I need help

[Kelley2522]

Just had meeting with my son's school to update his 504. They are throwing out the old one entirely saying that it no longer applies due to different guidelines now that he is entering kindergarten (he was in preschool before).

They didn't give him anything. No peanut free classroom. They are eating snack in the classroom, which is a shared snack, and will encourage peanut free snacks, but will allow peanut snacks to be eaten there if that's what someone brings. They think sitting him in the corner is good enough. They will also be drinking milk every other day in his classroom. They can't guarantee hand washing at all. I finally got them to agree to a bathroom break after lunch, but if they don't wash then that's fine too. This school serves PB sandwiches two days a week for hot lunch. They went after me because I'm not allowing them to put a necklace with a Mr. Peanut on it on him in the cafeteria to mark him as peanut allergic. They apparently do this for grades K-4.

The list of crap goes on and on. So, as this stands I don't see how he can attend school at all. I will add that they have peanut free classroom signs up all over the school. Why can't my son have one?

My main questions are:

Can they just throw out his old 504 like that?
Is it illegal to mark kids with necklaces?
Would you send your child to school under these circumstances?

I have sent an email to administration outlining what was discussed in our meeting. Just the facts, but all prior accommodations that my son was denied. I have also requested a meeting with the superintendent. I have calls into the area education agency that deal with special ed.

What else can I do besides take him and run?

[CMdeux]

Okay.

They are throwing out the old one entirely saying that it no longer applies due to different guidelines

Throwing out the accommodations?  Or the eligibility?

Because the latter is clearly illegal.  Writing a NEW 504 is perhaps in order if this is a new school, new environment, if your child is more mature, etc.

Mostly, though, my first thought is...

WHAT GUIDELINES??

Ask that question.  Seriously.  Politely insist on having those shared with you.


Secondly--

Can they just throw out his old 504 like that?
Is it illegal to mark kids with necklaces?
Would you send your child to school under these circumstances?

NO, while there is no 'stay-put' provision in ADA-504, so yes, they CAN rewrite the 504 to reflect the new setting, they CANNOT jettison eligibility since there has been no change in the child's condition, n'est pas?

Illegal to mark kids with disability-- YES, YES, YES this is illegal.  It's abhorrent, in fact.  The fact that your child is disabled-- or at the very least is "suspected of having or has been previously treated as having a disabling condition" is reason enough why this is WRONG, WRONG, WRONG.  Wow.  Cannot believe that their attorneys have let them do this.  But maybe they are getting away with it by denying eligibility to those other kids and therefore skirting the law by not finding them eligible as QID's in the first place.



Well, sort of, anyway.  They are breaking the law there, too, if they are (incorrectly) providing "accommodations" without finding them eligible for those accommodations in the first place.

Wow.  Wonder if it would also be okay to label the ADD kids in the classroom with cute pointy hats?  That way the teacher knows who they all are and all. (Yes, that's sarcasm... but it's a question I might be tempted to ask in a meeting at this point, were I in your shoes.  Because these people are clearly kinda... not-too-bright.)

Call OCR and ask about the necklace thing.  I'll bet that whoever is on the phone with you will GASP.  Truly.

Then tell your school to call OCR for some 'technical assistance' here.  (Basically, for their own... if you'll pardon the phrase... come-to-Jesus moment.)

[CMdeux]

Oh-- and what does your child's allergist say about his need for an allergen-free learning environment?

Anything?

How supportive is that allergist?

[Kelley2522]

They are not throwing out his eligibility, just his accommodations. They are throwing everything out of his 504 however, every.single.thing.  I have no problem amending his 504, but to throw the entire thing out due to "guidelines", which I am requesting to see, I feel is wrong.

The necklace thing is just crazy. I stated that my son will not be wearing one and they are making me sign a statement saying so. In the meeting I actually did suggest having every child with autism wear one (because someone in the room has an autistic daughter) and everyone that is mentally handicapped wear one and they just said that this is a safety issue and that everyone with those other examples have aides to identify them. I then asked for an aide, but of course was denied.

I have a doctor's letter stating that my son cannot be exposed to his allergens in any form. I have another letter coming in the mail to further support, but I have no clue what it says exactly yet. I was told if I needed more to call back and they would fax me something.

I am setting up a meeting with the superintendent, but she has stated she will not override the decision.

I will request to view said guidelines and I also learned that every school is required to have a 504 manual of some sort, which I haven't seen either.

School however, starts next week. I am considering open enrolling in the next town over, which honestly will put a hardship on me to drive him everyday. However, in thinking about what exactly I want to have happen, even if the school bends to have to accommodate him, what am I winning? I would still be putting him in the hands of people that don't care about him. I am feeling truly bullied for fighting to get him his 504 last year.

I'm having a hard time figuring out what the best thing to do is. School starts in one week and they will not meet with me again til next Tuesday.

[Mfamom]

so how is your son supposed to have a safe environment if they will not put any procedures in place
NO they cannot put Mr. Peanut necklace on your child.  WTH?  It is literally a picture of the Planters peanut guy?  Wow, you have a lot to handle there.  I would not send my child to school until you can work out a way to keep him safe. 
so he is still considered eligible?
If so, discuss accommodations that will help keep him safe.  aside from food in the classroom, is there a nurse?  where are epi pens kept, what is the emergency protocol for a reaction etc.
what about food in class activities....
lots to address.  I would ask why they are unwilling to accomodate a student with a disability....maybe a call to ocr etc.

[Kelley2522]

He will be allowed an epipen in the classroom. This is not standard procedure, but they will allow in his case. The nurse, who was new at the end of the year, admitted she had no idea where epipens were so she wants them all in the nurse's office. Teachers are trained on epipens, but substitutes are not. From what I can understand, emergency protocol is administer epi and call 911. There is a full time nurse, so they say, but I know there are times when she is not there. I asked about food in the curriculum. They said they will avoid allergens in curriculum, but it's not guaranteed.

I guess I should feel lucky that there is a nurse, he would also be allowed to self carry if we wanted him too. So they are doing those things, it's just that they seem to believe that if the epi is in the building then everything else would be a luxury for him. On days where there is a sub there would be no one in the classroom trained to recognize a reaction or administer. Principal stated they can put info on desk but can't make them read it. I'm pretty certain the same would go for classes such as art and music too. The nurse showed classroom teachers with food allergies in the classroom how to administer and that's as far as they are willing to go it seems. They don't even train all staff. I see no preventative measures being implemented.

Yes, the necklace literally has a Planters Mr. Peanut guy on it. Over my dead body will my son wear one. They insisted kids don't mind. 

My son has a documented history of anaphylaxis and a physician's letter stating that he cannot be exposed. I don't see how they can eat peanuts in his classroom.

[LinksEtc]

I'm not an expert, but unless they produce those "guidelines", this sounds an awful lot like discrimination and retaliation.
"Retaliation Against Parents for Advocating: An Emerging Trend"
http://blog.foxspecialedlaw.com/2012/07/retaliation-against-parents-for-advocating-an-emerging-trend.html

---------------------------------------

You might find some useful info here:
"Section 504/ADA And K-12 Students: Supplemental Materials"
http://tinyurl.com/lld5zyt

Page 3 talks about those 504 procedural safeguards - you have a right to a copy of them.

Page 7 talks about your right to an impartial hearing.  It also talks about retaliation.

---------------------------------------

I think a call to OCR to get their opinion on these 3 items is worthwhile:  Marking kids with disability, possible retaliation, & 504 procedural safeguards (getting a copy, impartial hearing). 

[LinksEtc]

On days where there is a sub there would be no one in the classroom trained to recognize a reaction or administer. Principal stated they can put info on desk but can't make them read it. I'm pretty certain the same would go for classes such as art and music too.

Can you get some of the stuff they are telling you in writing?

Unbelievable!

[YouKnowWho]

Lunchroom thoughts in regards to safety-
We do not have an allergy friendly table.  Instead my sons are seated at the end of their table with their class.  PB&J is offered, but not often taken up on in school.  They usually have someone with a hot lunch since next to both boys.  The aides are aware (they have a seating chart of where the allergy kids are) and use special cleaning procedures.  Their accounts are flagged in the school system to not sell them food of any kind (I have provided a shelf stable lunch and snacks in case they forget or lunch is contaminated).

In regards to the classroom procedures in the event of an allergic reaction, we do not have a pen in the room.  It was a no-go and given my children's reaction history, I am perfectly okay with this.  However the procedure is that the teacher calls the nurse/admin office on speaker.  The nurse, secretaries and administrative staff are trained in the use of an epi-pen.  They come to the student, the student does not come to them.  If she administers epi, the office is alerted to call 911 immediately.

I would fight with my last breath to remove communal snacks.  That is a disaster waiting to happen.

[Kelley2522]

After speaking with the cafeteria manager, I have found out that approximately 100 kids eat a hot lunch which includes a PB sandwich twice a week. That does not take into account cold lunch students. They wipe down tables with a "sanitizer to kill germs" but I don't believe it actually washes the tables. I argued and argued over that and they are supposed to be checking the label. They just kept telling me it was approved by the FDA and kills germs.  There is A LOT of PB in this school, which is why I feel so strongly that kids need to wash hands after lunch.

I could not get clear information on a reaction procedure.

If there is no communal snack, do kids each bring their own? I suggested just fruits and veggies which they just ignored.

[CMdeux]

Okay, well-- Kelley, this is pretty much identical to the situation that I faced when we looked at local enrollment for my DD, who is now a high schooler.

Add in the fact that at the time, NO school in the district had nurses, and the fact that DD had ample demonstration of extreme sensitivity, and atypically presenting anaphylaxis (even at age 5)... and administrators that cheerily told me that "it'd be a learning experience for us all" and that "as long as (I) understood that things wouldn't be perfect at first..."


and we opted to NOT send my DD into that school environment.  Honestly, there may be a point at which the chasm between what needs to be and the status quo is just too great to risk it.
It sounds as though this is the case where you are. In our instance, the school was completely clueless, albeit pleasant enough (provided that we didn't ask them to actually CHANGE anything, that is...) and in yours, it sounds as though the administration are out-and-out cruel and callous.  It amounts to the same thing, though-- people who probably should not be trusted with a FA child who is too young to take on portions of his/her own management.


  Can you enroll in the other school with an eye toward returning to your districted school at some point in time?  That would buy everyone some time to work things out.  I predict that even if you CAN work this out-- it's going to take several weeks, if not months, of meetings, and possible OCR involvement.  It may be worth it in the end, and I certainly hope that you DO contact OCR and pursue this, because honestly, I can't imagine my DD at 7yo being okay with wearing a Mr. Peanut necklace for anyone's convenience.  That's so disgustingly wrong that I seriously question the judgment of ANY person who can't see that children shouldn't be forced to WEAR an outward label of their disability or point of greatest insecurity.    That's retaliation, pure and simple. 

If they wouldn't do it to kids with other hidden disabilities, then they'd better not be doing it to FA kids, either.  What sort of labels do the children with epilepsy, diabetes, or mental illness wear, hmmmm?

[YouKnowWho]

We have brought our own snack as opposed to have a communal (and I have extra safe ones in case they or I forget) for three years now.  Both Kindy teachers kept snacks in case a non-allergic child forgot theirs.

I had a preschool tell me it was more inclusive to bring a shared snack in so the kids could feel a part of things.  Really?  How inclusive is it for the kid sitting in the corner while snack is handed out?  Because with a gluten and egg allergy, I was very limited on what could be brought in that was shelf stable and in our case, brands really do matter.  Sure egg and wheat are easy to identify on food labels but gluten free labeling is voluntary and frankly there are no testing rules so you can say GF and be laden with wheat. 

It is inclusive for all kids to take a break and eat their own snack, tyvm.

[becca]

I am not up on the legalities, but popping into say wow!  We do not have a 504 and got alot more accomodations than that.  I think you have great advice WRT retaliation, the Mr. Peanut tag(OMG), and contacting OCR. 

Honestly, the scenario you describe sounds made up, it is so extreme.  I know it is not, but it just sounds awful. 

  and for them:   

I just wanted to jump in to offer some support. 

The way we do things(without a 504) has been assigned seating for lunch.  The tables are not obviously(labelled) free of any allergens, but when children are seated with a peant allergic child, a note goes home requesting others at the table do not send nuts/peanuts in lunches.  Kids do have snacks(each brings their own each day) in the rooms, and in grades K-4, a no nuts please sort of note goes home.  Parties are very specific with sign up lists for exact items.  Brand of chips, Juices, etc... and fruits to avoid if applicable.  Some special events get tricky, but the day to day is pretty good.  Not sure if any of those accomodations are helpful for you. 

Then there are field trip accomodations.  Care plan, and med bag goes with teacher.  She will have all the meds and care plans for all the kids in her class for whatever they need.  I do feel for teachers these days.  It is a huge responsibility.  And when they express that care and concern and *ask8 me to come, I know they care. 

I would worry so much about the environment you describe in terms of the animosity that seems present, regardless of what you get in the end. 

Good luck.  It sounds like the next district over might be the way to go if you are happy with their accomodations. 

[Mfamom]

Hand Sanitizer doesn't kill peanut protein just so you know.  there is a link on the faan site about protocols/procedures for cleaning surfaces etc.

I think that you need to stress to your school that Prevention/Planning is the BEST way to keep a child with MFA safe while attending school. 
Just like a Fire Drill and the planning for that.  I remember getting push back when my ds was in K, sitting there ready to blow and I saw a 3" binder on the shelf in the principal office labeled Fire Drill Policy/Procedures.  I say, when was the last fire here at XX elementary school?   He gave me a strange look, said Never that I'm aware of....I ask when school was established (1948)....so I said, its interesting how fire drill needs a 3" binder stuffed with a plan, the school is brick and cinderblock....but I want you to make a plan for my son who nearly died from a little pb and you won't help me? 

I would lay out what needs covered in the plan along with a way it can be implemented. 
I will come back later and write more, but this school is really prime for a disability/accommodations nightmare if they don't pull their heads out of their orifices. 

[rainbow]

This is crazy.  I'd write a letter
1) insisting on accomodations you had before
2) saying the necklace is ILLEGAL and inappropriate to call attention to the DISABILITY, which is private, and a medical condition covered under FERPA
3)saying that their changing 504 accomodations is also illegal and puts your child at risk of a reaction and does not provide a safe or inclusive learning environment for your child

Also, indicate your observations that
1) there are other peanut free signs around the school, and this is standard procedure in many schools locally and all over USA, so this is certainly doable,  yet refused for your son, creating an UNSAFE environment putting him at risk of reaction
2)Your child in KIND is too young to read labels, advocate for himself, fully understand what foods are safe and manage own allergy to prevent a life threatening reaction (needs assistance of adults such as teacher and nurse)
3) Quote organizations like FAI etc.  regarding safety in the classroom (e.g., FAAAI recommends for shared consumption -- packaged treats with a clear ingredient label indicating that the food is free of the child's allergens)

Reiterate that they are putting your child at risk and you will be holding them responsible, should your child have an allergic reaction at school, since they are not providing a safe environment.
When you put this in writing, they will change their behavior real quick.

Also, attach a copy of the letter from wrightslaw (search on "peanut allergy"), along with their opinion called "when a school refuses..."