Restrictive 504 Vs. regular 504

[ninjaroll]

Macabre has a template in the forum up north of this - take a look at it. I've had time to turn over in my mind what qualities made it so effective. When you look at it pay attention to it laying out timeline and facts in well-written, eyesight friendly format. Start there, sit tight, let the ladies come in to offer some BTDT advice and I'll come back around later with a suggested document list for submission.

[CMdeux]

^ what she said.

I'd also follow up by "correcting" their erroneous belief that you were "invited" to the 504 meeting, since it's clear that you weren't-- not really.

Letter of Understanding:

Dear School-person,

Thank you for your clarification communication dated {date}.  I was confused about two points in that communication, however:

1.  The letter that we recieved inviting us to {child's full name}'s 504 meeting indicated a day for this meeting, but the space for the time was not filled in.  I requested clarification from {person} via {method of communication} and was told that we {parents} were not intended to be in attendance, and that

2. the purpose of the meeting on {date} was to establish eligibility and to gather facts, as per {communication method, individual, date/time}. 

We were surprised to receive a draft of a 504 plan for {childname} which was evidently drafted during this meeting, in light of those statements.  We feel strongly that our input as experts in the management of our child's life threatening allergy is a crucial source of information for the 504 team.  We would like to help craft a 504 plan which should better meet {childname}'s individual needs.   The document that we have is not adequately detailed, nor does it reflect an understanding of our child's individual needs.

Please let me know if I have misunderstood any of the above in your previous communications.

We would like to schedule a meeting to craft a working 504 plan for {childname} at the earliest opportunity.  Please contact me by {date} so that we can set up a meeting.

Thank you,

Ms. Why-yes-I-AM-going-to-have-to-insist-that-you-not-stiff-arm-us.

Something like that.

[Macabre]

Be polite, look "reasonable" though we will not be using the term reasonable. Ever.

lol. Word. 

[Sunnymom]

You guys ROCK!!!  Yes, we will digest and pour over everything we can this weekend.  And I love the draft letter.  Great ideas!!

[Macabre]

Maybe edit your name out of your first post. 

I'll post some this weekend on topic.  But you're getting great advice here. 

[lakeswimr]

Meanwhile, you should print out copies of sample 504 plans.  You can find some here and there are some elsewhere on the webs as well.  Read a bunch and decide what YOU want in your child's plan and write a draft of what you want to present to them.  I would also recommend getting a letter from your allergist or pediatrician supporting the requested accommodations.   

[CMdeux]

 


Think about how your child moves through his school day-- walk through it mentally, minute by minute, transition by transition-- and recognize hazards that YOU know about-- but which school staffers may not.

That's where "individual" risk reduction comes into play, and it's why YOU are the expert on your child, and have to have a seat at the table when crafting a 504 plan.

No two children are alike-- and even with identical allergies, their 504 plans won't be, either.   



I'll also say that the one-size-fits-most "parents will provide a box of safe treats" accommodation is one of those that I alluded to in my first post in this thread.  I'm not (at all) saying that parents who CHOOSE to do this are wrong to do it.  They aren't-- as long as they are doing it because it is what works best for them and their child under the conditions they live with.

On the other hand, there are reasons to consider whether or not you WANT to do that.

1.  If they already see a need for it, it's likely that your child is going to be excluded from food-related stuff in the classroom.  They are planning to do it.  Separate may be safe-- but is it a thing that your child is going to tolerate week after week, while his classmates eat over-the-top bakery (and home-made) goodies a few times a week and your child grabs something prepackaged from a box?

2.  Who will have access to the safe snacks?  I don't want to scare you off of this if it works for you, but over the years, I've seen parents report both school staffers RAIDING the box and then "replacing" (well, kinda) what they've filched, often without much consideration for allergen safety, and of teachers who don't offer treats because the child doesn't ask (or doesn't ask assertively enough).

3.  Why do YOU have to bear the cost of an accommodation?  What is it that you're "accommodating" here, anyway?  Is it educational?  social?  or something else?  What if the cost was a burden to you?

I'm really, really uncomfortable with the fact that your school PRESUMED that you'd do this.  It'd be one thing if they had done so after you offered to do it, in that meeting that you were ""invited"" to attend-- but that isn't what happened.

So I think I might ask (gently, at first) if they hold secret 504 meetings for all of the children with disabilities, and in those secret meetings, do they figure out what the PARENTS of those children will need to do in order for their kids to have equal access to their educational programs?  I think that they don't.  Which means that they still aren't taking your child's allergy seriously as a 504-qualifying condition.  Not really.

[ninjaroll]

Going to pick up where the others left off. When the A-Team does form here it's a little scary how in synch we are. Assisting the school with compliance is what's up. We're not going to get mad we're going to get really, really helpful.

Sunny, here are some templates. I will collapse them for readability, and I will eventually write a short bullet point summary. Finding them is a little tricky as I am no Jedi Master Links.

1. Evaluation request
[spoiler]
<Principal'sName>, Principal
<ESName> Elementary School
<Street>
<City,State Zip>

Dear Mr. <Principal>,

We, the parents of <DS full name>, hereby request that he be evaluated for eligibility under Section 504 of the Rehabilitation Act of 1973. Please call us at <my cell> or <my direct work line> to schedule this meeting as soon as is practical. We expect to be in attendance.

So that we may assist the other members of the evaluation team, we also request that any forms or documents pertaining to our district or Commonwealth's evaluation/implementation of individual Section 504 plans be forwarded to us:

<Our street>
<City,State zip>

We appreciate your prompt attention to these matters and look forward to meeting with the evaluation team.

Sincerely,


<Me> and <DH> [/spoiler]

2. Medical attestation for 504, aka FAS Gold Standard letter. This might not work well if child has no history of anaphylaxis.
[spoiler](DATE)

To Whom It May Concern:

  I have been asked by <child>'s parents to provide medical information regarding <child>'s allergies.  I understand that you need specific and current information that will be used to determine whether or not <child> meets the criteria for disability under Section 504 of the Rehabilitation Act of 1973 (ADA and ADAA of 2008).  I believe that <child> qualifies for this designation based upon his diagnosis and clinical history of life-threatening (anaphylactic) food allergy.

Anaphylaxis is defined as a systemic allergic reaction which may cause death or permanent disability.  At least 150 people die each year in the United States due to anaphylactic reactions to foods, most commonly to peanuts.  Below, I briefly describe the body systems affected during anaphylaxis:

Systems and Symptoms:

Skin and subcutaneous tissues: flushing, mouth itching and swelling of the lips, tongue, or mouth, and/or hives.

Gastrointestinal system: nausea, abdominal cramps, vomiting and diarrhea (if severe, can cause intravascular volume depletion and shock).

Respiratory system: sense of tightness/itching in the throat, hoarseness due to edema of the larynx (may close the airway), hacking cough, shortness of breath, and/or wheezing.

Cardiovascular system: "thready" pulse, decreased cardiac function, decrease in blood pressure which may lead to dizziness, loss of consciousness, shock, and possible cardiac arrest.

<child> has required emergent medical care for anaphylaxis on more than one occasion.  He has a history of rapidly progressing anaphylaxis involving the skin, respiratory, and cardiovascular systems.  Due to this reaction history <child> is at elevated risk for fatal anaphylaxis.

<child> was diagnosed with life-threatening food allergies at <age>, following emergency medical care for (allergen)-induced anaphylaxis. <Child> has a clinical history of reactivity to ingestion of microscopic quantities of allergens, and contact with allergens. Possible anaphylaxis symptoms must be treated as a medical emergency.

For the purposes of a Section 504 designation, I attest that <child>'s medical condition substantially and significantly affects the life functions of caring for herself, normal immune function, and eating.  Anaphylaxis can, when active, also substantially and significantly limit the life functions of breathing, talking, walking, normal cardiovascular function, thinking and performing manual tasks, among others.

There is no cure for food anaphylaxis.  Unlike other allergies for which treatment options include medications or immunotherapy (allergy shots), presently all such treatments for food allergy are considered investigational and high-risk.  There is no such approved treatment or device that can act as a mitigating measure for those who are anaphylactic to foods.  Regular maintenance medications do not eliminate the need to practice avoidance, nor does epinephrine or any other rescue medication or device necessarily resolve anaphylaxis or eliminate the need to seek additional emergent care.  Death or permanent disability is a possible outcome any time anaphylaxis is triggered.  Peanut is of particular concern since triggering doses may be very small and too variable to be reliably determined for an individual.  Therefore, total avoidance of allergenic foods is imperative.

Avoidance of all contact with food allergens (allergens here) is the only way to avoid a potentially life-threatening allergic reaction.  Such avoidance is a highly complex task requiring excellent judgment and social skills, particularly when needs place a person in conflict with a peer group.  This is difficult for adolescents, whose executive skills are not yet mature and who may take unacceptably large risks or even hide/dismiss emergent symptoms in order to gain social acceptance with peers.   Adolescents must be strongly encouraged to advocate assertively for their needs as appropriate and guided toward good management decisions as they assume the responsibility for their food allergies.

Successful avoidance requires a comprehensive written accommodation plan in consultation with the patient, parents, and physician.    I consider <child>'s parents; <parent>, and <parent>, to be knowledgeable about the successful management of their son's medical condition.

Sincerely,

Awesome Person, M.D.
{additional fancy qualifications as s/he sees fit}
[/spoiler]

3. Letter requesting 504 team meeting with proper procedure and preparation. Hold on to that other 504, scan and store unaltered.

[spoiler]Dr. S <District 504 (or ADA, student services) Coordinator>
Director of Student Instructional Resources
X School District
1234 X Road
X, State 12345


(father)
(mother)
<address line 1>
<City, State 12345>

May 2, 2015

Dear Dr. S ,

As you are aware, we have requested that our child, <child name>, receive protection under Section 504. <child's.�s life-threatening food allergies and asthma substantially affect the major life activities of eating, breathing, and caring for one's self. As you requested, we have contacted <child's>�s allergist, Dr. Z, to obtain a current letter reaffirming his diagnosis. I will forward his letter to you upon receipt.

The 504 eligibility meeting is scheduled for 3:00 p.m. on May 28, 2015 at X School. Would you kindly:

1. Confirm this meeting, along with a confirmation of those who will be attending and their title?
2. Inform us as to who will be leading this meeting?
3. Provide us with any forms and procedural information that X School District uses in determining 504 eligibility so that we may become familiar with this paperwork prior to this meeting?

Lastly, we have enclosed specific Federal and State documents (tabbed or noted with highlights for your convenience) that we request you provide to each member of the 504 eligibility team:

1. Title 34 Section 504 of the Rehabilitation Act of 1973 (Title 34, Subtitle B, Chapter 1, part 104) in entirety. Source: U.S. Department of Education and the Office for Civil Rights, http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html#S3
2. Office for Civil Rights statement recognizing allergy as a �hidden disability�. Source: U.S. Department of Education, http://www.ed.gov/about/offices/list/ocr/docs/hq5269.html
3. U.S.D.A. handbook, �Accommodating Children with Special Dietary Needs in the School Nutrition Programs�. Source: U.S. Department of Agriculture, http://64.233.167.104/search?q=cache:kYbXht43T2oJ:http://www.fns.usda.gov/cnd/Guidance/special_dietary_needs.pdf+Accommodating+Children+with+Special+Dietary+Needs+in+the+School+Nutrition+Programs&hl=en&ct=clnk&cd=1&gl=us&client=safari
4. STUDENT ACCESS handbook, Section 504 of the Rehabilitation Act of 1973, January 1993. Source: Missouri Department of Elementary and Secondary Education (Robert E. Bartman, Commissioner of Education) http://64.233.167.104/search?q=cache:v574nEwj98oJ:dese.mo.gov/divspeced/Compliance/Guidance/STUDENT_ACCESS.pdf+Student+Access+Missouri+Department+of+Elementary+and+Secondary+Education+Secgtion+504&hl=en&ct=clnk&cd=1&gl=us&client=safari


Thank you very much. We look forward to hearing from you.

Sincerely,


<Parent>


Enc.: 4

cc: Dr. X, X Middle School Principal
Dr. Y, X <Elementary> School Principal
Dr. Z <our allergist>
[/spoiler]

4. The NSBA-CDC guide to develop LTFA 504 plans http://www.nsba.org/sites/default/files/reports/Safe-at-School-and-Ready-to-Learn.pdf

Mention in your letter to convene the team with all the other supporting documentation, that you'd like to use the National School Board Association and CDC's jointly published food allergy guideline for developing 504 plans designed to meet the individual needs of the student, now that eligibility is confirmed (via the first offer of 504).

[ninjaroll]

So I think I might ask (gently, at first) if they hold secret 504 meetings for all of the children with disabilities, and in those secret meetings, do they figure out what the PARENTS of those children will need to do in order for their kids to have equal access to their educational programs?  I think that they don't.  Which means that they still aren't taking your child's allergy seriously as a 504-qualifying condition.  Not really.

I've excised this to call it out because it's something specific to our flavor of advocacy in LTFA that we all should know. Not because there's anything I'm contesting it's only meant in the course of group conversation as a follow up.

504 was built independently of the IDEA, it's a civil rights law most like ADA. We all know that so moving forward...

From the regulatory standpoint I've oft wondered why doesn't 504 have the same robust safeguards for parental rights as IDEA? Why is there so much variance nationwide when this is federal? There are key differences that can ultimately catch even a wary, experienced parent advocate off guard if not aware that 504 was meant to provide flexibility from the regulatory standpoint.

Federal is the minimum, state is allowed to enhance by statute, city by ordinance and school district by policy. I believe when the regulatory authority interpreted the federal law they did not envision abuse of flexibility construed in such a way to be a tool of exclusion or eroding parental rights.

504, at a minimum, does not provide the parental right of participation or consent for evaluation or implementation - not at its federal regulatory core. Nor does it mandate a school to put the plan in writing.

Which leads us to generally accepted and practiced accordance. Law tends to be lazy and not like the novel, therefore most courts have generally (to my knowledge) accorded IDEA-like interpretations for parental rights and safeguards for 504. That makes it sort of an official unofficial general practice and expectation...

... leading us all to what our exhaustion of remedies are, and how regulatory authorities can enforce compliance.



Though schools are not technically required to invite parental participation, include them on the team, or provide a written plan, as a civil rights law that flexibility was designed to allow schools to ensure civil rights compliance, not at all to use it as a tool to exclude parents as a measure to disrupt or reduce the qualifying student's access.

This may start looking like, "We don't have to invite you." No, but as you are encouraged to do so, I am asserting in a documented manner that I wish to be part of this process, understand my rights as well as your policies, and that I have relevant resources and key input that would assist the school in fulfilling its signed Assurance of Nondiscrimination in order to remain qualified as a recipient of federal financial assistance.

That 504 sent home with no accommodations or modifications was nothing more than the school's self-centered effort to protect itself from an OCR investigation.  Again, something we all know yet must be aware of when we move through advocacy (all the steps prior to complaint process for administrative relief, or in some cases litigation) how an investigator may look at the table of checks and balances.

2015 and beyond we're facing more of a monolith, organized public school system that might have the most constrained budget ever with emphasis on testing and performance for revenues. The level of coordination nationally through school board organizations has not yet been matched by parent advocates, and there is a growing pitiless, remorseless backlash against parent advocacy.

For reference on Wrightslaw: http://www.wrightslaw.com/howey/504.idea.htm

Unlike IDEA, Section 504 and ADA do not ensure that a child with a disability will receive an individualized educational program that is designed to meet the child's unique needs and provide the child with educational benefit, so the child will be prepared for "for further education, employment and independent living." (See 20 USC 1400(d)) - See more at: http://www.wrightslaw.com/info/sec504.summ.rights.htm#sthash.8VwF7iFw.dpuf

In this article, you learned that Section 504 of the Rehabilitation Act and the Americans with Disabilities Act are responsible for accommodations and modifications in testing situations and programs, and improved building accessibility. You learned that these statutes do not require public schools to provide an educational program that is individualized to meet the unique needs of a child with the goal of enabling the child to become independent and self- sufficient. You learned that the child with a Section 504 plan does not have the protections available to the child who has an IEP under the IDEA. - See more at: http://www.wrightslaw.com/info/sec504.summ.rights.htm#sthash.8VwF7iFw.dpuf

[ninjaroll]

If not unique, then what? Individual.

4. What services are available for students with disabilities under Section 504?

Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.

With respect to OP, and any other cookie cutter 504 plan that is essentially an IHP with a superficial 504 decal: it does not address individualized needs.

unique needs = IDEA
individualized needs = 504

The basis of all the letter writing, providing documents is to argue successfully that the student's individualized needs in crafting a 504 cannot be met without the physician-endorsed parents as a resource in management.

[ajasfolks2]

In light of what the school granted (   ) the student as to actual 504 vs that magical term the nurse used as to "restrictive 504" I think we all have a pretty good sense of things for your situation . . .

Become an expert in documenting.   

DOCUMENTING  (cya) 

[daisy madness]

I've been following this thread with interest, having been through similar school district antics.  Be aware of what I call the "non-accommodation plan." 

They gave him two accommodations.  Two.  One was verbal notice to the parents a week before any food event. The other is that we will provide a snack for any unscheduled food event. ?

These accommodations conflict with each other, so where is the protection for your child?  In the first one, they're saying they'll give you notice of any food events, and in the second, they're covering themselves for any food events for which you haven't gotten notice.  If prior notice is necessary for your child to have equal, safe access to his education, then the second accommodation has no business being there.  And with the way things are going already for you, I wouldn't accept any verbal notice of anything, ever.  Written notice only, and hold them to it. 

My son's 504 has these types of sneaky non-accommodations, which I'm hoping to weed out at our next meeting.  Example:  teacher will encourage children to wash their hands.  Ok.  So will the children actually be washing their hands?  They weren't at all until I had to send several emails calling them out on it to get them to actually enforce the hand washing.  Since it sounds like your son has been in this school for a few years, you likely have a handle on what he needs throughout the day and any pitfalls that are to be expected with your district (sounds like a food-centered place if they're making accommodations for unplanned food events). 

Also, please send that letter above stating that you were not invited to the meeting and ask for another one.  You want all this to be very well documented.  I'm not sure which OCR region you are in, but you may be headed towards a complaint.  OCR effectiveness varies region to region. 

Also, I strongly suggest that you record that meeting.  To do this, you'll need to send written notice ahead of time stating that you intend to audio record the meeting and that the district is welcome to record as well.  They might deny this request, but in our state, districts are required to allow parents to record IEP meetings, so they didn't give me a hard time about recording the 504 meeting.

Please keep us posted.