New school - new state: questioning 504 and do not believe they plan to follow.

[joshsmom]

We just moved to PA. THE ORIGINAL 504 was started in Pa revised in VA. Now we are back to a new town in PA. THE PRINCIPAL WAS QUESTINING THE ENTIRE THING. Never sent out the no nuts in classroom for snacks. What are my legal rights? She was saying if he is in a peanut free classroom then why would there need to be children between when someone was eating nuts. I said special circumstances where children had to eat in the classroom which happened maybe 2 times the entire year. I am freaking out here. They do not wash hands after snack or lunch and they share supplies. How can I send my son to school knowing that a possible reaction will happen. Also on fireldtrips my son has always sat with everyone and the principal said she would sit him away from all the other children I said absolutely not. There would be one child between my child and the one who had peanuts. I really do not want to raise hell but I think that is what I need to do before school starts tomorrow. His first day. He doesn't want to go to private school and I don't think I should gave to fork over tons of money. What do I do!

[Macabre]

Did this happen in a meeting with the principal?

Keep this phrase handy: "the same as his nondisabled peers." For instance, he needs to have the same experience on field trips as his nondisabled peers. His nondisabled peers are not required to be singled out; neither should your son. He should not be singled out based on his disability. He should have the same access to field trips as his nondisabled peers.

Moving to our current state, our principal wanted to ditch out 504, too. I simply said we were not interested in removing the 504 designation, as nothing changed for his qualification. Also, I was explicit that we wanted the designation going into college.

That's all I have time for right now.

hth

[ajasfolks2]

Two things:

#1 -- the 504 should be fully followed as CURRENTLY written and coming from the VA school . . . it would be a "hold in place" situation until they do #2 . . . principal cannot just will-nilly knock off what he/she does not want to adhere to and may not make unilateral decisions to REMOVE accommodations without TEAM decision.

#2 -- a 504 Eligibility and Plan meeting should be scheduled by the school -- you'll document that the med condition (disability) still exists and then there will be TEAM decision as to the accommodations with input from allergist too (even if from VA allergist). 

Pull up your new PA school district's 504 info and "procedural information" as well as finding the grievance info . . .

And document ALL fully -- IN WRITING -- as you go along.  Do letters of understanding for telephone call or meeting follow up if you have not recorded using digital recorder.

[joshsmom]

Pleasantly surprised they are following 504 to a t!

[ajasfolks2]

Whew!  Don't be surprised if there is a clock on when it needs to have re-eval and review, esp to basically verify that qualifying condition still exists -- which would be normal procedure.

[Macabre]

joshsmom, that's a good thing.