Can you point me in the right direction - 504?

[sbs]

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[rainbow]

I sent you a msg.

[CMdeux]

Here's a different approach for you to consider.

If you have a cooperative relationship with your current PRIVATE school, can you work with them to establish eligibility and write a 504 plan BEFORE your move?

They may be more willing if they know that they won't have to live with the provisions long-term, and this way you'll already be entering the district with a 504 plan (and more importantly-- established eligibility). 

This would also allow you to make use of your established relationship with your current physician rather than trying to pull everything together AFTER your move, and with people who really have no history with you.  A new allergist may not be as well aware of the reality of the situation as you'd like, particularly for the first year or two.  I do think that a lack of ER visits can weigh against you with a new physician, who may interpret this history as "over-cautious" rather than "effective management."

If you go this route, I'd try to explain verbally why you want to do things this way-- that way it isn't on the record for any of you... but they understand that you aren't pursuing a 504 plan because of anything that has happened in your current schooling situation-- just that this is a preemptive move in preparation for your move.  It's strategic, in other words.   

[sbs]

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[CMdeux]

Basically, know the language which is used in Section 504 itself and make very certain that your allergist (that's who I'd probably tap initially, anyway) states:

• the allergy is LIFE-THREATENING,


• which of "life's major activities/major life activities" are impacted-- self-care and breathing are prime targets for this, btw


• therefore, under ADAA and ADA section 504, this child qualifies as a "disabled person" under the law

and finally-- it should stress

• a need for on-going management by trained adults in order to successfully avoid anaphylaxis (and to treat it if those measures fail)

Anything  beyond that is optional, really.  I'd approach the school saying that it is really important for {child}'s safety that some of this be formalized BEFORE your move... so that the new school has a clear template to work from.

The steps are basically:

a) evaluate for eligibility under the law,
b) consider a "variety of sources" of information in that consideration, by a "team of persons" who are familiar with the child, the meaning of the data considered, and the placement options available,

c) if eligible, construction of a 504 plan to address the educational environment so as to provide equal access to educational programs to the same degree afforded non-effected peers.

Phrases to become familiar with in this process include
FAPE
LRE

(though the former won't apply to the private school, probably).

Does the private school recieve any federal funding at all?  Some USDA programs are considered "federal $" for the purposes of establishing eligibility, even at schools which are otherwise not federally funded.  This may make the difference between whether the school has to follow educational provisions in ADA or the less-restrictive "places of public accommodation" ones which apply to businesses and other non-profits which don't recieve federal money.

[CMdeux]

How are things going?

Maybe some of our members who have had experience with private schools can chime in here. 

[sbs]

It's going ok.  I did talk with the current school and they are willing to consider her case.  I have a call into the allergist, but he's out of the office this week.  I'm going through the threads in the school section to become more familiar with everything.  Thanks again for your help.

[sbs]

• which of "life's major activities/major life activities" are impacted-- self-care and breathing are prime targets for this, btw

Is it correct that "eating" is also now a major life activity (since ADAAA)?

Anything  beyond that is optional, really. 

I no longer have to worry about including "no mitigating factor" language in a letter from our allergist because of ADAAA?



Is the school allowed to provide some accommodations for asthma without a 504 that recognizes her asthma as qualifying also? 

[CMdeux]

MMmmm... maybe, but that gets into what is considered "accommodation" and what is not.  For PE, yes-- an accommodation, clearly.  On the other hand, some modifications are so standard and so frequently applied to a large percentage of students who are otherwise unimpaired that it may not be sufficient to qualify as "disabling" at that point.

KWIM?

So yes, asthma SHOULD qualify, but realistically it probably doesn't most of the time.  Not unless it is unpredictable and very severe.

Eating is a major life activity now, yes.  But really, the one which is most difficult to counter is "self-care" since that is pretty much the gold standard for any disabling condition.  If life is just plain significantly harder and more dangerous/complicated for {person} than for other people of similar age without the condition, then it's likely that this represents a disability.  Think for a moment about the things which would be radically DIFFERENT for your child without her food allergies.  Which categories to those differences fall into?

Less need for parental oversight, ability to trust other adults with her care?  That's "self-care" to the same degree as other children.  Oh, it may impact other life activities, too (breathing, motor, cardiovascular, etc. are pretty much ALL impacted by anaphylaxis), but that one is the one which is continuous.  Therefore, that one is the one that I like to mention first.

[CMdeux]

Don't forget the social impact, either.  That one is easy to overlook, because our kids have no obvious communication barrier-- at least not overtly.  But the bottom line is that food = social currency.  In that sense, this, too, is one of the most profound limitations, and it is the one that will follow them even as they get old enough to age out of self-care being limiting.

[sbs]

Thank you CM   

[Mfamom]

the asthma can help though because children with asthma at higher risk for anaphylaxis
I'll look for that little statement and come back later.

[sbs]

Thanks Mfamom.  I already met with the allergist the other day and requested that he put that in the elig letter.

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Her SPT was still very high, and we are waiting for her blood test results.
However, after talking with him, he may consider doing an IOFC. 

He thinks it's risky, he says the other allergist we saw last year is more aggressive in offering IOFCs and they turned us down because they felt it was too dangerous. 

I am thinking that is worth the risk, but I am nervous. 

[CMdeux]

Yes, I'd think it is probably better to know-- because she is old enough now to remember and use the information as much as you are. 

I'll keep my fingers crossed too! 

[Mfamom]

you aren't furnishing test results to school though, right?

My ds also had a serious serious reaction age 4 with previous "little rx" that I didn't know the source of until the "big one".  His spt always shows huge wheal and no RAST was done after the RX.  Rast was done 5 years later and was negative.  2 since are negative, but the spt positive and rx history so no one wants to do a challenge.  I'd love to know though if he's still allergic or not.