504 for hs going to be a fight

[Mfamom]

looks like i am going to need some 504 help. 
ds now in HS and his plan was reviewed and updated end of 8th grade and transferred to HS.  I have attempted to follow up with different people regarding the plan and have been told that they are reviewed (was this past tues) and I'll get a signed copy in the mail. 
I spoke with assist. principal about cafeteria and he pretty much said, well we have many students with lta, none consider eating in cafe. are you sure blah blah. 
I have a somewhat productive conversation with him (he ate at ms cafeteria) after mentioning that he does have a 504 plan.  So, he gets the info for me and i'm comfortable to let him eat there. 
yesterday, my ds goes to the nurse to give her his updated excuse from PE.  She says OH.  You're the FAMOUS (son's name)!   says, yeah well we reviewed your 504 plan yesterday and you need to tell your mom to call me.  Its very Ele men tary.  You're a big boy now blah blah.
Today, I get an email from another Assist. Principal that is asking me to come in to meet with the "team".  Two dates for next week are given, with a request for "documentation" from his doctor, with a diagnosis and doctor recommended accomodations. 
I call to make the appt.  she calls back .
Long story short, she tells me that the school has policies already in place. (you all already know where this whole thing is heading, I'm sure).
I tell her that I will have the doctor put a current date on the letter that is already on file since nothing has changed since the letter was written/submitted in 2005.  she says they need "more" and I should include his testing numbers. 
then she tells me that accommodations must be doctor approved/recommended.
Then she asks if there is a "learning" concern (with the tone of learning needs to be affected)
So, I say who will be at the meeting that is certified to interpret/understand his allergy scores?  she tells me the nurse. 
At this point, I pretty much hand her a can of whoop a** and quickly address those points and we have a pretty heated exchange.  I could hear her back down a tiny bit because she couldtell that I wasn't going to be intimidated by her.
So, in an email she wrote at 9:05am, she gave me two dates, 9/18 & 9/19.  not even 45 minutes later, she gives me 10/9 or 10/10.  I say, I'll take 9/18....she tells me the date is now taken.  I say oh really.  in 45 minutes two days of appt. are now gone?  Are  you sure? 
So, then I insist she follow the plan until then, that she personally makesure his teachers are aware of his health concerns, that he is fully included etc.  I ask who his delegates are and if he knows.

Going to be ugly.  I can feel it.  Now, I can't find his updated plan.  looking everywhere for it.  I guess that if she wants to give me a hard time, she can go right ahead.  I do need a refresher...will be happy to hear input and I'll be reading in school resources a lot the next few weeks.

[Macabre]

Oh, I'm there with you, although we didn't have to do all that to keep the 504. We were just insistent. 

But I did some brush-up reading before the meeting.  I looked at our case statement to remember the major life activities we highlighted and to be able to speak to why any of them would be relevant.  So--be conversant in the major life activities that are affected by your son's disability.

I became familiar with the vocabulary again.

I read the OCR page.

I read the Rehabilitation Act.

I read the ADAA.

I read the 504 Links and Tips

I reread Rhonda's advocacy stuff--google 504 primer, and a key page will come up. 

Stinky's thread (I sent her our stuff when she started going through her process, and she took it much farther).  Read in particular her responses to the school attorney.



I'm sooooo glad I did some reading in advance.  I was prepared. 

Our HS doesn't do 504s for FAs (we were told otherwise).  They wanted my DS to handle things a certain way, if you'll remember. They were adamant.  I made the comparison with another disability. 

I was in a very similar emotional place two weeks ago. ((hugs))

Egads, why does it have to be so hard?

Remember:

You want him to have this in college (I told our school that, too)

His condition hasn't changed. 

He qualifies for a 504; you don't have to address need.

[CMdeux]

   What she said.


Last spring, recall, I went several rounds with our 504C who wanted to call our review meeting an "eligibility" meeting.

I sought out written clarification on that point, stating that since the condition and its management had not changed substantially in the preceding 6 years, there seemed no basis for any reevaluation of ELIGIBILITY.

I won that point, by the way.  There was a lot of backpedaling in a hurry when I went into documentation mode and insisted on a written explanation of why "eligibility" was in need of review.


The other reasons why we MUST have a 504 plan in high school are:

a) seeking accommodations both in college (as noted above), and

b) seeking accomodations from ACT/The College Board-- which you WILL need if you plan to have your student have the ability to keep medication with them during the SAT or an AP exam.

In both instances, other agencies, unfamiliar with the student, pay very close attention to how the condition is handled by the school.

[Mfamom]

Thankyou!  Cm thank you too  reminding me of sat etc.   I cant believe I basically sailed through Elem and Ms and now they are going to give me trouble.  It is a different district but didn't expect trouble

[chase]

In CA my son took the SAT twice and neither time did they question him about his Epi-Pen.  He has an Epi holder that hangs from his belt.

[momma2boys]

I don't know if you rememer or not, but my school district decided at one point they were getting rid of all 504 plans and replacing them with action plans.  I refused to budge, got lots of help here drafting a letter and the tone of conversation shifted from first names to Mrs. ****.  In the end, I think my ds is the only one to still have a 504.  I will find the letter for you .

[momma2boys]

Here is part of the conversation here...

http://www2.ed.gov/about/offices/list/ocr/504faq.html

15. Once a student is identified as eligible for services under Section 504, is that student always entitled to such services?
Yes, as long as the student remains eligible. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student's mental or physical impairment no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services under Section 504.

Per our conversation on _____ date at ______ location, I was given the impression by you that a district employed physician would like to remove my child's 504 designation.

As stated in ______ section of the 504 law, a child's 504 designation cannot be removed unless the child's medical status has changed. (put the direct quote here) I will refer to the copies attached of the physician's letter you have on file already regarding my child's disability. My child's status has not changed, therefore his 504 designation should not be modified.

Since the district's physician has never met my child, nor is he my child's personal physician, I have to question the intentions and credentials of this district employed physician. Is he a board certified allergist? How many years of allergy training has the physician had? Where did he perform his allergy fellowship? What are his credentials that qualify him to override my child's personal specialists recommendations for safety during the school day?

Could you please confirm to me in writing that this is still the case and that the district will not be considering illegally removing my child's 504 designation? (this part probably needs to be re-worded but you get the gist)

Thank you.

[CMdeux]

In CA my son took the SAT twice and neither time did they question him about his Epi-Pen.  He has an Epi holder that hangs from his belt.

Yes, most test proctors won't give a kid any trouble--

but 'most' there very definitely does NOT mean "all."

This is also why the ADA recommends strongly that students with diabetes get accommodations through College Board.  Because it is effectively at the largesse of the test proctors on the day of, otherwise.

[Macabre]

Momma2boys:  bowing low.  That is brilliant.

[momma2boys]

Actual letter....

Per our conversation on Monday, ********* outside your office, I was given the impression by you that a district employed physician would like to remove all district 504 designations. I'm deeply concerned about the legality of this.

According to 504 law and the Office of Civil Rights, a child's 504 designation cannot be removed unless the child's medical status has changed. I will refer to the copies of the physician's letter you have on file already regarding my child's disability. My child's status has not changed, therefore his 504 designation should not be modified.

Since the district's physician has never met my child, nor is he my child's personal physician, I have to question the physician's ability to diagnose or offer specific advice regarding the management of my child's complex, life-threatening medical condition. Is he a board certified allergist? How many years of allergy training has the physician had? Where did he perform his allergy fellowship? What are the credentials that qualify him to override my child's personal accommodations for safety during the school day?

I was also under the impression from our discussion that the district is seeking to reduce district expenses by removing my child's aide. Although I can understand the need to trim costs during such trying economic times, we have already had the 504 meeting for the Sept **** school year. The aide has been agreed upon as a necessary accommodation. This year will be his final year with an aide and is being used to evaluate the transition before he is alone.  I am not willing to experiment with his safety without someone qualified to treat him close by.  Furthermore, I do not consider a demonstration of the practice Epi-pen and passing it around the room as sufficient training of staff to leave him in that situation.  Mrs. **** is familiar with his reaction history and symptoms and is there to treat him immediately, rather than wait for the nurse.  Her only concern is him, not the other 24 students in the class, causing a teacher to miss what may be the start of a reaction.  ***** had a severe reaction while at home, requiring emergency transport, in the safety of his own home, so I can guarantee you he has no "false sense of security" in school.  In all actuality, he is more frightened than ever of having a reaction.  I expect that Mrs. ***** will be with my child again this year as his aide. Could you please confirm to me in writing that this is still the case and that the district will not be considering illegally removing my child's 504 designation.
I have contacted the Office of Civil Rights and The Department of Justice ADA Information Line regarding this situation, and would request we wait to meet until I have further information from them.

Thank you.

[momma2boys]

Macabre, thank you, but I had a lot of help from members here.  Let me tell you, it did the trick too!

[CMdeux]

Yup.  Crisp and right to the point.     Works like a charm to just "rephrase and reflect" their own implications back at them.  In writing, of course. 

[rainbow]

Two things that might be most helpful:

1) ADAA 2009 Amendment that states that LTFA *is* a qualifying condition for Section 504
2) OCR Letter to Gloucester

Be sure you have these documents for meeting...or share in advance if you are writing them a letter.

Interesting that High Schools try to revoke the 504 Plan, yet colleges are fine with it and understand the need for accomodations.

I really don't like the condescending attitude of your nurse, to the child or parent. 

[rainbow]

Also, think backwards about accomodations you need (e.g., sports practices/games, field trips etc) and why the 504 is necessary.

[Macabre]

Rainbow, does ADAA actually specify LTFA, or does it broaden the scope of major life activiies so that it's easier to draw that circle around ltfas--including addressing mitigating measures and episodic conditions?

Mfamom--i could be mistaken, but when I went looking for specific mention of ltfas I couldn't find it. But look for yourself--just want to make sure you can know before the meeting.

Also, please read this really excellent article.  See the new cases that involve OCR ruling on affecting learning. The whole thing is good to read in terms if a clear overview and case histories.

http://www.wisbar.org/am/template.cfm?section=wisconsin_lawyer&template=/cm/contentdisplay.cfm&contentid=92733