Liability Release

[Green Thumb]

Regular poster in disguise.  If a school were to agree to put an accommodation in a child's 504 that allowed for administration of epi by a trained delegate during a school sponsored function, can they require the parent to sign a new and different liability release beyond the standard state release that all the other parents of children with epipens are required to sign?  What if the trained delegate who would be administering was not an employee of the district, but an employee of the contracted company such as a before/after care provider, lunch service provider, or a bus driver, etc?  I have a call into OCR to pick their brain.  My gut tells me that the parent should not be required to release the district and/or the contracted provider from more than if the district themselves were providing the trained delegate. 

[ajasfolks2]

Whoo, boy.  This one I'll have to think about. . . .

My gut says no different release.

[guess]

I run them by my attorney if for no other reason to let him know what's going on or changing. 

[Green Thumb]

I ran it past two attorneys.  First one said not to sign it.  His thinking was the same as mine.  FAPE responsibility lies with the school.  Having a contracted company provide an accommodation is between the school and the contractor. I should not have to release the school and the provider from more than I would have to release them from if the school were providing the accommodation. 

The second said to sign it.  Second said that even if it released them from more, it wouldn't stand in the event that something happened and we chose to sue.  The state law releases them from accountability for certain good faith acts or omissions.  He said no release would change that, no matter what it said. 

He also didn't think the additional wording added anything substantial.  He called it a distinction without a difference. 

Lawyer 1 is exclusively a sped lawyer and does not back down from a fight.  Lawyer 2 does very little sped but is an excellent atty otherwise.  He likes to choose his battles. 

[Macabre]

I would agree with the first attorney. 

[guess]

I'm betting mine would go with atty #1 and I would agree.  With regard to mine when they want me to sign something that isn't in compliance then even if the law of the land wouldn't make that enforceable I tend to notice that when I don't draw a line on compliance the tone of the transactions change.  It becomes a power play where they set the tone and I keep following or else.  You'll have to draw the line somewhere even if you sign this release.

Call state ed or OCR as a tie breaker.  Or maybe ask for clarification really draw it out to get some more in writing from them what their intentions are. The more they would pressure me to sign as fast as possible the least likely I would sign it.

My personal opinion based on our own experiences.

[Green Thumb]

I also agree with atty 1.  Hopefully I'll hear back from OCR tomorrow.  I'm sure all the staff members are clamoring over which lucky person gets to deal with me on the phone. 

[Macabre]

Hey--you are just sharpening their skills.  They should be grateful to you for all you do for them. 

[Green Thumb]

Hey--you are just sharpening their skills.  They should be grateful to you for all you do for them. 

I'm just a helper that way. 

[CMdeux]

I think we all identify with being such great team players here.   

Agree that though Lawyer 2 is probably right (that is, this is about what I've been told by OCR and DOJ both re: my child's rights and 'releases' or 'agreements' that abrogate them), the larger issue is the power play happening.  If you play along now, then at what point do you opt not to play anymore?  For that reason, I find it important to me as a parent (emotionally, I mean) to have my kid's back-- her rights are hers not mine.  KWIM?

[Green Thumb]

OCR never called me back.  Don't they know that ignoring me will not make me go away? 

[guess]

Call Justice and hang on with the jaw grip of a Moray eel.  Neat fact, Moray eels have a second set of inner jaws.

In all seriousness, ask the central question of what you do when you've exhausted all remedies and procedures with OCR and where does the case processing start with Justice on ADA under Title II.

[ajasfolks2]

I had to laugh as I picture you, the Moray eel, against OCR or school district.

The narration on this is funny . . . just sub you for eel and SD for octopus.   

Moray Eel VS Octopus- 3 Different Face Off's

[Green Thumb]

Call Justice and hang on with the jaw grip of a Moray eel.  Neat fact, Moray eels have a second set of inner jaws.

In all seriousness, ask the central question of what you do when you've exhausted all remedies and procedures with OCR and where does the case processing start with Justice on ADA under Title II.

Any idea how to get the attention of DOJ?  I've called the ADA specialist line twice and was told they could not help me.  I called their Civil Rights division.  No response.  I emailed.  No response.  Certified letter?? 

[Green Thumb]

I had to laugh as I picture you, the Moray eel, against OCR or school district.

The narration on this is funny . . . just sub you for eel and SD for octopus.   

Moray Eel VS Octopus- 3 Different Face Off's

That is really funny!