504?

[hrtmom3]

I am asking this question for a family I met last night. Since Tim is homeschooled and has been since prior to dxd, I am not to sure on some of the info I gave her.
The child, whom I think she said is in 4th grade, was dxd this last April and is on MDI soon to be going on the pump. The mom leaves work each day to go give her daughter her shots. I believe they do not have a 504 in place. What I need to know is when a 504 is put in place for a younger child who cannot or will not do their own shots, can it be put in the 504 for school personnel to do or is the shots something they can get away with saying they will not do. Also when she goes on the pump, how does that work with a 504. How much can this parent ask of the school personnel?

[Tamara Gamble]

I don't know the state laws for Washington. I'm assuming it's Washington and not Washington D.C.

Here's the deal, federal law states that the child must be accomodated to level the playing field. This would include the school administering injections, knowing the in's and out's of the pump and everything else for that matter. Federal law usurps state law. So, if state laws say that only a health care proff can administer insulin etc. They must provide the health care proff, if they refuse the family can: File with the Office of Civil Rights and make them comply based on federal law where a non health care proff can deliver services and the school must provide this person usurping state law or the school can be forced to provide a health care proffesional.

Your friends need to call 1-800-diabetes and ask for the discrimination package. Also www.diabetes.org and look up the ndep guide, sample 504 and health care plans both designed by dredf. They also need to look up state laws in regards to delegation and see how they can sneak around things or make the school comply.

A few notes: They must have alot of documentation all phone calls issues dates etc to file with the OCR. So they must show their requests for certain accomodations and the schools denial of care. It also takes about six months to complete the process so it's not a quick fix. Make sure they have gone through all avenues. Write a letter requesting a 504 is number one. They need to attempt to get one. What the child needs must be clear and non compliance must be proven.

If this is of an urgent nature call the 1-800 number above and ask for an advocate for your state. She or he will know your laws.

Good luck to you!

Tami

[Lindy]

NO - the school must provide someone to care for that child for the entire school day (even on field trips). So mom can say she is not able to leave work and the school (if public) must come up with the appropriate accomodations - it's the LAW!!

Now - maybe mom is not comfortable with the school caring for her child.. It's a struggle that many of us face or are soon to face.. Some people are blessed with wonderful health care staff at their schools and some have not such a good situation... But, regardless the mom should get a 504!

[momtojess]

The school is required to do all care that the child would need while there. Even if the mom doesnt mind runnin gup there everyday, I would still recommend making them provide someone any..Just as an "incase", then there will be someone trained to do it.

We are in the midst of fighting for a 504. In fact, we just got the formal complained filed with OCR today since we were denied twice. If the parents have to go the route of filing a complaint, I would suggest contacting the ADA and getting them to help with the wording. Thankfully we have a wonderful laywer (thanks to people on this site passing the messge along) who wrote our compalint for us. The guy at OCR actually told our laywer what to write, word for word.

Good luck for your friends.. If they have anymore questions, just send me a PM and i will give you my email. I have learned alot in the last few months during our fight.

[hrtmom3]

Thanks for all your help. I had told the family that I believed the school could not refuse to help with administering the shots but thought I might be wrong when even the CDE looked surprised when I said it.

[frizzyrazzy]

Washington State has a policy in place already so I would suggest that your friend take a look at it and see if she can get some info from it:
http://www.k12.wa.us/healthservices/careofstudents.aspx

[hrtmom3]

First let me say, this is not even a friend of mine and I may not even ever see this person again. I was at a class the other night and was told from the CDE and parents that the school would not do the injections. I also learned that there was no support group, which now am considering starting one up. My child does not attend public school, but I have very strong feelings that ALL children have the right to feel and be safe at school.
I did find some info in the Washington Guidelines for Care of Students with Diabetes. It states " The drawing up of insulin, verification of dose, and injection can be done only by the student (if able), a parent, a family member, a PDA, or licensed staff (R.N. or L.P.N.). Nonlicensed school personnel, other than one who is a PDA may not assist with the syringe, but may, with instruction and supervision from the school nurse, verify the number shown in the 'window' on the insulin pen"
It also states that nonlicensed school personnel, other than one who is a PDA, may not assist with the pump, but may with instruction and supervision from the school nurse, verify the number shown on the screen of the insulin pump."
It also states the "the school nurse is ultimately accountable for the quality of the healthcare provided during the school day to students with diabetes. She or he has the responsibility of consulting and coordinating with the student's parents and healthcare provider to establish a safe, therapeutic learning environment."
So with all that said, the school nurse can, but I am still searching for info that states the public schools must provide a school nurse at all times when the d child is in attendance and that they must administer the syringe if needed. Thanks for your help and I am off to search some more. I am trying to get all this info together to present to the CDE on Tim's next visit which in a few weeks.