First 504 Plan -- Need Help!

[allergymomma]

Hi ~ My son has multiple food allergies(10+), environmental and asthma. He has not started the school year (which started a week ago), as a 504 Plan and accommodations have not yet been implemented. The school has his food allergy action plan, asthma action plan, epi pens, Benadryl, inhaler and nebulizer meds. Also, a Medical Statement from the Allergist was submitted stating no allergens can be in the classroom. I requested a 504 Plan meeting and was granted one. It was a two hour meeting that turned a little chaotic and was very unproductive. I was then forwarded to the District 504 Coordinator. He asked if the school physician could review my sons plans and forms, which I said yes. The doctor did and I have not idea what came of that. Also, I have no follow up meeting. The District 504 Coordinator then called and said he has to speak with the District Superintendent. Today, the District 504 Coordinator called and offered home bound instruction (which I have yet to accept) until this is resolved, as they have to consider the other students also. It was later determined in the day that the 504 Coordinator was going to observe the classroom and then have a meeting with the teacher, nurse and principal. They would draft a 504 and then schedule a meeting that includes my husband and I, at which time we can agree or disagree to things. Also, I am being told it my not be possible to move snack out of the classroom. Is this typically how this process works? Also, can they go against the Allergist's Medical Statement? Please advise.

[twinturbo]

That's incorrect that the other students are pitted against the student in need of accommodations. Regulations state that the school has the responsibility to deliver FAPE to each child in the least restrictive environment equal to non-disabled peers. The accommodations must not cause undue burden or change the fundamental nature. I read over 10 known allergens that I am assuming are not just test results but true known allergens, and that you are requesting an allergen free classroom. I take it that moving lunch and snack outside the classroom is how that will be accomplished and that it one of the accommodations the school is balking at.

Are there other accommodations they are resisting that you would be able to post? As long as it's not identifying otherwise don't post it. We can work around that.

Did they grant the student (your child) eligibility in writing yet?

[allergymomma]

Play Doh and Pasta used in the lessons. No, nothing is in writing everything is through phone calls.

[twinturbo]

There's the first one, then--eligibility in writing. Accommodations come after securing eligibility. It won't make things... more friendly or fun but it will begin an orderly process that sets the rest in motion. The letter from the allergist at this point should recommend eligibility and accommodations that parents are experts on for child.

This thread will have most of what you need. It includes links to key documents.

[Macabre]

My son's first 504--in elementary school--included that no food is consumed in his classroom.  That meant that they went to the cafeteria to for snack and for parties. 

You should have a list of things that you want in the 504, too.  This is about creating something together than protects your son and gives him access to FAPE.  We didn't always get everything we wanted, but we discussed it--and frankly we got most of it and over the years were able to tweak things. 

[allergymomma]

We submitted a Medical Statement stating no allergens in classroom.
They seem set on having food in the classroom with snack and celebrations.
Can the school do this?

[Macabre]

Yes.

But if food in the classroom prevents your child from having a free and appropriate public education in the least restrictive environment and they refuse not to have it, then you could have a complaint to file with OCR. However, if you go that route it is not likely to be a quick process.

But first things first: get the 504 designation. Then you work on accommodations. Now, it could be two parts of the same meeting--first part a 504 eligibility meeting and after that is established move onto an accommodations meeting. But you get the 504. And then you talk about accommodations.

You are wise to be prepared though, and you seem to have already tried to get your ducks in a row for that discussion.

You've created a list if accommodations you think are important, right?  Including an allergen free room?  You've got your documentation for that. Great.

Once you are discussing that offer that other elementary schools have kept the classroom allergy free by going to the cafeteria for snack.

If they don't budge, you don't have to sign the 504.

--------

My personal thought: if all 10+ allergies have reaction history then it's easier to make the case. I have reaction history in the document where I made the case for a 504 (and each member of the committee had that a week in advance). If some are based on reaction history and some are just based on skin prick tests, I would worry about the ones that have reaction history.

[CMdeux]

What you can do TODAY:

a) summarize, in writing, EVERY thing that has transpired that you have direct knowledge of.  Send that to all parties quoted in that document, and ask for any "corrections or additions, if I have misunderstood anything."  That's called a Letter of Understanding, and it's a VERY useful tool for dealing with educational persons of the weaseling and shapshifting persuasion.  {ahem}

b) Pleasantly call/go into the district office and insist that you be given a copy of PROCEDURAL SAFEGUARDS.  Now.  NO, really-- you'll wait.   

c) call OCR for technical advice.  Explain that your school is refusing you due process. 

d) call 504 director back and recommend that S/HE also "call OCR for technical advice.  I'm concerned that the district may be inadvertently running afoul of the law.  I know that none of us want that."   





They are yanking your chain.

"Other children" unless those children are also entitled to FAPE in a LRE (by virtue of being eligible for IEP/504) is a completely irrelevant issue here.

Other children are NOT "entitled" to much of anything here relative to your son's right to a safe and inclusive educational setting.  So yeah-- birthday cupcakes versus your child's need to have a safe classroom?  Legally, this is laughable.

That's why they are trying to keep everything off the record.  They are trying to keep your son from qualifying under section 504-- without leaving any record that you ever wanted evaluation. 

[allergymomma]

Is anybody willing to share a copy of their 504 plan with me, with personal info redacted of course. I would like to confirm I am on the right path, as I have never seen one, let alone draft one. Thanks!

[Macabre]

What age?

[twinturbo]

I had one in my inbox before I flushed all my messages. There is a standard outline on an advocacy page.

Section 504 Plan Outline

[ajasfolks2]

One thing to remember about some of the "older" 504 plans -- they had provisions included whereby the FAMILY would accommodate the food use (supplying "safe" treats . . . bringing own food for every bleeping party) RATHER than the newer practice (MANY schools nationwide) of excluding the food (zero bday party food and little-to-non party food . . . zero rewards/treats/manipulatives being food).

There is growing acceptance that the FOOD is the barrier to access.  Remove the food, include the child.

The "safe" treats and family-supplying-food scenario gives the school an EXCUSE to exclude.

Just something to think about.

Didn't check to see if TwinTurbo's link included the older way or the newer . . . um, more progressive, way.   

[twinturbo]

I didn't check at all on that outline so double dose on what ajas wrote. FAS peer reviews and fact-checking FTW.

[allergymomma]

It is for PreK4, which is offered in our school district. I just need to make sure I am on the right track with the wording of the requested accommodations, I feel like what the school proposed is a little vague.