Catching some stuff from that website via Wayback machine:

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How important is written documentation?

It's absolutely essential. If it's not written down, someone somewhere somehow will swear it never happened or it was never said or that it was misinterpreted.

If you have a dispute with the school, your contact log is independent evidence that supports your memory.

Make your requests in writing. Write polite follow-up letters to document events, discussions, and meetings.

Documentation that supports your position is a key to resolving disputes early.

If you have a dispute with the school, you should assume that you will testify about your recollections. Memories are unreliable and influenced by emotions. If your problems boils down to your word against the word of a school employee, you are not likely to prevail without proper documentation.

However, if your recollections are supported by a journal, contact log or calendar that describes the problem or event, you will be in a stronger position. Your journal or log should be contemporaneous -- that is, written when the events or incidents occurred.

If you can produce a letter that describes what the school agreed to do or refused to do, your position will be stronger.

If the school asks you to sign a consent or permission form, get a copy for your records. Your copy establishes what you agreed to.

Documents provide answers to "Who, What, Why, When, Where, How and Explain" questions.

•What services or supports did the school agree to provide?

•What services or supports did the school refuse to provide?

•What reasons did the school give for their refusal?

•Who attended the meeting when these decisions were made?

•Why was the parent not advised about this meeting?

•When was this meeting held?

•When did the parent receive the IEP in the mail?

•When did the school inform the parent about this change in program and placement?

•Explain how the new IEP was implemented.



Contact Log

Use a log to document all contacts between you and the school. Your log should include telephone calls, messages, meetings, letters, and notes between you and the school staff. Figure 1 is a contact log for telephone calls.

Figure 1: Contact Log

Telephone Calls
 
Who
 
When
 
What you wanted
 
What you were told
 
Notes
 

Your log is a memory aid and will help you remember what happened and why.



Your Calendar

Many parents like to record their appointments in a monthly or "Year at a Glance" calendar. Calendars can provide good evidence about meeting dates and times.

If you document meeting dates and times in a calendar, write a description of what happened at the meeting in your journal or log.

Do not throw your calendar away at the end of the year!


Your Journal

Your journal is like a diary and should be clear and legible.

If you request a due process hearing, your journal may be important evidence in your child's case. Your writings, journals, logs, calendars, and letters may be subpoenaed by the school district.

Assume that school personnel and their attorney will read your papers. Stick to the facts. Do not use the journal to report your feelings and frustrations.

When you write into your journal, write to the Stranger who has the power to fix problems. When the Stranger reads your journal, the Stranger will understand your perspective and want to fix your problems.

SOOOOOoooooo totally bumming that the DPhilpot law links no longer working . . . I don't see new link at her site for that stuff.

Darn!!

Even if not going to due process, there is great advice here:

http://www.wrightslaw.com/advoc/tips/palmer_prepare.htm

This is a nice resource by Bob Crabtree, Esq. on managing your child's paperwork. http://www.fetaweb.com/03/paperchase.crabtree.htm

I like it because it goes beyond document generation by parents into auditing records both to have a great file to hand over to an attorney or advocate, and be as prepared as possible for formal discovery.  This is a high priority for me in the coming year to get our academic, medical and financial files as fit as possible.

Adding link to this old thread, as is related.

Topic has to do with documenting a LTFA child's absence -- when it's due to the food and lack of safety in the school, etc:

http://allergy.hyperboards.com/action/view_topic/topic_id/17222/start/1

Just bumping and repeating this most helpful website -- not just the section here, but other areas of site as well:

http://www.dphilpotlaw.com/html/record_keeping.html

Continued


ajasfolks2

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How to document a phone message you leave on voicemail (if you must leave one, say on an attendance line for example):

1.  Type up the script you are going to say, verbatim.  (Should include your full name, the date, and time of call . . . then the other particulars, carefully worded.)

2.  Save this as word file.  (It will have day/time stamp.)

3.  Practice a couple times so to have voice level and calm.

4.  Call the number, read the script, choose the "listen to message" option if possible, then send it and hang up.

5.  Immediately send yourself (& spouse) an e-mail with the MSWord script attached and note, "Documenting phone call made from our  phone # at ____ date and ______ time to (person's name) at ____ phone #."

Print it all and save in documentation file.


Now, depending on circumstances, you can also share this printed version of Voicemail with anyone else as needed to back up the message left.

Or send a follow-up written communication that does same.

Document, document,


DOCUMENT!

Continuing

Gail

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Quote.... that I bet this new principal doesn't know the half of anything because we communicated via email with DS's principal a lot last year, and bet she didn't print those out to put in DS's file... and surely the new principal wouldn't have access to the old principal's email.  Right?  It was almost like a "Duh" moment, since what has she got to go by?  Heresay from the people that can't stand us... and heresay from the old principal... that only passed on that she got flack about stuff surrounding us.  The new principal didn't know that we caught a ton of it too... until today... when she told me what she did... and I told her that we've gotten a ton.  She was completely unaware.

Not surprised (though I am sorry).  I've been "through" 3 Superintendents now and 3 504Cs.  Can't even begin to say how true your statement is for us.  Actually, I think "half" is generous in my situation. 

gvmom

QuoteSO what can we really do?  I mean, yes, I feel compelled to make sure his record is complete.  The more I think about it though... would this new principal even read all of it?  For me, it all feels relevant... to her it might not be.  She is a clean slate in her mind, not judging us, in her mind... though clearly other tongues are wagging.  We have never engaged in that.  We have let ourselves end up on the gossip mill, not wanting to lower ourselves. 

Part of me feels compelled to really write a letter to this new principal to stand up for ourselves.  Give her a quick 5 minute fill in on our history.  All she knows is what other people have told her, how we are now because of those other people and the district, and we still aren't engaging in the politics. 

I don't want to.

It isn't who I am.

But now I'm feeling like I should at least do a small something with this principal.  Defend ourselves in a way, but more explanitory.

I don't know.  This is really bothering me now.

PinkPoodle

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gvmom-Totally understand about not wanting to get into that game--stooping to their level.  I try not to, but sometimes it does help to clear the air.  Let them know the history---how things got to this point.  I haven't done it with school staff (the current principal was VP last year and we had an end of the year meeting to 'express ourselves' with her & the old principal)---she probably still only knows a small fraction of the utter bullsh** we dealt with.  The internet blog about my child/family from a school staff member's husband really highlighted just how horrendous things became last year...she definitely was shocked and assured me she would not tolerate anything like that this year.  She has kept her word so far.

The 504 is not strictly followed but when we address it, she backs us (at least to our faces--no idea what actually gets said about the 2 "neurotic/difficult" parents ---I don't care very much either). 

I document everything--every email, every notice about classroom parties and I put it in a huge chronological file---it is at my fingertips if I need to pursue this formally, again.  The attorney appreciated the organization and documentation we did have.  There was no question of "he said, they said, we said"--it was all in writing.  Not ALL but enough to make our case clear.  CRYSTAL CLEAR.

I never requested to see DD's school file.  I'm quite certain the school district omitted the breach of confidentiality/internet blog making fun of our daughter and our family. 

Like ajasfolks---I started out much too trusting.  I probably still am too trusting and should require more documentation.  I am just so tired.  SO. TIRED.  I need to reenergize--this thread is at least getting my wheels spinning again   I've been putting some things off...need a kick in the butt before Valentine's Day creeps up and my 6 yr old is confronted with unsafe "choices".

Gail

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Part of me feels compelled to really write a letter to this new principal to stand up for ourselves.  Give her a quick 5 minute fill in on our history.  All she knows is what other people have told her, how we are now because of those other people and the district, and we still aren't engaging in the politics. 

I don't want to.

It isn't who I am.

But now I'm feeling like I should at least do a small something with this principal.  Defend ourselves in a way, but more explanitory.

I don't know.  This is really bothering me now.

We were compelled too, and did write a letter to the 504 Team. 

Mariah's second year at middle school the district hired a new 504C.  So because we entered a new school just the year before, every member on 504 Team was pretty new.  We were the only 'historians'.  It was really frustrating at times, especially when I'd realize that some staff operated under some false assumptions (i.e. that we wanted to 'ban' PB from the school, that we didn't want Mariah to carry her epi-pen). 

So at the beginning of our second year, my DH and I provided the 504 Team with a letter that outlined (bullet points) our 'philosophy', some professional background info on ourselves, and some 'history'.  It included factual information about Mariah's past reactions at school, examples of how she had experienced discrimination at school, a photo of her with symptoms of a contact reaction, concise medical information about her 'touch challenge', information of district policies I had worked on with the previous 504C, our 'non-negotiables' (e.g. Mariah must always be with an adult trained in administering epi), information about a state bill I worked on with a local state senator on self-carry, our stance on 'banning', etc.   

I received enormous positive feedback from that letter.  It was very basic stuff, but it seemed to demystify us. Staff liked that we were straight forward.  It seemed to help put some of the past 'crap' behind us. 

gvmom, I don't know that a school would necessarily honor a parent's request to include a stack of e-mails in their child's educational record.  When I saw Mariah's file for the first time I was shocked that they were in there.  <<shrug>> But since those e-mails  and notes were there, it was pretty difficult for the SD to deny my request for very obviously relevant documentation that was missing to be added. 

ajasfolks2

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Not trying to pour gasoline on a fire.

But there just are some really amazing stories here and anecdotal info, etc.

(this link was posted here on our boards by one of our members in past recent days)


http://www.mothersfromhell2.org/


Just in case anyone missed this.

Continued, Page 3

Momcat

QuoteGail,  I'm trying to figure out how to request to see my kids' records without appearing "adversarial".  Our school seems to view any attempts by parents to exercise their rights as adversarial  :

Do you have any pointers on this?  I'm thinking of saying that I make it a practice to review these periodically just to make sure there are no errors/omissions.

nutfreemom

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Cathy,

How do you ask to see the records? Do you ask someone at the school or at district level?

To get a copy of ds1's record, we made a public records request through the district's communications department.

Just thinking about how it might depend on whom you ask as to how you are treated.

Momcat

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Good idea, but wouldn't it still "get back" to the school that we requested the records? Would that look sneaky? Would it be better just to go into the office and ask up front?

nutfreemom

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Yes, the school will know bc the person fulfilling your request will have to ask them for the records, if the records are kept at the school, which I would think that they are.

I suppose it could be perceived as "sneaky" by someone who has concern regarding you examining the records. Someone who is worried that you will find a ****-up and make waves. I would think that this person probably already has his/her mind made up about parents looking at their children's files, and will think whatever (s)he wants.

Initially we were forced into making a public records request regarding documents that related to ds1's safety at school (epi training doc's). We were told we could have them, then we were told they weren't in the bldg, finally we were told they didn't exist. We had to go to the district to find out for certain. The comm dept is more of a neutral party, and doesn't have an agenda regarding the contents of the file.

We went with this approach for his school file bc I felt it was more formal, and bc the comm director is very approachable. The comm dept also has a specific time line (3 days) in which they have to fulfill a request or find out if the doc's exist. The school admin can stonewall indefinitely. I will have to find the copy of the form the comm director gave me to read the wording.

The school will most definitely know, but if they think you're up to something anyway, I'd rather avoid the dirty looks & snide comments, and ask someone else to get the info for me.

These laws could also vary from state to state, & district to district in how you obtain public records. Ours is a state law regarding public records request.

nutfreemom

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I looked at the form. Pretty basic stuff about 3 day time line, etc about reviewing the records & getting a copy.

The other aspect I liked about this was that the comm dept is required to issue a written response to your records request. This is not required at bldg level in our district.

I would just be as matter-of-fact as I could about checking the records. You could even say you want to make sure all the info you've given the school for your child's med file is accurate and up-to-date, make it seem like you want to check your accuracy too.

Just have to say that our comm director said she had never seen so many feathers ruffled by a records request as when we wanted the training doc's. I think she kind of enjoyed it. After we filed for due process, all our requests had to go through the superintendent whom I'm sure sent them all directly to their atty.

Gail

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Gail,  I'm trying to figure out how to request to see my kids' records without appearing "adversarial".  Our school seems to view any attempts by parents to exercise their rights as adversarial  :

Do you have any pointers on this?  I'm thinking of saying that I make it a practice to review these periodically just to make sure there are no errors/omissions.

Cathy

Hi Cathy. 

No pointers.  <<shrug>>  I make it a point to reveiw Mariah's file about once a year or so.  So it's no longer a surprise to them that I do. . .  (Though I'm probably one of the very few parents who do).  Just a routine check up. 

ajasfolks2

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SOme may find the pointers and suggestions on this site very useful -- this one page related here as to examining your child's school/student records.

http://www.dphilpotlaw.com/html/record_keeping.html

nutfreemom

Quote~e

This site is fantastic!

What a find!

ajasfolks2

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This site is fantastic!

What a find!

I really thought so too.  Ysterday, I read so much there -- even though much of it was stuff I already "knew" -- reading it in a different format, with someone else's well-written explanaions and logical arguments is so helpful to me.  Yes, I get this type of help from reading here and other sites, but this one is especially good.


Glad to share it -- very glad it may be helpful to others too!!

~e

PS -- I included the site's main link in a post I added to the stickied "504 Tips" topic on this board.

Gail

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SOme may find the pointers and suggestions on this site very useful -- this one page related here as to examining your child's school/student records.


http://www.dphilpotlaw.com/html/record_keeping.html


~e

Love that site!   


linking:

http://allergy.hyperboards.com/index.php?action=view_topic&topic_id=2847&start=1#

Follow on posts, pg 2

Gail

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There are some here who have told of their 504s being "signed on" by all the teachers &/or staff involved -- am thinking perhaps Gail is one?  Any body else?

Correct.  Additionally, all training is documented per specific 504 accommodations with the specific staff persons who are responsible of fulfilling the accommodation for each accommodation.  This is how it is stated on the 504:

Accommodation:  "Staff training for any X School District program in which Mariah participates is conducted and documented annually  and as needed.  This training shall include:  IHP review, procedures and responsibilities, recognizing allergy symptoms, EipPen administration, and disability understanding.  This training will include all staff (core elective and support).  (See attached Individualized Healthcare Plan)
Name(s) of staff person(s) responsible:  School Nurse, Disctict Representative (504 Coordinator)

These also have specific staff assigned:
Accommodation:  "Review and share with teachers and appropriate staff (all core, elective and support) the "Emergency Plan" (see attached Appendix A)

Accommodation:  Review and share with teachers and appropriate staff (all core, elective and support) the "Cafeteria Plan"  (see attached Appendix B)

Accommodation:  Review and share with teachers and appropriate staff (all core, elective and support) the "School Planning Activities Worksheet" (see attached Appendix C)

Accommodation:  Review and share with teachers and appropriate staff (all core, elective and support) the "Student's Responsibilities" (see attached appendix D)

Accommodation:  Review and share with teachers and appropriate staff (all core, elective and support) the "Asthma Action Plan" (see attached Appendix E)

Accommodation:  Review and share with all appropriate staff the "Bus Emergency Plan" (See attached Appendix F)

Accommodation:  EpiPens accessible to all staff

Accommodation:   Designated adult mentor to assist planning and self-advocacy using a consistent planning form

Accommodation:  Provisions for Mariah to participate in the food services programs

Accommodation:  Documentation of all allergic reactions per Incident Report Form

ajasfolks2

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Gail -- thanks, I thought you were one who had this!

(Forgive me if I'm missing this or am being thick, up too late reading and mulling.  I do have a cc of 504 detail & other you had provided once upon a time, but do not have it at fingertips right now.)

Is there a form for staff member to sign that states he/she has been info'd/trained according to accomodations/requirement & if so, do you get a copy of each one?  (Somehow I think I asked this once upon a time over the rainbow . . . )

Do you also have in the 504 a requirement that the principal (or other staff member) document in writing (full detail) any/all violations of 504 accommodations that may not have resulted in reaction?  (Or is this solely up to you to do when/if you learn of the violation?)

IF yes as to forms, how did this go over at accommodations discussions?  Was this at your request or part of their regular documentation procedures?

Gail

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Given some things I read, I'm wondering if it would be prudent to do some formal documentation. For instance, write a statement and have that document Witnessed and Notarized and put in a special file, should an allergic reaction happen in school that was PREVENTABLE if the precautions had been taken.

"On x date, informed principal and nurse that I am not comfortable with the serving of any baked goods in my child's nut free classroom due to possiblity of cross contamination".

or in gvmoms' case,

"On x date, requested that school staff NEVER feed my child."
Anyone know if a notary public would sign something like this? Or another route to document?

I wanted to add that I came very close to going to "due process" over this very issue.  This is an issue very near and dear to me. 

IMO, the "special file" is your child's "educational record" maintained by the SD.  IMO,  if you want your correspondence to be 'documented' , all you need to do is to request that your letter (even if it's unilatterally from you) be placed in your child's "educational record" and request confirmation as such. 

Long story you may wish to skip:
After my daughter received a Section 504 designation, I formally requested, in writing, to "reivew my daughter's educational record".  Essentially by doing this, I exercised my parental right to "Examine all records relating to decisions regarding your child's identification, evlaution, educational program, and placement."   So the District 504 Coordinator set up a meeting and we reviewed this 5 inch thick folder that was housed at the Board Office.  There were report cards, progress reports, etc, but it was very telling because selective e-mails and correspondence comprised the majority of her file.  It was really interesting (read "creepy") to see some of my hand written notes there.  Tons of e-mails.  It was haphazard, selective, biased; a joke. 

For example, one glaring omision was that no documentation existed regarding of any of Mariah's 9 allergic reactions (that had occurred while she was in school).  Coincidence?   Also missing were some correspondence to the 504 C from our allergist.  It was absolutely sickening to me that there were pages and pages of my e-mails, often mulitple copies of the same e-mail, but weighty medical reports were missing. 

After spending hours reviewing her file, I formally requested that the District 504 Coordinator include documentation of those allergic events.  I also requested that certain other documents that I had previsouly provided the SD also be included in her file.  It wasn't easy for the 504 C to recreate documentation (some staff were no longer there and some had occurred 3 years prior) and I got alot of obstacles throw at me.  But I would have gone to "Due Process" over this, and the tone and formality of my correspondence was pretty indicative of that.  In other words, they had made mistakes (those made during the evaluation included) and  my ducks were clearly lined up and waiting to quack. 

After all that, I routinely asked that certain correspondence be included in Mariah's education record (a.k.a. her 'permanent file') and requested confirmation that the letter, docuemtn, whatever, has been placed in her file.  IMO, this is something I would recommend for all to do. 

ajasfolks2

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I exercised my parental right to "Examine all records relating to decisions regarding your child's identification, evlaution, educational program, and placement."

You know, active duty military members must regularly review their official records and personnel files for accuracy and ommissions.  What's in those files affects careers, promotions, assignments, and possibily even disability claims down the road.

I've already been aggravated by the sometimes ridiculous comments written onto our children's progress reports and report cards.  We've addressed this sometimes in meetings with school staff/officials, but often have just shrugged & let it go.

Now I'm thinking about how those comments on the prog reports, as well as selected correspondences from parents and deletion/omission of other critical items might totally screw a child and his family in the future.  (Thinking in terms of trying to get "new" school to appropriately handle LTFA accommodations when transferring, but this may apply in all sorts of ways.)

How in the world do we protect our child and ourselves?

How often do we make formal request to see the records?

And when we request transcripts be forwarded on to next school, how do we determine what other "records" might have been sent as well?

I was beginning to think I was paranoid and that I was being "watched" by this school as they work to paint us as being beyond unreasonable.  But now I really get it. 

I.get.it.

Gail

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Is there a form for staff member to sign that states he/she has been info'd/trained according to accomodations/requirement & if so, do you get a copy of each one?  (Somehow I think I asked this once upon a time over the rainbow . . . )

Our elementary school nurse  created an "Epinepherine Compentency Form" (or "Check List") that the district used for many years.  I posted it on the other board.  That is still being used.  Since Mariah received the 504 designation and we have regular 504 Team meetings, staff routinely report to the Team on their responsibilities.  So, the School Nurse reports that the training has occurred and any details (e.g. what staff were absent and when they will be trained.)  I know she usees a sign in sheet for her training.  I don't know if there is any additional documentation that she uses.  But I could ask, if you'd like.  It wouldn't be a problem for me. 

I also looked at the paperwork and see that on the signature page it says,
Documentation of teacher, teacher assistant and office staff review and understanding of the contents of the IHP and it's attachments will be documented by te school district." (For whatever that's worth. . . )

QuoteDo you also have in the 504 a requirement that the principal (or other staff member) document in writing (full detail) any/all violations of 504 accommodations that may not have resulted in reaction?  (Or is this solely up to you to do when/if you learn of the violation?)

Great question IMO because this was yet another fairly significant battle with the school.      The short answer is, no, it's not in the 504 plan.  It could be, but I don't find it necessary because the SD has documented procedures already in place.   My experience was, however, no one was aware of the SD's proceudres.  (Nothing knew, right?  :  )

After a violation I met met with the 504 C and requested documentation of the violation and the disciplinary course of actions that the SD took with the teacher.  She refused.  She deemed that information 'confidential'. 

Ok, then, let me rephrase:  Would you please provide me with the SD's policies and procedures regarding instances whereby a staff member has violated a student's 504 plan? What course of action do you take?       Ah-ha!  I learn that the SD has a specific form that the building principal intiates by documenting the details of the violation and obtains the teacher (or whomever has violated a student's IEp or 504 plan's) signature.  The principal provides a copy to the 504C, the teacher's file,  and the student's file.     If I want to see it, all I need to do is exercise my right to review her 'educational record' or request a copy of it *because* I have the parental right to

examine all relevant records in my child's educational record..

I also have the *right* to obtain a copy of that form now that it is part of Mariah's educational record.

I also have the *right* to obtain a response from the SD for "explanations and interpretations of my child's records", so if that form were incomplete or contained erroneous information, I would ask for a clarification of the facts.


AND, (and this is an excellent parental *right*), if I disagreed with any statements made by the principal on the form, I would address them in writing and ask that she correct them because I have the *right* to request an amendment of my child's educational records. (This is the parental right I used to when requesting them to created documentation of her past allergic reactions.  I claimed that the absence of this vital information created an inaccurate and misleading educational record.) 

An important part of "documentation" is about exercising your parental rights regarding your child's educational record. 

QuoteIF yes as to forms, how did this go over at accommodations discussions?  Was this at your request or part of their regular documentation procedures?

The form already existed, the process already existed,  but either no one was aware of it or no one insisted that they follow their procedures.  I request a copy every time there's been a violation.  I ask if all the procedures have been followed i.e. (a copy has been included in my child's educational record). 

nutfreemom

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Gail,

Your info couldn't be more timely for us. THANK YOU!!!

We had a major problem yesterday. He's okay, no rxn. I need to put these procedures in place for ds1. There is no recourse or reprimand at bldg level. We are working on enforcement (sd policing itself) as part of his plan.

We requested a copy of ds1's school file (med & ed) & some very important med documents were missing! This has not come up yet as an issue, seeing that right now we are having trouble w/the day to day. We do need to view his actual file at the school to make sure these doc's are missing & weren't just (in)advertenly omitted.

ajasfolks2

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Gail, thank you ever so much for you time & detailed answers!!

I do realize that I have far fewer "rights" when it comes to dealing with my private school.  But I will be reviewing the student handbook this weekend to see how/if this is addressed.  (Not holding breath.)

I am kicking myself that I did not keep a detailed journal of the events of last year -- both WRT food allergy stuff at the school, but also WRT education concerns and problems as well as child's conduct &/or "reported" conduct.

Last week I started e-mailing to myself a daily documentation of stuff that happened at the school that I felt was important to have a record of.  Kind of an ad hoc journal, with some date/time stamping due to the e-mail format.  I have also vowed to have zero telephone correspondence with school staff except to answer their calls to tell me there has been a medical emergency.  Otherwise, I will request insist they make every request of me in writing.  And I will only answer in writing, with all words painfully & carefully chosen.

It is hard enough for us as parents to realize that many school staff, administration, and parents really DO NOT value your child's life as they should.  Having all the rest piled on top -- the dishonesty about events, the attempts to impugn our reputations bordering on character assisination, the behind-the-scenes workings to try to weasel a way out of every safety requirement, etc. -- is beyond the pale.


Documenting has taken on a whole new world of meaning for me now.  I cannot believe I was so blind and trusting.

Gail

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(Thinking in terms of trying to get "new" school to appropriately handle LTFA accommodations when transferring, but this may apply in all sorts of ways.)

. . .

And when we request transcripts be forwarded on to next school, how do we determine what other "records" might have been sent as well?

Since we will probably never transfer out of our school district, this possibility had never occured to me.  But you're right~  what's in your child's record could have ramifications at a new school.

A parent has some recourse via their 'parental rights' to document important information by formally requesting that it is included as part of your child's educational record.  A parent also has the right to request that the school amend information contained in their child's record that they belive is inaccurate or misleading.  Also, if pertinent documents or correspondence are missing from your child's educational record, you can request that they include them by claiming their omission creates an "inaccurate" record. 

gvmom

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It is interesting to read this today given what transpired just this day with DS's principal.  I was actually thinking to myself, rather wondering... almost in an "A-HA" way.... that I bet this new principal doesn't know the half of anything because we communicated via email with DS's principal a lot last year, and bet she didn't print those out to put in DS's file... and surely the new principal wouldn't have access to the old principal's email.  Right?  It was almost like a "Duh" moment, since what has she got to go by?  Heresay from the people that can't stand us... and heresay from the old principal... that only passed on that she got flack about stuff surrounding us.  The new principal didn't know that we caught a ton of it too... until today... when she told me what she did... and I told her that we've gotten a ton.  She was completely unaware.

Makes me think we should be printing out a ton of stuff that we have, correspondance relevant to our DS, and submit it to get put in his file.  Give her something to read.

ajasfolks2

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QuoteGive her something to read.

And my mind is already formulating that I will NOT request transcripts/records from current school UNTIL we have 504 wheels in motion with new school and have already established relationship.  THIS time that should be easier as we are not expecting to move in late summer, but rather in early spring AND I should have a fix on exactly where/district we will be living long before school is out in June . . .

Plus the county/area we are considering already has some sort of history of "getting it" WRT LTFA.  (I know I know.  Don't get my hopes up.)


The extra burden on families who must move often makes this whole darned thing extremely challenging.

:  :  :  :
LIKE IT NEEDED TO BE ANY HARDER, huh?!
:  :  :  : 


What a learning 24-hours.  Thanks to everybody for comments and contributions.  Just wanted to say that.  Repeatedly.


   

Follow ons

ajasfolks2

Quote
Here's a link to an example where there are multiple options to be checked by the person in receipt:

http://www.doa.state.wi.us/docs_view2.asp?docid=4421


Google "Written Acknowledgement of Receipt" for other examples and ideas.

I love the Internet.

nutfreemom

QuoteHedgehog is right! I used to be a notary. Notaries only check to see if you are you, and the date. Notaries must witness the signing of the document. They don't check the validity of the statements in the document. That would be the job of the person signing the document, as I'm sure you know: don't sign anything before you read & understand it.

This written acknowledgement of receipt is interesting... hmmm...

cya

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Still though, having something validated and "time stamped" when it happened could be valuable later.

I'm meeting w/ a lawyer who has a kid with LTFA and has a 504 on Wed (just casually for coffee)...will ask this question if I get a chance.

gvmom

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You know, I've had something floating in and out of my brain about this given our recent discussions in a few threads. Especially thinking about the weight of the concept of Informed Consent.

I wonder if there is a way to flip the tables on all of these people. I mean, what do you think it would be like if we walked in with forms for the teachers/school/district to sign... you know, waivers, acceptance of liability, receipt of "Informed Consent"....

We know the federal government recognizes our children as having basic civil rights first. We know the federal government recognizes LTFA's as a disability. We know that disabilities grant our children rights.

What would happen if it was us "Informing" the school. Requesting them to prove that they understand the responsibility they are holding, sign off that they are qualified, sign off on accepting the liability associate with their negligent actions having been given notification of our children's needs relative to their disabilities, etc.?

Part of me actually, when I think about it, thinks that this is what we are doing in our situation with our younger son who doesn't have a formal 504 designation from the school.

I really wonder about this whole notion... why can't we really flip the tables? These are our children, not theirs. They should be proving their qualification to us, not the other way around.

edited to add: That yes, this thought stemmed from the idea of documentation and the form that Ajas wrote up. We, as a community, should document everything.... and usually we, meaning DH and I, do document everything. But could't we document, have forms for helping us document, that cause the other side (schools, district), to realize they should be documenting and following through with accommodations because they are "on the defense" so to speak and we are in the driver's seat?

CMdeux

QuoteWhile I've not done it with schools per se, I have done this with other people.

They blink a few times, I'll tell you what.  But they take you much more seriously when you hold out your hand for a signed sheet of paper saying 'I've read and I understand...'

And they tend not to 'forget' about it.  Funny how that works.

ajasfolks2

QuoteYou know, gvmom, you're right.  IMPHO.   

While some might acuse us of being too aggressive in this approach, these are our precious, irreplaceable children we are handing over to them for a huge piece of every day.  And, given their special needs in order to LIVE TO THE END OF THE DAY, I would like a few assurances from said caretakers.

In writing.

Signed.


Because I know, in my situation anyway, that the school is NOT following through on certain safety procedures and information sharing with staff.  FOUR separate, clear violations of sizeable magnitude in four months. 


There are some here who have told of their 504s being "signed on" by all the teachers &/or staff involved -- am thinking perhaps Gail is one?  Any body else?

gvmom

QuoteJust interesting as a find:

http://en.wikipedia.org/wiki/Informed_consent

The doctrine of informed consent relates to professional negligence and establishes a breach of the duty of care owed to the patient (see duty of care, breach of the duty, and causation in English law).

Just an interesting sentence starting off the surgery section.  Again, the language is familiar... negligence.... duty of care....

Haven't we gone round and again about the aspect of "duty of care" before?  I also know that negligence happens to have been introduced into many of our conversations....

It would seem to me, along the lines that MB posted with that link to the book about health & legal, that we have a leg to stand on in linking language and philosophy behind what we are advocating with the schools.

The more I read, the more I realize these school people know squat.

ajasfolks2

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Quote

The more I read, the more I realize these school people know squat.

And I wonder to myself how many more demonstrations of SQUAT I need from these people to just call a spade a spade.  Directly. 


Just thinking/complaining outloud.

cya

Quotegvmom,

I love the idea and would be great to see some aggressive lawyer types start to handle it this way, you know, to set some nice precedents. 

Mfamom

QuoteYeah I agree as I sit here reading all the garbage they want me to sign to get a delegate.
We'll do this for your child, but we can't promise to do it right, you have to promise not to hold us liable if we mess it up blah blah blah.

gvmom

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Mfamom.... you aren't planning to sign any liability waivers are you?

nutfreemom

Quotegvmom,

You are an evil genius!  

I think this could be written into a 504, but one wouldn't necessarily have to have a 504 to do this.

As some of you know, our SD finally admitted they were wrong , and reversed their decision regarding ds1's 504 eligibility. Part of his 504 accomodation plan (we have already agreed to some basic parts of the plan, but no specifics yet) is to include the documentation of training of symptoms of allergic rxn & epi admin, of all staff in contact with him. Meaning that any staff member who completes the training must sign off on it, and also that if any refuse (which they have the right to do for religious reasons) they are not to be supervising my child. After reading here I think I would like to include some allergen avoidance training too.

I am not sure who will sign the actual plan, we haven't talked about that, but I like the idea of having them all sign. Although, the 504 does not have to be signed to be enforceable, but many SD's like to do this to make the document seem more official. My contact at the OCR has told me that it is not necessary though.

cya  (2008)

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Given some things I read, I'm wondering if it would be prudent to do some formal documentation. For instance, write a statement and have that document Witnessed and Notarized and put in a special file, should an allergic reaction happen in school that was PREVENTABLE if the precautions had been taken.

"On x date, informed principal and nurse that I am not comfortable with the serving of any baked goods in my child's nut free classroom due to possiblity of cross contamination".

or in gvmoms' case,

"On x date, requested that school staff NEVER feed my child."
Anyone know if a notary public would sign something like this? Or another route to document?

hedgehog

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I'm not sure, but I believe that the only reason to have something notarized is prove that it was signed by the person who was supposed to, on the date they signed it. I believe they just really check your identity and make sure the date is correct. So I guess as long as you prove who you say you are and don't try to back-date, you could get it notarized. But I'm not sure it would be worth the effort and cost (depending on where you do your banking, it might be free).

ajasfolks2

QuoteMight be interesting to attempt to get a signed "Written Acknowledgement of Receipt"
-- perhaps looking something like this (my own quote block added for readability and to make it look like a document):

Quote

WRITTEN ACKNOWLEDGEMENT OF RECEIPT



I, ___________________________________ (teacher/administrator name) acknowledge and affirm
that I have received the written
Refusal to Dispense Food to XYZ Child
from the parents Mr. and Mrs. FA Parent.



__________________________________          __________
(Teacher or Admin signature)                 (Date)





___  Acknowledgement was unable to be obtained.    Reason:




                     ______________________   _______
                 (Parent's signature)     (Date)

Not sure if I can get this to format correctly in the post, but will keep trying to fix if goobered up.


In any event, substitute the document name you have provided to the school (must have document name heading on it that exactly matches the title referenced in this receipt) and attempt to get signature from the players.  I would provide this receipt at the same time I provide the document, if at all possible.  Though you can always do this after the fact.

It's a receipt.  Signed.


I suppose you could also require witnesses to the signature, but I'm only guessing.


The parent is signing only if had to check the  Acknowledgement was unable to be obtained  spot & provided reason.

And if the Admin/teacher refuses to sign, how's that going to look?   



Edited to try to fix formatting width problem.  ~e