2009 OCR RULING - REGARDED AS WITH FOOD ALLERGY!!

[AdminCM]

HELPFUL MARCH 2009 OCR RULING - REGARDED AS WITH FOOD ALLERGY: Student REGARDED AS after School Developed Health Plan

[AdminCM]

Posted: 11.06.2009 at 10:58:41       

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I'll put in citations later, but a found numerous cases stating that a school district cannot require parents to waive liability (and presumably also agree to indemnify the school) for administering any medication (e.g. EpiPens) that it is required to do under a 504 Plan.

Strong case for incorporating Allergy Action Plans in the 504 Plan. 

Posted: 11.10.2009 at 06:58:34       

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11.10.2009 at 12:25:40, FunnyDad wrote:

Bethlehem (NY) Central School District, 52 IDELR 169 (OCR March 11, 2009) –finding regarded as discrimination where distr

Here's more of the text. Looks like it got cut off.

Bethlehem (NY) Central School District, 52 IDELR 169 (OCR March 11, 2009) –finding regarded as discrimination where district denied enrollment in culinary arts class to student with food allergies. OCR concluded that, although the district did not qualify the student as 504 disabled, it regarded him as such when it developed a health plan to address allergies. OCR also appears to treat the health plan as a mitigating measure.

Did a formal FOIA request to obtain full document.


Posted: 11.10.2009 at 07:10:53       

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The presentation in whole is quite interesting:

http://www.mo-case.org/fileadmin/mocase/home/2009_Conference_Handouts/Monday_2_45-4_00_Sessions/Sped_Conf__504_-_September_2009.pdf

There are other cases sighted and methodologies to get around them.




Posted: 11.10.2009 at 10:15:00       

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Thank you!!! This is wonderful!


Quote:

although the district did not qualify the student as 504 disabled, it regarded him as such when it developed a health plan to address allergies. OCR also appears to treat the health plan as a mitigating measure.  



Posted: 11.11.2009 at 05:11:14       

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This is great!

If it walks like a duck (kid has LTFA), and talks like a duck (IHCP), then it IS a duck (504 Plan!). 


Posted: 11.11.2009 at 08:41:29       

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I'm confused about this:

11.10.2009 at 12:25:40, FunnyDad wrote:

OCR also appears to treat the health plan as a mitigating measure.



What do you think this means? 


Posted: 11.12.2009 at 12:48:26       

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I take it to mean that if the school thought the FA's were significant enough to warrant an IHP, than by default they were significant enough to fall under 504.

Or, in other words, if the school thought the FA's were significant enough to warrant an IHP, then denying a 504 contradicted their own decision making.