New here, but need help before meeting with principal

[Carefulmom]

You have gotten lots of great advice here, so I don`t have much to add.  I would work on getting written verification that he has been found to qualify under section 504 before you discuss accomodations any more.  I know that keeping the peanuts out of the classroom is a pressing issue.  However, I would still try to keep it qualification first, accomodations later.  Maybe you can temporarily work something out with the teacher.  Buy a package of brown paper bags and give it to her so that if birthday treats come in they can be passed out in a brown paper bag for each child.  If the child rides the bus, he can eat the treat when he gets home.  In my opinion, they are making the logistics sound much harder than they really are.  It seems to me that they don`t want to work out a solution (operative word "won`t" as opposed to "can`t").  There is no need to pass out birthday treats in the classroom.  There are so many other solutions.  I`d be really worried about getting the classroom contaminated.  Also, I would work in FAPE when they give you a hard time.  It is not about what accomodations are "reasonable".  I believe "reasonable" is the standard used for workplace disability accomodations under the ADA.  However, if your son is in public school and/or a school that receives federal funding, he is entitled to FAPE---Free Appropriate Public Education.  If the classroom is not safe for him or he is asked to leave so that his allergens can be passed out in class, he is being denied access to FAPE.  That phrase may come in handy when you work on accomodations.  But for now, I would just work on getting it in writing that he qualifies for a 504 plan.

Also, I posted recently a letter about disability harassment.  Your child is protected from harassment due to disability.  If the school wants to threaten that there may be repurcussions to your child if the parents cannot bring in cupcakes, I would point out it is the school`s legal responsibilty to address and put a stop to disability harassment.  I will come back and post the link to the letter.  I had to use it with our elementary school, and the harassment stopped immediately.  I would not let them threaten repercussions to your child.  I would try to calmly say, "Well, since he is legally protected from being harassed due to disability, it will be up to the school to keep that from happening."

Also, our school tried to remove accomodations dd had (she is in high school, different situation), claiming that they had consulted with their attorney.  They were removing accomodations that they were not legally allowed to remove.  I guess they didn`t plan on me knowing the law.  Either I know more about disability law than their attorney (just from having a food allergy child; I am not in the legal field) or else they never really consulted with their attorney.  In my situation they sent me a letter saying their attorney said that they can remove a certain accomodation so they are removing it.  I called the Office of Educational Equity Compliance in my state and the Office of Educational Equity Compliance called the school, told them what they were doing was illegal, required an additional 504 meeting with them present.  So if your school says their attorney says blah blah blah, don`t let that intimidate you.  It doesn`t mean that their attorney is correct, or that they even really consulted an attorney.  They may be bluffing, as they probably were in my situation.  Either they were bluffing or the attorney did not know the first thing about disability law.

Keep us posted.  You may want to call Rhonda www.foodallergyadvocate.org  (860) 760-6636 if you really feel you need some hand holding.

ETA:  I would not let them railroad you out of getting it in writing that he qualifies under section 504.  If they try and sidetrack you with well we won`t give a peanut free room or we won`t do handwashing, I would just keep repeating your one sentence that you are requesting written verification of the fact that he is eligible under section 504.  I would just ignore their comments that they won`t do this or that for now.

[Carefulmom]

Here is the link to the letter about disability harassment.  If it happens, they are legally required to address it and put a stop to it.  Otherwise your child is being denied FAPE.
http://ed.gov/about/offices/list/ocr/docs/disabharassltr.html

[LianneV]

So, I can get the eligibility without the accomodations.  I thought that part of the 504 plan was the accomodations and that without them there wasn't any point in getting it.  Ok so once I get the letter from my doctor do I sit down with them again and tell them I will not be discussing specifics, I just want him to be deemed eligible?  How does that process work?

[lakeswimr]

Eligibility and accommodations are separate.  The school's 504 committee will vote on whether or not  your child is eligible or not.  You can use resources you can find here to prove eligibility.  I have a short one pager I used I"d be happy to share with you.  Send me a message and I'll PM it to you.  Others have posted things you can use to prove eligibility. 

Accommodations are usually negotiated.  I would get a letter from your child's allergist or doctor saying she is contact ingestion allergic, has had ana from contact ingestion and it is a risk for her so her classroom should be free of allergens.  This is a fight you may, unfortunately, lose.  It is still worth getting a 504.  504s can be added to and modified and the classficiation will follow her to college so she can qualify for accommodations then, too.  It is good to have.  504 doesn't guarantee a person will have all the accommodations they need, though.  I had an IHCP for DS and no 504 for years and his IHCP was much better as far as accommodations on paper and what the school really did than many with 504s.  Having a good relationship with the school is usually helpful in getting accommodations.  In  your case the school shot the first arrow already and make things bad by changing the plan without notifying you so playing nice may or may not be helpful to you.  You probably have to instead be very insistent, firm, and professional (not emotional as they will write you off for that.)

I'd print out examples of 504 plans from here and from kids with food allergies website, etc and use them to show that what you are requesting is typical and basic.  I'd look at FAAN's website in their school section, too.  You can call FAAN and speak with them.  They have Chris Weiss, their legal expert who gives free advice.  you can also get guidance on how to proceed from a food allergy advocate that you can hire.

You should not sign the 504 until you have finished negotiating the contents of it.  YOu can write up a proposed plan and show it them and go from there.  If they refuse x, y or z I'd put in writing your concerns of what can happen if they don't do X, y, or z.  Maybe a solution is to have all food eaten in the cafeteria.  My son's school does that.

You might look for people concerned about the school wellness plan. There should be a group interested in this.  Our district eliminated cupcakes because ONE mother went to the school board and complained when her child was given 3 treats at one party.  It just took her to get the school board to establish a new wellness plan!  I'd talk to them about how districts around the country are doing away with cupcakes for bdays due to lost instructional time and obesity issues, etc. 

I also like Allergy Moms! website.  Gina there made an ebook and resources and has a 90 min talk you can download.  It costs maybe $20 for the book and 90 talk and its good stuff. 

It will be a work in progress.  You can do this!  Get help if you need it. Sounds like you do and if you can afford to pay for help it could be very, very worth it.  What I would do if I were you is hire an advocate to hear your sitatuion and give you a big picture plan rather than someone to hand hold you through the whole process. If you get stuck in negotiations later you can pay for another consultation at that time.

[yelloww]

Also, is this a public school? Most have wellness plans on file that are tied to some sort of federal funding now...

[ajasfolks2]

Assuming this is public school?

#1 (1. a.)  = go to school district's website and read and print everything there as to their "process" for 504.  From the sounds of things your school has not even appropriately followed the policy & procedure process that they likely publish.  Their policy and procedure is supposed to comply with federal law.

For 504 --
First there is an official request for 504 Eligibility Determination.  Typically this is from the parent, but a staff member or other person may request as well (by law).

The ELIGIBILITY for 504 needs to ber officially determined BEFORE any 504 accommodations are agreed upon and granted (hopefully written plan).



YES -- (#1.b.)  meanwhile get with allergist and get everything POSSIBLE put into writing by allergist on his/her letterhead. 

AND make it plain -- politely but firmly and in writing -- with allergist's office that all correspondence between physician's office and school GOES THROUGH YOU and needs to be in writing.  You are patient/parent and there shouldn't be any attempt by school to cut you out of that or for them to attempt to influence YOUR physician behind your back (we've seen this done a lot here). 

[rainbow]

Agree - do NOT contact media. NOT NOT NOT.

You are doing great. Nurse is on your side and has compassion.  That will be very helpful.  Teacher seems reasonable.

However, you do need a documented 504 Plan with accomodations.

The law is on your side.  Things have evolved over the past few years and this has gotten easier.  The allergy parent that knows the law almost always wins now (ie, gets the 504 Plan). But it can still be stressful going through this.  Just stay calm, keep educating yourself, and be strategic in the meetings.  YES, bring the Nathan Walters information (there is a powerpoint presentation you can find if you google).  Have it available to use in the meeting when appropriate. When they try to say "that would never happen here" say GOOD well that is exactly why we need a detailed 504 Plan so everyone is CLEAR.  Successful LTFA management at school is in 1) PREVENTION and 2) Immediate access to Epipen.  RISK REDUCTION is very, very important. 

If they are refusing a 504, then you start documenting the risky things they are doing.  State you are uncomfortable, that the professional (AAAAI, AAFA etc) recommendations are for NO food in the classroom or if there is food, ONLY food with clear ingredient labels showing the child's allergen is not present.  Even still, ingredient labels often change and must be continually monitored (ie,  I read them at school before my child partakes in the shared food activity -- the process for this is outlined in the 504 Plan).  If they are sharing too much info (ie, "other parents want to bring cupcakes" etc.and blaming the allergy child, you need to remind them that your child's medical information is PRIVATE and protected by FERPA and only staff "needs to know" of your child's LTFA.

Just keep asking us as you get ready for the meeting.

Also print out this from wrightslaw (see the link to actual letter, and the legal commentary):
http://www.wrightslaw.com/blog/?p=58

Also be sure you know the ADA Amendment (2009 I think) which INCLUDES Life Threatening Food Allergies (and Asthma) as conditions covered by ADA and 504.  If you don't have time to read it, just refer to it as "The ADAA in 2009 made it clear that LTFA are covered under ADA and 504.  Why would you not comply with the ADA Law?" 

The ADA Amendment + the OCR Lettter to Gloucester both made it MUCH easier to get a 504 Plan for LTFA.  Schools basically must comply with the law. They do try to "play dumb" but they KNOW. It is just a stall tactic. I caught my Director of Special Ed (504 Compliance Officer) in some lies here...but then the OCR Letter to Gloucester came out and suddenly they complied after stalling for a year.  The more knowledgeable the parent, the quicker it should go becuase this is one they really can't win -- esp when you pull out articles on the recent deaths in schools from LTFA (the one in VA, Nathan Walters, one in Chicago last year, etc).

[LianneV]

Ok I got my letter from DS's doctor, (who it turns out is also the clinical assistant professor of pediatrics for the university of washington!  Never even knew that!)
Amongst other things it explains how DS knows  to avoide peanuts but may come into contact with peanuts, especially at a young age crosscontamination is such a risk and needs an epipen at all times and he is requesting that DS be in a peanut free classroom to ensure his safety. (Maybe they can stop telling me I'm just being emotional now)
So here is my current plan.  I will go to the school district meeting tomorrow and talk to them (armed with my letter) and talk to the 2 people calling me back tomorrow and wednesday from ospi and the education ombudsman so I get all the info I can. In the meantime, I will set up my second meeting to happen after that so maybe thurs or friday.  With any luck, the district office lady will be on my side and if not, I will go with my letter and request that his 504 eligibility be ascertained.  When I call to schedule the appt with the principal, do I tell her on the phone that I want it to be a 504 eligibility hearing and that I want a 504 team assembled?  Can I request the school nurse be there as well as teh district nurse?  I don't want to get her in trouble by agreeing with me, but it'd be nice to have her there.  Who else is usually there?  I know the principal didn't take anything into consideration when I asked about the accomodation.  I didn't have a letter, she didn't have anyone but the nurse there and just flat out said no without any discusssions that I know of.
Having read the OCR letter, I will now bring that up and tell them once the 504 eligibility has been established, if they are not willing to make it peanut free, I will go to the OCR and ask for an investigation at the school to look into discrimination against my son by not abiding by the FAPE rules (silly question, it's pronounced  Fape as in cape right? I just want to make sure I look like I know what I'm doing) I will also bring up Nathan Walters.  Am I allowed to bring in a tape recorder to record the meeting?
Am I missing anything?

[Carefulmom]

I would take it one step at a time.  I think you need a 504 for him no matter who is or is not on your side.  I would request the 504, whether or not the district office lady is on your side.  They can promise you whatever you want verbally, but without a 504 plan, it is meaningless.  They don`t have to follow it, can say they never agreed to certain accomodations, can say the conversation never happened, etc., etc.  I would get the 504 designation and not discuss any accomodations until you have something in writing saying that he is eligible.  I would not get into the fact that once eligibility is established, if they are not willing to make it peanut free you will....  I think all that will do is make them more reluctant to find him eligible.  I would get written documentation of eligibility first.  I really would not get into discrimination and FAPE until they make a decision about his eligibility (which should be that he is eligible, but anything can happen).  Yes, it is FAPE, rhymes with "cape".

As far as recording it, you are allowed to bring a tape recorder, but they have to be informed that you are recording it.  I guess that is obvious.  They have to agree to it.  There is at least one person on this board who has recorded 504 meetings and she has a good line for how to tell them that you are going to record it.  Is it McCobbre?  Not sure if it is her or not.

[yellow]

Wait! You are jumping around all over the place.

tonight you need to type up a formal WRITTEN request for a 504 eligibility meeting. Hand that to the principal tomorrow. Tell him you are sending a copy to the 504 director for the district.

Photocopy the letter from your allergist and attach it. In your request for the 504 meeting, write something like "in light of recent changes made to policies for Johnny's classroom, and the recommendations made by my child's allergist (see attached), I am formally requesting a 504 eligibility meeting.

You cannot talk accommodations until you have had that meeting. Certain people have to be there amd there are procedures and paperwork that go along with it so they can't just throw it together for you tomorrow. It is not your job to request people be there. The district nurse, and probably the school nurse should be part of the 504 team for the bldg. In my district, the building guidance counselor is the 504 coordinator for each bldg. she organizes the schedules for the meetings.

Do NOT talk about 504 accommodations until you have had a formal eligibility meeting and he's been deemed eligible.

If he has a health plan currently, the letter from the allergist could be part of the dr's orders. For the school to follow. Maybe for now they can add it to his health plan.

Do not jump the gun with the OCR. You don't have enough of a case yet. And don't bring it up in the meeting either. Let them paint themselves into a corner, then talk to the OCR. You don't need to inform the school that you may be calling them if things don't work out well. That's threatening to them and puts you in an adversarial position that won't help you get what you want.

In my state you can bring a tape recorder. I don't. It makes people nervous and give them the impression that I'm there for a fight. Really, I'm there to get things resolved.

If the nurse is on your side, then you should be ok. She can talk sense into the principal usually if she has a clue.

Just remember you must follow the processes which means this won't be resolved tomorrow most likely. They have 30 days to schedule the 504 meeting after receiving the request.

[LianneV]

Ok so new plan.  Type up request for 504 eligibility tonight.  (is it basically just a "to whom it may concern I would like to request that my son be evaluated for 504 eligibility) attach copy of dr. letter, go to school tomorrow (assuming there is school we got a whole bunch of snow today) and just hand it to the principal to get the ball rolling and start the count on the 30 days they have to comply.  My guess is they'll take as long as possible since they clearly don't seem that helpful thus far. 
Sadly the nurse protested the decision to change but wasn't listened to, it's the district nurse who is against removing peanuts, unfortunately

[rainbow]

Right. Definitely include the attachment.  And request the meeting occur ASAP -- if they are reasonable they may indeed turn tomorrow's mtg into the 504 meeting. Honestly, it is really the same meeting, just more formal.  I'd request that in the meantime, they are COMPLIANT with the doctor's order attached. 

Bring a red folder to the meeting which includes things like:
- OCR Letter to Gloucester
- Nathan Walters Powerpoint
- Article about other kids that died in schools very recently (VA this month and Chicago last year)
- ADA Amendment showing that LTFA is covered (get from OCR site)
- AAAAI Position Statement on Anaphylaxis in Schools (recommends non food celebrations or only safe packaged treats with clear ingredient labels; recommends handwashing to remove allergens)
Be ready to refer to those documents at appropriate times.

The main thing you want to state, if they are pushing back and trying to not accomodate, is that you are uncomfortable with the risks they are taking and they are putting your child at risk of a severe, possibly LIFE THREATENING reaction.

Know the accomodations you want:
- Nut free classroom
- Nurse on field trips (or you go, or both)
- Birthday celebration/ Class party food - SAFE food or NON-food celebrations; NOTICE of food celebrations
- Handwashing
- Full time nurse, and/or Epipen designees available at all times
- Anaphylaxis training for staff
- Cafeteria (seating, food, etc - food is an easy one as FDA instructs them to comply with 504 - another reason to get one!)
- Bullying / threats (how will they handle this)
- ETC

I would not sign 504 in Meeting unless you feel they are bending over backwards to grant excellent accomodations in writing.  I'd take it home, sleep on it, review it with us, ensure it is thorough, etc.

You're going to do great. 

[rainbow]

Ok so new plan.  Type up request for 504 eligibility tonight.  (is it basically just a "to whom it may concern I would like to request that my son be evaluated for 504 eligibility) attach copy of dr. letter, go to school tomorrow (assuming there is school we got a whole bunch of snow today) and just hand it to the principal to get the ball rolling and start the count on the 30 days they have to comply.  My guess is they'll take as long as possible since they clearly don't seem that helpful thus far. 
Sadly the nurse protested the decision to change but wasn't listened to, it's the district nurse who is against removing peanuts, unfortunately

If the meeting is tomorrow, I would just bring this letter to the meeting.

[socks on a rooster]

I have tape recorded meetings. In my state you must ask permission something like 24 hrs in advance. I did this via email.

I agree not to discuss accommodations until he is approved. But, be prepared for them to say yes, and for the eligibility meeting to turn into a 504 meeting immediately to discuss accommodation plans. It is typical for a team to attend the meeting. This might include the principal, nurse, district nurse, teacher and possible Director of Special Education (disabilities).

[ajasfolks2]

Wanting to suggest again that you find the online info for Special Ed/504 in your district.  There may be some add'l info as to # of days they have to respond and forms for inviting supporting people to your meeting . . .