New here, but need help before meeting with principal

[CMdeux]

Ahhhh-- well, cross that bridge when you come to it.

Partly that answer depends on your district's particular "procedural safeguards" which you have apparently NOT BEEN GIVEN.

(Please note that this in and of itself might put them in violation already...)

There is:

mediation arbitration
due process hearing

(but be careful approaching any of the above, because some districts can stack the deck against you by hand-picking the mediators/judges)

formal complaint with state agency(ies)
formal complaint with OCR

[lakeswimr]

If you have to go to that level often things do not go well unfortunately.  I highly recommend you get a food allergy advocate if you don't have one already.

[socks on a rooster]

Agreed, but I have to point out the obvious. Things are not going well now. How can it when a school tells you flat out, that they will not accommodate your child no matter what? Rhetorical question, what is the point of OCR and Due Process if parents are not going to be willing to use them when their school denies FAPE to their children (which a classroom full of allergens does)? I know how unpleasant it can be to go nuclear so to speak, but how is sitting on your hands praying your plan is good enough just to maintain a cordial relationship going well?  Yes, your child is in danger, but at least they don't think you're a pushy jerk? I think it's helpful to know what ALL your options are in any situation. I love the idea of advocates, but honestly I've yet to find one any more knowledgeable than me, that has the POWER to do anything. Due Process and OCR do however. 

[lakeswimr]

I'm not sure where the OP is in the process but first things first.  1)  Get the 504.  2)  Request accommodations  in writing.  I'd bring a sample 504 plan that I want along with that doctor's letter and sample 504 plans from other districts.  3)  negotiate. 

I think jumping when she doesn't have the 504 designation doesn't make sense.

I don't know of anyone who went to arbitration, etc and had a good outcome.  I know of those who now homeschool because they couldn't get what they want that way, though.

I recommend she at least try to convince them to give her what she wants first via the above which as far as I know haven't happened yet.  Food allergy advocates may not know more than you but they probably know more than the OP and probably could help her.  I think also Allergy Mom Gina Clowe's book and audio talk might be helpful as well. 

The fact is that not all schools will remove allergens from the classroom.  If the OP can't get that she MUST get proper accommodations to make sure allergens aren't being spread around the classroom.  I don't like having allergens in a FA classroom but many FA kids go to schools with allergens in their classrooms.  I have seem districts where they don't even do simple handwashing in such rooms!  Freaks me out but it happens.  She may not be able to get them to remove the allergens.  I hope she can.  I think negotiating is her best chance.  I like the suggestions people have given here, esp the doctor's letter, letter of understanding, etc. 

The school certainly took things to another level by changing the plan without even bothering to inform the OP. 

My suggestions are not about not wanting the OP to seem pushy.  I am thinking about what would be effective.  I haven't seen proof that going to those other steps is usually effective at all, unfortunately. 

[socks on a rooster]

Was Gloucester successful?

I'm not suggesting the OP should skip getting the 504 designation and skip through the negotiation process at all. I agree with what everyone has suggested. Pursue all avenues of making it work. Exhaust them all. Yes. But, sometimes, it doesn't work. Some schools are just filled with bad people who don't care about your child.  I'm just saying have a game plan. Learn the system and how it works. You need to know firmly in your own mind how far you're willing to go to keep your child safe, even if it means homeschooling. Or changing schools.  Not every child CAN have allergens in the classroom. That's why 504  accommodations need not be "reasonable." They must take into account the unique needs of the disabled student. Doesn't matter what they do for other children. Or have done, or want to do. It would never be acceptable for me to have a deadly allergen in my child's classroom based on her rxn history. I don't consider walking away from a deadly environment a bad outcome because I didn't get what I asked for. Sometimes a situation is just bad, and it'll be bad whether you negotiate in good faith and don't get what's needed, or go the Due Process or OCR route. The point is, we don't have to tolerate it.

[CMdeux]

Excellent points, for sure.  Know-- truly KNOW-- where your own personal line in the sand is, and keep that information purely to yourself and your spouse, but HAVE DISCUSSED IT.

This is why we educate my DD at home, frankly-- when the difference between what "is" and what NEEDS to be is so far apart... AND you encounter profound ignorance/hostility, you can pretty much bet that it isn't going to go anywhere positive.


I am not sure that is the OP's situation, however.

I think that she is dealing with: a) ignorant administration-- both of legal rights and of her child's actual needs, and b) slow communication hampered by recent weather events. 

Do keep in mind that about 60-70% of the counties where she and I live are currently in a state of emergency for the fifth day running and with virtually no end in sight.   

My assessment of this one is that it's way too soon to KNOW how this one is ultimately going to go.

I think it can still go well-- IF she's meticulously careful and doesn't escalate unecessarily.  If she can be patient-- and let them find that flashlight and use those two hands, as the rather crude saying goes.    Given the level of cooperation of the classroom teacher and the nurse, that seems plausible here.  (It isn't always-- not at all if you have a teacher that is actively posing a daily danger to a child in the interim.)

My advice is that she should treat the administration team involved as though they were just ignorant-- and behaving in a fairly belligerent fashion mostly because they aren't too quick on the draw.  It's probably close enough to the truth anyway, and it might allow her to keep her temper with them to think of them as being slow rather than obstructionist. 

[lakeswimr]

Glouster was about 504 eligibility.  Whole nother thing and the school has already told the OP they will grant 504. 

I agree with the end of what you wrote.  One possible problem for the OP is that the school made this change several months ago and her child has been fine and reaction free in spite of it.  Doesn't mean the child always will be but makes it more difficult to get them to take the risk seriously.

Was Gloucester successful?

I'm not suggesting the OP should skip getting the 504 designation and skip through the negotiation process at all. I agree with what everyone has suggested. Pursue all avenues of making it work. Exhaust them all. Yes. But, sometimes, it doesn't work. Some schools are just filled with bad people who don't care about your child.  I'm just saying have a game plan. Learn the system and how it works. You need to know firmly in your own mind how far you're willing to go to keep your child safe, even if it means homeschooling. Or changing schools.  Not every child CAN have allergens in the classroom. That's why 504  accommodations need not be "reasonable." They must take into account the unique needs of the disabled student. Doesn't matter what they do for other children. Or have done, or want to do. It would never be acceptable for me to have a deadly allergen in my child's classroom based on her rxn history. I don't consider walking away from a deadly environment a bad outcome because I didn't get what I asked for. Sometimes a situation is just bad, and it'll be bad whether you negotiate in good faith and don't get what's needed, or go the Due Process or OCR route. The point is, we don't have to tolerate it.

[lakeswimr]

Glouster was about 504 eligibility.  Whole nother thing and the school has already told the OP they will grant 504. 

I agree with the end of what you wrote.  One possible problem for the OP is that the school made this change several months ago and her child has been fine and reaction free in spite of it.  Doesn't mean the child always will be but makes it more difficult to get them to take the risk seriously.

I agree with CM.

Was Gloucester successful?

I'm not suggesting the OP should skip getting the 504 designation and skip through the negotiation process at all. I agree with what everyone has suggested. Pursue all avenues of making it work. Exhaust them all. Yes. But, sometimes, it doesn't work. Some schools are just filled with bad people who don't care about your child.  I'm just saying have a game plan. Learn the system and how it works. You need to know firmly in your own mind how far you're willing to go to keep your child safe, even if it means homeschooling. Or changing schools.  Not every child CAN have allergens in the classroom. That's why 504  accommodations need not be "reasonable." They must take into account the unique needs of the disabled student. Doesn't matter what they do for other children. Or have done, or want to do. It would never be acceptable for me to have a deadly allergen in my child's classroom based on her rxn history. I don't consider walking away from a deadly environment a bad outcome because I didn't get what I asked for. Sometimes a situation is just bad, and it'll be bad whether you negotiate in good faith and don't get what's needed, or go the Due Process or OCR route. The point is, we don't have to tolerate it.

[twinturbo]

Have a cascading set of contingencies in place that flows up chain of command, not leapfrogs it, for every outcome so you're not scrambling for the next move. I think that's all anyone is saying.

[lakeswimr]

I agree but I would not think of going that route without hand holding by a paid food allergy advocate or possibly even a lawyer and I would want to avoid having to hire a lawyer if at all possible.  I would want to avoid going up that ladder unless it is necessary. 

who here has had that go well?  We had a whole thread about how it usually DOESN'T.  My experience with the OCR is they were a lot of talk with no action.  Their talk helped and I got a lot of changes made at one town organization but in the end we deadlocked on a simple, basic accommodation and I couldn't make them budge.  The OCR suggested various strategies, making it sound as though they would do something but in the end they did nothing.  I'm not impressed. 

[twinturbo]

I would want to avoid going up that ladder unless it is necessary. 

Yes.

[ajasfolks2]

Was Gloucester successful?

I started a thread to discuss anything we can find as to current situation in Gloucester.

It's here:
Gloucester County Schools, Virginia

[socks on a rooster]

Have a cascading set of contingencies in place that flows up chain of command, not leapfrogs it, for every outcome so you're not scrambling for the next move. I think that's all anyone is saying.

Yes. Exactly.

My point about Gloucester is not to say that it's the same as the OP's situation. My point is the family did not just accept the school's "no." They fought it. They won. Someone had to rock the boat for the rest of us to reap the benefits. (Keep in mind how groundbreaking this was.....this was the very first time OCR took jurisdiction over deciding placement.)

Not everyone wants to blaze the trail, but I'd hate to discourage those who desire to, as long as they know all the risks. 

[CMdeux]

... and I do know of one due process hearing that went WELL.  (In CT.)

I also know that the odds are not in a family's favor once it gets to that point, because for that ONE case, I also know of about seven others where it did not go well in the end.

[twinturbo]

I would not risk open war.

Open war is upon you, whether you would risk it or not.

You're either with Theoden or with Aragorn.