504 Plan: School will not proceed. NEED HELP.

[twinturbo]

Two items specifically to back pocket right now. Both are based on the paraphrased response from your school administration. ajasfolks linked earlier to a document from OCR finding that a school district failed its duty to provide due process to children with LTFA. Read it. Print out a copy highlighted with relevant paragraph regarding district's obligation to identify students who are in need of a 504 to fully provide FAPE.

Second is the most current letter reminding school staff it may not intimidate, nor retaliate, et cetera, for invoking 504 or filing a complaint with OCR.

It's a little more troubling than before that they are ignoring their duty and in its stead placing it as your insistence that due process take place. Macabre will have the full bureaucratic breadcrumb trail to follow--don't let up. But at the same time--watch your back.

[Macabre]

...you seem really insistent.. Lol. Water and rocks. Water and rocks. And you've been dripping on them effectively!

Yeah, the OCR process can take forever. However, calling to chat with them can be helpful for you. For me, my Sped Dir knew I contacted them and had no qualms over filing a complaint if the school didn't obey the law. That helped our case.  We've had flub ups over the years, but intentions have been food overall (and thanks to the 504 and the good people at the school).

I'm excited your situation has improved!

[CMdeux]

^ what she said.

I even went so far as to "encourage" others in meetings to "call OCR themselves for technical advice."

I call this the "nothing to hide/nothing to lose" move.

It says that you KNOW that you're right.

I suspect that you may get "why do you need a 504/what MORE do you want?"  So you may want to be prepared to counter that with "he qualifies" (with a puzzled expression) and that you're puzzled as to why they WOULDN'T want to write this in a formal document as a 504 plan...

[tigerlily]

No quoting thanks.

We have a 504. !!!

Still processing the road that it took to get there. At the final meeting many things said that DH and I are still in disbelief.

Folks who are in charge of the process offered only a blank form with no proposed route for LTFA. "see does not really apply to your condition". We supplied our own list of accommodations. It was proposed that DS to be excluded from unsafe activities such as field trips and labs with no penalties. At one point when discussing the studies showing bullying and LTFA, there was the comment made that if one made a "big deal" about LTFA that action is what made the child a target.

In the end, we have a 504 that focuses on inclusion.

Now, I've followed up with a friend, who sadly went through the same process for their kid a few years ago. No plan for LTFA from SD, done entirely off of their list. But once the plan is obtained, it has been easier for them. Wish I had known about their experience a month ago instead of today.

There is the thought of following up with OCR as obviously the SD is aware of many kids with LTFA and LAMPs. Although just a handful of kids are covered either because of being lucky to have a well trained counselor (different for each school) or the parents pursued, pursued, pursued. From the multiple decisions posted here, schools are responsible for identifying LTFA and following up with a 504, not the parents demanding one. And for the 2012 case at Virginia City--the decision was clear--the SD knew it had multiple kids needing LAMPs and the SD should have done 504s. Here's a timeline for coming into compliance.

*edited for brevity* Basically, here's another program in need of greater allergy awareness. Just thought I would not be facing this in 2013.

[CMdeux]

 

Way to go!!