UPDATE crunch time with our 504-Need advice/opinions

[MandCmama]

Lots of details making this all the more complicated...one of the big ones is that DH is a teacher in our district, so we are not only treading as lightly as possible for good will in the future, but also b/c he has to "live with" any waves we make.

Up to this point the 504 process for M has gone very smoothly.  He will enter K in the fall.  The 504 team insisted on recommendations from our allergist, so we did meet with her.  We reviewed what we were looking for and she was in agreement with all of our points.  She typed out a "letter" with her recommendations (aka our recommendations) as bullet points.  The 504 team readily agreed to everything with 1 caveat... our requested accommodation for transportation.  The director of special ed apparently has all the power here.

What we are requesting is this- our district has 1/2 day K.  Parents are responsible for all mid day transport, so M, being assigned to PM K, will be dropped off by us and transported home.  Mondays he comes to our house.  The rest of the week he goes to a sitter.  She is in district, but in the catchment area of a different elementary building.  This means M would have to take a "transfer bus" to this other elementary and then be bussed to the sitters.  Further complicating matters is the fact that we know the bus driver in our neighborhood.  He retired from the hospital where I work, and let's just say I would not let him take my cat to the vet.  He responds VERY poorly under stress and has little ability to problem solve. I truly believe that he is borderline intellectual functioning and a co worker has told me he was denied by the military b/c of this...Rumor has it his jobs have all been "bought"....ANYWAY...our district also has many 15 passenger vans.  I see several a day in my neighborhood and the sitters. Our request is that M be transported by one of these.

My reasons are these:
1. M has had "mystery" reactions when his allergen was not clearly present.
2. M still sucks on his fingers when stressed, despite our countless efforts..It's purely unconscious at this point.
3. with the whole "transfer bus" plan, I can't help but think that there is just that much more room for errors to be made/balls to be dropped. The van can directly transport.
4. A reaction would likely be noticed by the driver in a van with a handful of kids before a reaction would be noticed on a bus with over 40 kids. At 5, M can not be counted on to speak up.
5. one day a week we'd be relying on the above described driver.

Sooooo. The 504 team thought this was reasonable and since it was put in writing by our allergist, thought we'd have no trouble moving forward with it.  Special ed director (with rep for being pompus/Napoleonic complex) shot it down in an email to 504 Coord.  I sent an "appeal" email outlining our concerns and asking him to please reconsider.  wasn't hearing, wasn't hearing.  DH ran into ASSISTANT dir of sped and spoke with him about it.  Implied that Dir. must have misunderstood b/c this sounded logical and doable.  We sent him our info.  A few days later apologetic email from assit. ...his hands are tied.  still a no.

We want to pursue this.  We really do feel strongly that it is a safety issue.  When he's a little older front seat wiped down will do, but for now, I think he's at risk. our physician agrees.  Our first thought was to go to the school superintendent and appeal.  DH spoke with one of the sped teachers and was encouraged to contact an advocate before doing this (b/c of Dir of speds retaliation?).

So here we sit with a list of advocates to call.  Part of me wants to NOT stir the pot anymore and just transport M both ways.  The other part of me knows that this would be a HUGE burden for us (work wise.  I'll already be giving up my lunch period to get him there.  one of us would have to leave early DAILY to get him.  Flex time would not work with sitters schedule) and hey- we pay taxes too! The vans are in our neighborhood. Our physician agrees.  the 504 teams agrees. the assit. dir. of sped agrees. ARRRRGGGGGHHHHHHH!

[Mookie86]

Does the school offer onsite child care?  Perhaps that would be less complicated than fighting the school on the bus issue?  Good luck!

[MandCmama]

No, but that would be helpful. In fact, they are very strict in their drop off/ pick up times. No earlier than 1210, but no later than 1220. No earlier than 245 and no later than 255.

[Janelle205]

Have you or the SD considered the possibility of an trained aide on the bus instead of a different vehicle?  Plus would be then you wouldn't have to worry about the driver doing anything but driving - there would be someone else to recognize and respond to any reaction.



Also, you may have tried it, or it may not be allergy safe, but we used a bitter tasting nail polish to help stop step-daughter from sucking her thumb at about the same age.  She was totally on board with it though - we had a talk about how sucking her thumb could be bad for her teeth and what could happen, and she was on board with it.

[MandCmama]

Basically, dir of sped said every other kid with food allergies takes the bus- yours can too. He would be happy to have M sit up front and have the driver wipe the seat and railing, but that's been sufficient in the past. He was also kind enough to offer me the # of food allergy parents whom he's managed to keep alive thus far!
As for the fingers... We've tried the bitter stuff, we've tried bandaides, we use tube socks... It was almost extinguished, but has come back just as fierce as ever.  It seems to be when he's stressed or bored. It seems to have ticked back up since K registration.

[twinturbo]

Was there a reason provided other than it's not part of any other individual's 504 accommodations? Cost, scheduling, lack of passenger space? I liked Janelle's suggestion of an aide on the bus for 1:1 single-purposed supervision.

[MandCmama]

Was there a reason provided other than it's not part of any other individual's 504 accommodations? Cost, scheduling, lack of passenger space? I liked Janelle's suggestion of an aide on the bus for 1:1 single-purposed supervision.

Nope- just nobody else has this accommodation; therefore, not necessary...
I like the idea of the aide as well, but that just sounds more expensive.... I'll bring that up at our next meeting. That may possibly be a way around sped dir, though he prob has to approve that as well since its still under the transportation umbrella.

[twinturbo]

Well, that is a legitimate hardball tactic. Present two choices the other party doesn't like but make their lesser of two evils the best outcome for you. You could even offer him the phone numbers of other school districts that provide bus aides since he likes that logical fallacy so much.

[my3guys]

Well, that is a legitimate hardball tactic. Present two choices the other party doesn't like but make their lesser of two evils the best outcome for you. You could even offer him the phone numbers of other school districts that provide bus aides since he likes that logical fallacy so much.

I agree with this.  Which of these two options recommended by your family physician will he agree to?  Maybe your physician could write another note clarifying he needs one of these two transport options due to thumb sucking, bus transfer, age, multiple allergens etc.  I would think the aide would be the more expensive option also.

[ajasfolks2]

Indivdual accommodations are SUPPOSED to be just that:  INDIVIDUAL.

Comparing/contrasting your child's documented need with those of the other children (and what is/is not on thier 504s or IHPs) is direct violation of your child's rights under Section 504.

You know that, right?

Your Sped Dir is way out of line.

[Macabre]

Yikes.  On the one hand, M is so small.  We were able to wait until 5th for the bus, but it was a hardship to us work-wise (and DH's work has a lot of flexibility), so I totally get how your transporting him will NOT be sustainable.  One of the reasons it won't be is that as things come up, you'll be using that lunch time throughout the rest of your day dealing with other school issues--even if you have a good 504.  Ask me how I know.  Grrrr.

DS did have an aide until last year I think.  Or was it this year?  Recently.  He is finishing 8th grade right now.  And I'll say that the aide benefited another special needs child (with diabetes) a lot--even though she was DS' aide.  The school district was glad we had her. 

I'm sorry your Sped is like that.  Ours was wonderful.  But glad you know where things stand and at least have some contact with the assistant (who will hopefully move up the ranks before too may years).

[ajasfolks2]

Macabre,

your Sped Dir needs to "school up" a whole HUGE NUMBER of Speds in this state.

Just sayin'.

Sorry for the digression.

Carry on.

[MandCmama]

Well, we sought legal advice.  Allergist wrote a  NEW letter stating that the school district's plan of wiping down seats and rails was inadequate to keep M safe and put him in unreasonable danger.  Forwarded this letter via email and snail mail to Sped and got no reply, though I know he at least opened the email.  DH emailed district super, filling him in on everything up to and including contacting a lawyer.  Super's response thanked us for emailing him and we have a meeting with super and his asst on Thurs.
Please help me come up with non emotional arguments.  Those of you that live in other states- what is the norm (Vice principal @ DH's bldg alluded to the fact that our state is behind the times with std FA accomodations). I plan on bringing every piece of paper we have thus far, but waht else???

[ajasfolks2]

Have been away and just seeing this now.

Did you have meeting?  Where do things stand now?

Sorry to see so little response in this thread -- summer is "off" time for so many of us so far as dealing with schools . . .

[MandCmama]

Had the meeting. They appeared to be very apologetic for Sped dir lack of ....ummm....well some things are just best left unsaid. Anyway, they took lots of notes and asked lots of questions. They met with M's principal to discuss it. And then denied it. We've decided not to fight it further. For one, we can't afford. We also have other major stressors happening. We're going to pay some one to take him in and DH will race over to pick him up after work. Only Kindy and I feel defeated