rainbow --

yes, getting this type of "exact wording" requirement from some schools/districts and ONLY will take it from the physician before they will even consider that accommodation . . . of course, this seems often to apply ONLY to the accommodations that the school doesn't want to mess with or grant.

One more hoop and such bs.

This is being requested by schools/districts even in the face of strong allergist's letter that includes statement, "I consider [child's parents] to be experts in managing this condition."

In some instances, this is a square filler for them -- they want it in writing from attending physician as part of their documentation . . . but in many other instances it is more stalling tactic in order to deny accommodations so that they don't have to grant them.  They want to wear out the parents and get parents to capitulate.

Plus, of course, each time parents have to go back to the doctor it costs the family more money $ and precious time.

"provide your own equipment" in the context of LTFA equates to the requirement that the student/parent "provide your own food"  (for any event that is school sponsored and/or school sanctioned) where the school or other entity is providing the food for everybody else . . .

Quote from: ajasfolks2 on October 26, 2011, 03:52:22 AM
Terminology (from a USDA slide show for an Oregon foodbank link =
http://www.slideserve.com/presentation/71112/USDA-Civil-Rights-Training  )

Differential treatment

Disparate treatment

Disparate impact or discriminatory impact = discrimination that is not intentional but has that effect; rule, policy, or practice that may be neutral on its surfacebut impacts a protected class disproportionately

Reprisal/Retaliation = negative treatment of someone because he/she filed a complaint or complained about discrimination; retaliation could involve denial of service, harassment, intimidation, etc.; retaliatory behavior can result in finding of discriminatory retaliation even if the original complaint filed by the individual is baseless.

This is something that is federal agency speak.  Seriously-- when I spoke with DOJ regarding our <ahem> swimming situation, I was strongly encouraged to file with DOJ because it was a clear instance of a failure to change "practices, policies, and procedures" which were discriminatory-- and that while it was not inherently illegal to maintain such PPP as an organization, the refusal to alter them in the face of a clear case of exclusion of a QID was (and presumably, "is").

Make sense?

Now, yes, the burden of proof still rests with the individual to demonstrate that the PPP are inadequate to permit inclusion.  But don't worry there, since most of these organizations are MORE than willing to give a person an endless number of examples of both exclusion and even of undue burden from which to draw...

"sit in the special seat."
"just don't participate in..."
"have you sit this part out..."
"go down to the ________ office instead..."
"have your mom or dad provide you with...."
"wipe down your own equipment..."
"provide your own equipment..."

And believe me, if DOJ has a problem with this in the context of ADA, you'd better BELIEVE that it's a problem in the context of 504, which is far more stringent (no "reasonable" provision).

That wording is good. i can't see an Allergist objecting to writing that...and it puts it in schools own language. 
You said schools are requiring this - did schools that you know of suggest this actual wording, or is this your inference?

More and more it seems that schools / districts are DEMANDING that the physician's letter plainly state,

"These accommodations for [child's name] are necessary and appropriate for the safe inclusion of [child's name] in school activities" 


I might suggest adding/modifying as follows:

"At a minimum, these accommodations for [child's name] follow best practices and are necessary and appropriate for the safe inclusion -- physical as well as emotional safety -- of [child's name] in ALL school activities."



Thoughts, suggestions, experiences to share?

Related -- DUTY OF CARE

Special thanks to somebody -- 

http://www.citizensinformation.ie/en/education/primary_and_post_primary_education/teachers_and_schools/teachers_duty_of_care.html

The reflexive answer from schools tends to be about supposed fairness to other kids. Note I am not endorsing that merely posing that all too common response. Any persons have a solid, to-the-point response they like to use in this situation? My brain is stuck in first gear. Possibly neutral or reverse.

Liked this, thanks:

Quote

That's where you have to play devil's advocate and reply with, "does removing the student from school on certain days they want to use food, help w/student's ability to access education?" "Does taking him/her out of the classroom provide inclusion?" "Does having the allergen in the class offer an environment conducive to learning/climate for success or would it make for a mentally stressful situation for the student" if not then it is not appropriate.

Remember, appropriate education is defined as:
An appropriate education will include:

    education services designed to meet the individual education needs of students with disabilities as adequately as the needs of nondisabled students are met;

    the education of each student with a disability with nondisabled students, to the maximum extent appropriate to the needs of the student with a disability;

    evaluation and placement procedures established to guard against misclassification or inappropriate placement of students, and a periodic reevaluation of students who have been provided special education or related services; and

    establishment of due process procedures that enable parents and guardians to:

        receive required notices;

        review their child's records; and

        challenge identification, evaluation and placement decisions.

http://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html

Bumping this -- want to keep going if anyone has something to add or ask . . .

Quote from: ajasfolks2 on November 12, 2011, 11:02:21 AM
http://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html

Quote

How Is an Appropriate Education Defined?

An appropriate education will include:

<2nd bullet>
•the education of each student with a disability with nondisabled students, to the maximum extent appropriate to the needs of the student with a disability;

The problem is that the school wants to be the sole source of definition for the word "appropriate" -- and it always is predetermined by all of the school-side members at the meeting . . . so there is a no-win situation unless the parents bring massive numbers of people to the meeting so to OUTNUMBER the school staff.




There is a word for this, possibly:

collusion.


http://en.wikipedia.org/wiki/Collusion
Collusion is an agreement between two or more persons, sometimes illegal and therefore secretive, to limit open competition by deceiving, misleading, or defrauding others of their legal rights, or to obtain an objective forbidden by law typically by defrauding or gaining an unfair advantage.[citation needed] It is an agreement among firms to divide the market, set prices, or limit production.[1] It can involve "wage fixing, kickbacks, or misrepresenting the independence of the relationship between the colluding parties".[2] In legal terms, all acts affected by collusion are considered void.[3]

That's where you have to play devil's advocate and reply with, "does removing the student from school on certain days they want to use food, help w/student's ability to access education?" "Does taking him/her out of the classroom provide inclusion?" "Does having the allergen in the class offer an environment conducive to learning/climate for success or would it make for a mentally stressful situation for the student" if not then it is not appropriate.

Remember, appropriate education is defined as:
An appropriate education will include:

    education services designed to meet the individual education needs of students with disabilities as adequately as the needs of nondisabled students are met;

    the education of each student with a disability with nondisabled students, to the maximum extent appropriate to the needs of the student with a disability;

    evaluation and placement procedures established to guard against misclassification or inappropriate placement of students, and a periodic reevaluation of students who have been provided special education or related services; and

    establishment of due process procedures that enable parents and guardians to:

        receive required notices;

        review their child's records; and

        challenge identification, evaluation and placement decisions.

http://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html

Interesting verbiage fromt the Washington state LTFA policy (my bold added):

Quote
Developing Individual and Emergency Care Plans –The Team Approach
The parents and student are the experts on the student's allergy. To ensure a safe
learning environment for the student with a life-threatening allergy, the parents and the
student should plan to meet with the school nurse, school officials, school nutrition
services, and other school staff as necessary to develop the IHP and/or ECP. This
meeting needs to occur prior to the student attending school, upon returning to school
after an absence related to the diagnosis, and any time there are changes in the
student's treatment plan.

Link:
http://www.foodallergy.org/files/Wash_State_Anaphylaxis_Guidelines.pdf

.pdf page 17 (not matching the page numbers at bottom of actual document)

http://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html

Quote

How Is an Appropriate Education Defined?

An appropriate education will include:

<2nd bullet>
•the education of each student with a disability with nondisabled students, to the maximum extent appropriate to the needs of the student with a disability;

The problem is that the school wants to be the sole source of definition for the word "appropriate" -- and it always is predetermined by all of the school-side members at the meeting . . . so there is a no-win situation unless the parents bring massive numbers of people to the meeting so to OUTNUMBER the school staff.




There is a word for this, possibly:

collusion.


http://en.wikipedia.org/wiki/Collusion
Collusion is an agreement between two or more persons, sometimes illegal and therefore secretive, to limit open competition by deceiving, misleading, or defrauding others of their legal rights, or to obtain an objective forbidden by law typically by defrauding or gaining an unfair advantage.[citation needed] It is an agreement among firms to divide the market, set prices, or limit production.[1] It can involve "wage fixing, kickbacks, or misrepresenting the independence of the relationship between the colluding parties".[2] In legal terms, all acts affected by collusion are considered void.[3]

I just needed to see this in larger-than-life headline format today.

I've really had all I'm going to stomach, TYVM!

Quote from: ajasfolks2 on November 09, 2011, 05:29:19 PM
Important issues to work through:

The school wants to equate necessary and appropriate with stuff that is *only* convenient for them.

The school expects that they -- and ONLY they -- can possibly "know" what is "necessary and appropriate".

. . .

More to come . . . only the beginning of thoughts tonight.

The school may believe that they *only* have to apply what's necessary & appropriate according to their standards BUT the language of the law states it has to be to the "maximum extent appropriate and necessary to the student's disability".  That means they not only have to do what's necessary at the very least but to the maximum extent as well.

They conveniently leave this out (or to their defense, really don't know about it).  This is why it's up to us parents to really educate ourselves so that we may educate the schools.   

Elie Goldberg:

Quote
"In order to receive federal funding, the school assures the federal government that it does not operate in a way that privileges some groups and disenfranchises or discriminates against individuals or other groups," Goldberg said. "Section 504 gives parents the right to notify the school when it is doing something that is creating a barrier to a child's access to education. You can ask the school to do something it isn't doing, or to stop something that it is doing. Section 504 gives you the right to go up the chain of command if the school resists or refuses to cooperate. The U.S. Department of Education Office for Civil Rights is the agency with responsibility for Section 504 complaints."

Important issues to work through:

The school wants to equate necessary and appropriate with stuff that is *only* convenient for them.

The school expects that they -- and ONLY they -- can possibly "know" what is "necessary and appropriate".

. . .

More to come . . . only the beginning of thoughts tonight.