504 Plan and PTA Parties - Help Needed

[anewdawnn]

Hi everyone,

I am new here and need some help.  My son has a very basic 504 Plan in place at his school.  They have been pretty accommodating to my requests so far, but I'll be honest, I haven't asked for that much.  I do require that I am present on all field trips (K trip went to a farm that grew peanuts but no one knew about it, couldn't find the nurse on the trip she was off exploring the farm - bad experience so I make sure that I have the ability to go on all future trips) Parents are usually picked out of a hat for trips and I wanted to make sure that I always had the option to go if needed.

Usually, I am a PTA member and have been the room mom in charge since 1st grade so I can control the snacks brought in for parties, etc.  This year, I had to resign from my PTA position as I didn't like where they were going and it was full of too much drama.  I don't think my resignation went over that well and this year I conveniently wasn't picked for home room mom.  Now this poses a problem for me.  The woman they picked (PTA buddy) I know from experience doesn't really check labels and will be really relaxed about the whole thing.  I called the school and spoke with the Vice Principal who at my request added to his 504 plan that I must be present at all parties/events where food is brought in. I also got a note from my doctor stating such. 

My question is the PTA, I've already heard comments coming from the PTA that if you are not a member you can't attend any events thrown by the PTA including parties.  I'm afraid that they will try to say since I am not a member, I can't come to the parties.  But if it's is in 504 plan that I must be there, can they do that?  Does anyone have any experience with that?  Can they tell me no?

I've got some great tips on here that I want added too like requesting any food/snacks/candy be brought in 48 hours ahead of time so I can check labels, etc.  It was easy when I had control of this because I could request specific items for my son and the other allergic kids in the class but no I have no say.  I plan on meeting with the school to have these points added in as well.   Any help you can give would be appreciated. 

I am trying to avoid joining the PTA, I don't believe in what they are doing (a lot of member have quit/dropped out).

Marie

[MandCmama]

I have it in my child's 504 that my husband or myself be present at all parties. We belong to the PTA, but again not everyone is able to attend every party, so it rotates. I verified with the principal that I do not count in the # for PTA moms.

Now that I'm writing this, I hope I don't have any issues this year- the principal who developed the 504 with us passed away recently. But no- it's in the 504...  They have to allow it.

[yelloww]

The PTA has to follow the 504 for your child and any other children who have them. PTA events are approved by the school, therefore the events are a school sanctioned event.

Also, you don't negotiate accommodations for PTA events- the PTA should be working with the nurse/504 rep to stay in compliance with the 504. It isn't your job to negotiate food with parents or outside organizations. That's part of why you have a 504- it removes you from having to negotiate with these people. Just be firm about it and start repeating it to yourself now and often for when they ambush you. They have to go through the school for accommodations.

[twinturbo]

Here's one OCR investigation and ruling (Letter of Findings) regarding PTA sponsored events.

Irvine Unified School District, 19 IDELR 883 (OCR 1993) "Sigificant Assistance" would be our friend here.

Inasmuch as the Club is not a program of the District, but is operated by a private organization, the PTA, the District does not have a direct obligation to provide the service itself under Section 504 or Title II. The program operator, the PTA of Orange County, therefore is not a recipient of Federal financial assistance and is not a public entity. OCR has no jurisdiction over the PTA. However, the regulations implementing Section 504 and Title II prohibit the District from providing significant assistance to any agency, organization or person that discriminates on the basis of disability. OCR therefore explored whether the District was providing significant assistance to the PTA and if so, whether the failure of the Club to provide the services discriminated against A.

Significant Assistance

Departmental interpretations of 34 C.F.R. ? 104.4(b)(1)(v) indicate that the following considerations should be examined to determine whether a recipient is providing "significant assistance" to a private group: (1) direct financial support; (2) indirect financial support; (3) provision of tangible resources such as staff and materials; (4) intangible benefits such as the lending of recognition and approval; (5) the selectivity of the recipient's provision of privileges and resources; and (6) whether the relationship is occasional and temporary or permanent and long-term. OCR examined to what extent these factors were present in the relationship between the District and the PTA Club program.

The District does not fund or subsidize any of the program's staff, and District staff do not appear to play a formal role in the operation of the program. The teachers involved are not paid for their participation in the Club by the District but rather by the organization. OCR found no direct provision of financial or staffing resources.

However, OCR did find evidence of significant indirect assistance. Based on a review of District documents and interviews with PTA and District personnel, OCR found that the Club program is located in permanent school buildings. It is not disputed that the program is housed on a District site on a permanent and long-term basis. A copy of the "Application and Permit for Use of School Facilities" shows that the provider uses "playing fields and classrooms" at the College Park Elementary School site.

The facilities-use form shows that the District has not charged the PTA a fee for the use of the facilities at the School. The PTA acknowledges that it does not pay a facilities-use fee to the District. In addition the District pays the utility and maintenance costs.

Additionally, the PTA advertises its program to parents by furnishing leaflets to students at the school site; the students then distribute them to parents. The College Park Press, a school newsletter advertises the Sunshine Club program. While the District does not operate the Club program, the Club program is closely identified with the District and benefits from that identification.

OCR finds that the District provides significant assistance to the PTA Sunshine Club program at the College Park Elementary School. The District has a substantial relationship with the program. While the District does not provide direct financial support or staff, it provides indirect financial support as well as assistance to the programs in a number of other ways. The facts meet the standards for finding significant assistance.

A refresher on the definitions of recipient and Federal financial assistance.

(f) Recipient means any state or its political subdivision, any instrumentality of a state or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance is extended directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance.

(g) Applicant for assistance means one who submits an application, request, or plan required to be approved by a Department official or by a recipient as a condition to becoming a recipient.

(h) Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the Department provides or otherwise makes available assistance in the form of:

(1) Funds;

(2) Services of Federal personnel; or

(3) Real and personal property or any interest in or use of such property, including:

(i) Transfers or leases of such property for less than fair market value or for reduced consideration; and

(ii) Proceeds from a subsequent transfer or lease of such property if the Federal share of its fair market value is not returned to the Federal Government.

(i) Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property or interest in such property.

Here we go. 34 C.F.R. Part 104.4(b)(1)(v) that the case refers to, in bold.

104.4 Discrimination prohibited.

(a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activitiy which receives Federal financial assistance.

(b) Discriminatory actions prohibited. (1) A recipient, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap:

(i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service;

(ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;

(iii) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective as that provided to others;

(iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons unless such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effective as those provided to others;

(v) Aid or perpetuate discrimination against a qualified handicapped person by providing significant assistance to an agency, organization, or person that discriminates on the basis of handicap in providing any aid, benefit, or service to beneficiaries of the recipients program or activity;

[Marie]

Thank you all for your help!!

[Stinky10]

great thread!