UPDATE Please help with 504, the school bus and a very stubborn district

[Macabre]

You are rocking this.

I would go through the process with the attorney. If the school still fails, then maybe file with OCR, but go through this process first.

In the meantime, I would find out how your OCR has ruled in food allergy cases. I will tell you that regional offices some are notoriously better than others. For instance, when we were looking to move a couple of years ago, DH was contacted by an org in Missouri for an interview. I said NO WAY--based on several members' experiences with schools and FAs in that state--and two members' dealings with that OCR.

Living in Virginia, I had a pretty high confidence in that OCR, based on their rulings and in one of my two conversations (the other one not so much).

I think it's good to have a. Idea of the lay of the land with your OCR. Not that if you were in Missouri (or a place where they had not made rulings in favor of the FA complainant) you would avoid filing a complaint. but to know what you've got.

[daisy madness]

I never even thought about what would happen if OCR ruled against us.  Very good point.  Our attorney does have trial experience, but is trying to resolve things quietly right now.  She actually suggested that we wait to hear back from the superintendent before having her send a letter since it may be unnecessary, but I felt that I had mentioned the attorney to the district and I needed to follow through.  I'm not one to make idle threats and I want them to know that.  We're 1 month into Kindergarten here.  If I don't show the district that I mean business, they're likely to walk all over me for the next 12 years.  She exclusively practices special ed law with a focus on FA.  She ended up with this focus because she has a child with severe allergies and struggled with her school district.  She also is the founder of a FA support group.  She really, truly gets it. 

Macabre - we're not Missouri or VA.  I will dig a bit and see if I can find more info about our local OCR.  I sent you a message with the office.

[daisy madness]

I just struck gold.  I found an Administrative Law decision in our state against a school district for the exact same thing.  The judge ordered the district to put an aide on the bus.  Too bad I hadn't found that in time to include with my certified letter.  But at least I know now.  It would require a due process hearing to get a ruling that way, though. 

[daisy madness]

My son came home from school today with candy in his backpack that he is allergic to.  It was given to him at his class party.  I'm a room mom and was at the party, but I left early to attend my daughter's parade.  I just sent an email to the principal stating that if he had taken the bus, he could have eaten that candy on the bus, causing a life threatening reaction.  I don't think this was the fault of his teacher.  The room moms had a number of things to give out to the kids.  The room moms were told by his teacher that any treats given out either in the classroom or to be taken home must be non-food items only.  Some of the parents who attended the party brought in items to give out.  I think this is what happened with the candy.  His teacher has been EXCELLENT with his allergies....I really hope this doesn't alienate her.  I know she would have never given him candy.  I think it was handed out with the other treat bags and she didn't notice.  The party was pretty chaotic with many parents there.  But, had he not been given the candy and all the rest of the kids were given candy, that would have been upsetting too. 

Documented. 

[ajasfolks2]

Most importantly, SOOOOO glad he is safe and sound.

Hang in there!   

[Macabre]

Oh my goodness. 

Is this kind of thing (bus aside) covered in the 504 plan they developed?  That has yet to be signed?

About that--while the bus thing has yet to be resolved, I wonder if there is such a thing as provisionally signing the 504--maybe noting that you have also requested the district provide a bus aide. That way very thing else is in place for your kiddo.

[daisy madness]

Oh my goodness. 

Is this kind of thing (bus aside) covered in the 504 plan they developed?  That has yet to be signed?

About that--while the bus thing has yet to be resolved, I wonder if there is such a thing as provisionally signing the 504--maybe noting that you have also requested the district provide a bus aide. That way very thing else is in place for your kiddo.

Yes, it's specifically stated in his 504 that all celebration treats will be non food items only.  As per the principal, my signature on the 504 isn't necessary to make it binding for the district. I had asked him in passing about signing it while continuing to disagree about transportation.

There aren't any signatures on it, at least not on the one they sent home for me to sign. Nor are there any names. The copy of the one from the 504 file that I had asked for doesn't have any signatures either.

[twinturbo]

Liability for transportation costs. Unsure of application. Found looking for other things. http://www.leagle.com/decision/19986392FSupp2d637_1558 The decision did find for a failure to deliver FAPE and held local BOE responsible for transportation costs.

[daisy madness]

Thanks for the link.