***UPDATE*** ADA/other Federal laws require the administration of Epi-pens?

[MomTo3]

We are in Ohio.  My child is going into K in the fall (we'll see where when all this shakes out).

I have a friend who is a lawyer look at it. She said it isn't something I need to roll over and sign which made me feel less crazy.  I asked to have the district lawyer call and explain it to me and was asked "Are you going to pay for that?"  which I should have responded "I do, I pay taxes in this city!"  but was so angry at the time I couldn't think.  I did get a phone call four days later saying they were sending the paperwork to the lawyers to look at.  I took that to mean a) they see there is an issue or b) they are trying too pacify me which I don't really see as the amount of attitude I was getting.


I was trying to avoid a 504 but it looks like this may be necessary.

[CMdeux]

LOL-- I have a different take on that particular strategy.  I think that the district was (probably?) trying to intimidate you by invoking "lawyers."  Glad that you aren't biting!   

Just curious-- why were you trying to avoid a 504 plan?

[MomTo3]

Just curious-- why were you trying to avoid a 504 plan?

This being my first kid in school and having to work with the district for the next 14 years, I was really going to try and work with them and from what I see, most districts see a 504 plan as a PITA.  So I was going to try and avoid it but if I am having this much trouble just getting them to correctly word a district wide form I am loosing faith fast that it can be avoided.

Plus I have no clue what to ask for (even though I have read many of them from other allergy parents! lol)

[Momcat]

I think it's more that they view providing special accommodations to anybody a PITA.  And in my experience, they love to make parents who insist on more than lip-service feel like narcissistic-whiny-helicopter-Munchausen's-by-proxy parents. <\rant>

[CMdeux]

Yes.  Truly-- they may be making you FEEL as though you're being "aggressive" or "unpleasant" by insisting on doing things the legally correct way, but really, you are doing them a favor by doing things this way.   

They just won't thank you for it NOW.  They may, believe it or not, in the future, when they see how much BETTER it is to have everyone's responsibilities spelled out and on paper in black-and-white.

It may actually be illegal for them to provide accommodations to a child who is qualified as disabled under ADA/ADAA without formal identification.  The reason?  They have an obligation to evaluate and identify those children formally under the law.

They also cannot provide accommodations to EVERYONE just for the asking, right?  Or they shouldn't-- particularly modifications to policies, practices, and procedures, or curricular modifications which impact other students and families.  That said, the only really defensible thing for those practices is to note that those students have needs X, Y, and Z which are obligations to the school under federal law A, assuming that student B is covered as a disabled student under that law.

Does this make sense?  They aren't obliged to do ANYTHING for student B that they don't/won't already do for ANY student (with or without any particular condition, I mean), so if your child needs any considerations beyond what other children do in order to safely access the learning environment of the school?  Yeah, that means that s/he is a person who ought to be evaluated under Section 504.

[Momcat]

I think the term they used for me was "adversarial".   

[Carefulmom]

LOL-- I have a different take on that particular strategy.  I think that the district was (probably?) trying to intimidate you by invoking "lawyers."  Glad that you aren't biting!   

I was also thinking they are trying to intimidate you.  If it were me, I would not talk to them.  They are looking after the best interest of the school district.  You are looking after the best interest of your child.  Totally different priorities there.  BTW, I had our school tell me that the district lawyer said that the school did not have to provide an epi trained adult for field trips.  I knew that wasn`t true.  I called my state Office of Educational Equity Compliance, who then called the school and told them they could not do that.  So either the school said the school district attorney said something and lied about it, or else the school district attorney didn`t know the first thing about disability law.  So whatever they tell you that their attorney says, it may or may not be true, and it may or may not be legally correct.  Don`t get sucked in to that.

[Carefulmom]

Just curious-- why were you trying to avoid a 504 plan?

This being my first kid in school and having to work with the district for the next 14 years, I was really going to try and work with them and from what I see, most districts see a 504 plan as a PITA.  So I was going to try and avoid it but if I am having this much trouble just getting them to correctly word a district wide form I am loosing faith fast that it can be avoided.

Plus I have no clue what to ask for (even though I have read many of them from other allergy parents! lol)

I`d cut to the chase and get the 504 designation now.  You have to assume that even with the best of intentions, things are going to come up over the next 14 years and you will need your child identified in order to get accomodations which are enforcable.  Of course, the school sees it as a PITA.  It holds them accountable and is inconvenient for them.  Again, they are looking after their own best interest.  You are looking after your child`s best interest.  Most schools don`t like granting 504 accomodations because it holds them accountable.  But your goal isn`t to keep the school from being inconvenienced; your goal is to do what is best for your child.  I personally think it becomes adversarial if it is done after conflict.  If it is done simply because your child will be going to school and your child is legally disabled, then I don`t think it needs to be adversarial.  You have to know what they are legally able or not able to do, though.  So feel free to come here and ask us.

[lakeswimr]

At the time my son started school the ADA amendment had not occurred yet.  That amendment makes it very clear that food allergies can qualify for 504 and that the purpose of the law is to make things as inclusive as possible, not to keep kids out of 504.  Our state requires all kids with food allergies to have IHCPs and I got everything I wanted but one or two smaller things on my son's IHCP.  I was happy with an IHCP.  But the thing is, my son does qualify for a 504 so after years of people pushing me to get one I finally did.  I'm glad because it will follow my son to college if he still has FAs then, which I predict he will.  Did it make any difference in the *content* of my son's plan?  No, not at all.  But I like having it and there is no reason not to unless it would really put you on the outs with the district, which it should not if they understand the 2008 ADA amendment (and you can explain that to them.)

I'd put my 504 request in writing and I'd do as others suggested.  I'd get a letter from your allergist backing you up.  I would NOT sign anything like that waiver.  You are doing them a favor. someone else could come and report them to the DOJ or sue them and you can even point this out politely, "i'd hate for you to get in trouble one day." 

[Carefulmom]

At the time my son started school the ADA amendment had not occurred yet.  That amendment makes it very clear that food allergies can qualify for 504 and that the purpose of the law is to make things as inclusive as possible, not to keep kids out of 504.  Our state requires all kids with food allergies to have IHCPs and I got everything I wanted but one or two smaller things on my son's IHCP.  I was happy with an IHCP.  But the thing is, my son does qualify for a 504 so after years of people pushing me to get one I finally did.  I'm glad because it will follow my son to college if he still has FAs then, which I predict he will.

Good point.  It is almost impossible to get a 504 for the first time in high school.  You will be met with "Doesn`t he know what he can and cannot eat?"  Yes, I know, totally uninformed as to all the reasons for a 504 and all the circumstances under which a severe reaction can occur.  Foods are recalled due to mistakes all the time.  Anyhow, for that reason in addition to everything else, I would get it now.  Our school tried to take away necessary accomodations in high school using that line about doesn`t dd know....If she had not already had a 504, it would have been a huge fight to get one in high school.

[ajasfolks2]

I think the term they used for me was "adversarial".   

Name calling is typically what they resort to when they are gripped with sudden realization that you've got their number, so to speak.   

[MomTo3]

I think the term they used for me was "adversarial".   

Name calling is typically what they resort to when they are gripped with sudden realization that you've got their number, so to speak.   

That made me lol   Thanks!

I called my Dr. for a 504 letter to get things going.  The office said it didn't have any idea what that was.  I am scared now.

[CMdeux]

Don't worry-- many physicians do not know much about ADA.  They're doctors, not lawyers, right?

You might want to prepare a short dossier of information from the Department of Justice and from other organizations which specifically explain how the limitations associated with food allergy are qualifying.  Also provide a highlighted copy of the section of ADAA(2008) which lists food allergy quite specifically. 

Be sure to review letters here, and maybe take a look at what is typically in a 504 plan.

The difference between a "healthcare plan" and a "504 plan" may appear to only be the name.  In some (good) cases that may even be true.  But the legal difference is that the latter is intended to protect a child's access to the same/equivalent educational opportunities as his/her peers, and the former is intended to MANAGE THE HEALTH CONDITION.  Naturally, the 504 plan concerns itself with ways to be INCLUSIVE, and the IHCP doesn't necessarily do that.

This means that with a healthcare plan (no 504), it would be perfectly acceptable to send the allergic child to the principal's office while the rest of the class enjoys a party, special reward, etc.  After all, the child is SAFE under that scenario.  But I think that most parents can see why that isn't an okay thing to do week after week, year after year. 

[TabiCat]

We are in Ohio.  My child is going into K in the fall (we'll see where when all this shakes out).

..... snipped for space..........

I was trying to avoid a 504 but it looks like this may be necessary.

I would like to encourage you not to think of seeking a 504 as a negative step. It is a very useful document that simply outlines the plan for meeting your child's needs. I recomend a 504 rather the relationship with the schoolis solid or not.

[Carefulmom]

We are in Ohio.  My child is going into K in the fall (we'll see where when all this shakes out).

..... snipped for space..........

I was trying to avoid a 504 but it looks like this may be necessary.

I would like to encourage you not to think of seeking a 504 as a negative step. It is a very useful document that simply outlines the plan for meeting your child's needs. I recomend a 504 rather the relationship with the schoolis solid or not.

I completely agree with this.  Also, to add on to what CM Deux said the difference between a 504 and an ICHP with the same accomodations but without a 504 is that a 504 is enforcable.  The school can lose federal funding if they violate it.  That is why they don`t want to do it.  If you have an ICHP without a 504, you are relying on their good intentions to follow it.  There can be staff changes, pressure from non food allergy cupcake queens...anything can happen and you have no recourse.  With a 504, you have recourse if they do not follow it.