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Thread: I'm lovin' the ADA -- and the lawyer they got me for the 504!

  1. #1

    Default I'm lovin' the ADA -- and the lawyer they got me for the 504!

    I'm thrilled with the Chicago chapter of the ADA! We had our 504 meeting at the school last week that did not go well. The school says Carson has to have learning issues in the classroom to qualify for a 504, yadayadayada. The ADA sent an advocate with me to the meeting and provided wonderful advice and tips for me before the meeting.

    Even with a lot of work and preparation, the meeting did not go well -- the school refused to read anything I sent them about the legal rights of students with diabetes -- and they refused to listen to a word that the advocate said at the meeting.

    So, exactly 1 week after the meeting, I officially have a lawyer in Chicago who works with the ADA and will represent me pro bono. I googled the lawyer and he has quite an outstanding background in advocating for children with diabetes.

    He will be drafting a kind, but firm letter to the school. I hope that is all it takes!

    Thank you ADA!
    Brenda, dx'd type 1 6/07 at age 30 while in the TrialNet research study. T-Slim 9/14, Dex 9/14, Celiac (3/07).
    Mom to Carson, age 14, dx'd at 9 months. Cozmo (1/05) Navigator (3/09), Dexcom (8/10), currently on T-Slim (4/13)
    And Mom to Henry (nond), age 10, training for the US 2024 Mens Gymnastic Team

  2. #2

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    Good news !!!!
    "A" mom to: 2 boys.
    Wife of "R"
    "T"-13yrs. old, Dx 10-2-07, pump on 8-21-08, Humalog: ADD Dx 4/2007 : Guardian CGM 9/29/10
    "E"-10yrs. old Non-D, Asthma

    "Life is not measured by the number of breathes we take. But by the moments that take our breathe away."
    "God doesn't give us what we can't handle. God helps us handle what we are given."

  3. #3
    Join Date
    Jul 2008
    Location
    Connecticut
    Posts
    969

    Default

    I'm glad that you are getting help, but sorry you have to deal with this. How was the school last year?
    Amy
    mom to Hanna,age 16, dxd 2/18/08. Animas ping 9/08-5/12. Medtronic revel and cgm 5/12-3/13. Omnipod 3/13 Novalog; Dexcom 11/13
    2014-using mostly Medtronic but occasionally a pod.

    Josh, 19 non-D
    Rachel 14 non-D
    Eliana 5 non-d
    http://lifeindiabetesland.wordpress.com/

  4. #4

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    I am glad that you have someone on your side to help you fight it out. However, it is such a shame that it had to come to this. I really do not understand how the people in charge at the school could be so stupid.

    Best of luck
    Kristi mom to son, Kaleb 19 dx 12-15-07 pumping with blue PING 11-17-08 and daughter, Riley 13, non-D
    One by one the penguins steal my sanity.

  5. #5

    Default

    The school itself has actually been wonderfully accommodating. They take excellent care of Carson and never hesitate to call me if they have any questions. They're very flexible and understand the day to day nature of variable blood sugars.

    BUT, the problem is the school psychologist and his staff of special education teachers. The school psychologist is the 504 coordinator and he is living with some warped view of what a 504 is. It was very very unfortunate on his part (and the principal's part) to not read ANY of the information I sent them about the legal rights of students with diabetes.

    Even after I read him the actual law, he said "well, that's not how we do things here."

    I'm pushing for a 504 this year because Carson will start standardized testing and I want him covered if he's low during the test. Without a 504, he will get a zero on the test if he needs to treat a high or low blood sugar. At the meeting I pointed this out to the principal, and she said, yes, that's true. But we do not give 504's just for tests and even if he has to get a zero, the tests don't mean anything anyways......

    We have also had a couple of issues where the teacher or substitute teacher did not follow the DMMP and Carson ended up going VERY low because of it. (Forgetting to check blood sugar before a spontaneous recess, and the substitute once forgot to have snacks even after the nurse said he's had his insulin and he needs a snack now. That was bad.....) So for obvious reason's I want a 504.

    I don't want to jeopardize my relationship with the school, but it's turing a little sour. They are currently undergoing a 6 week "evaluation" period where they are evaluating Carson's learning ablilities in the classrroom and pulling all of his past academic records. (Completely irrevelent.) So the teacher is timing him on how long he is at the nurse's office. Fine - the problem is that she made it his ACADEMIC goal for the week to "be quicker when going to the nurse's office for a regular blood sugar check." Ugh, don't get me started about the psychological implications that can have on him. The longest he's EVER been out for a regular check since this started was 6 minutes. WTH is he suppossed to do if the nurse is on the phone and it takes 8 minutes? Feel like he's flunked? Of course that's how he'll feel. I'm pretty mad at this point that they're dragging Carson into this.....

    Anyhow, I'm all lawyered up and ready to go!
    Brenda, dx'd type 1 6/07 at age 30 while in the TrialNet research study. T-Slim 9/14, Dex 9/14, Celiac (3/07).
    Mom to Carson, age 14, dx'd at 9 months. Cozmo (1/05) Navigator (3/09), Dexcom (8/10), currently on T-Slim (4/13)
    And Mom to Henry (nond), age 10, training for the US 2024 Mens Gymnastic Team

  6. #6

    Default

    I'm horrified that schools do this. Just horrified.

    I'm glad you found a good lawyer, Brenda, and hope it all gets cleared up soon.
    Mom to J., age 10
    Dx 2007 @ age 3
    Medtronic pump and CGM (4/2008-6/2013)
    Tandem t:slim and Dexcom G4 CGM (current)
    CGM in the Cloud 7/2014

  7. #7
    Join Date
    Mar 2008
    Location
    Clinton, MA
    Posts
    1,678

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    Go Get Em Tiger!!!!!!!!!!!!!!!
    Beth in MA
    Mom to Alex-8- DX 4/2/07, Omnipod 3/11/08

    Andy-9
    Kira 4 yrs
    Wife to Scott(a.k.a Saxmaniac)

  8. #8

    Default

    That is AWESOME!! Keep us updated on how its going
    K, 11yrs, dx 1/06 @35months
    Pumping Since 7/06 w/ MM
    PUMPING w/T:Slim 5/14
    Apidra
    Celiac dx 5/08
    Cgms-ing 11/07
    Dexcom G4 2/14
    Podding for 'tubing' breaks 4/11

  9. #9
    Join Date
    Feb 2007
    Location
    New Jersey
    Posts
    1,450

    Default

    Brenda....I so HATE that you have to have a lawyer, but girlfriend in this case I am glad that you do! And I am glad that it is a good one at that! Here's to a successful and hopefully VERY short battle!
    ~Cami Noel

    Mom of Aidan, 13 years old, diagnosed @1, pumping for 9 years-MM722 & since 10/8/08 MM CGMS
    Mom of Austin, 14 years old, no-diabetes, IgA Nephropathy (Berger's Disease), Growth Hormone Deficient

    Wife of Keith, 44 years old, diagnosed @8, pumping for 15 years-MM722

    This is our story:
    http://www.youtube.com/watch?v=Gj-841SJhhE

    "Try not to worry about what tomorrow may bring and just enjoy today"

  10. #10

    Default

    Quote Originally Posted by BrendaK View Post
    The school itself has actually been wonderfully accommodating. They take excellent care of Carson and never hesitate to call me if they have any questions. They're very flexible and understand the day to day nature of variable blood sugars.

    BUT, the problem is the school psychologist and his staff of special education teachers. The school psychologist is the 504 coordinator and he is living with some warped view of what a 504 is. It was very very unfortunate on his part (and the principal's part) to not read ANY of the information I sent them about the legal rights of students with diabetes.

    Even after I read him the actual law, he said "well, that's not how we do things here."

    I'm pushing for a 504 this year because Carson will start standardized testing and I want him covered if he's low during the test. Without a 504, he will get a zero on the test if he needs to treat a high or low blood sugar. At the meeting I pointed this out to the principal, and she said, yes, that's true. But we do not give 504's just for tests and even if he has to get a zero, the tests don't mean anything anyways......

    We have also had a couple of issues where the teacher or substitute teacher did not follow the DMMP and Carson ended up going VERY low because of it. (Forgetting to check blood sugar before a spontaneous recess, and the substitute once forgot to have snacks even after the nurse said he's had his insulin and he needs a snack now. That was bad.....) So for obvious reason's I want a 504.

    I don't want to jeopardize my relationship with the school, but it's turing a little sour. They are currently undergoing a 6 week "evaluation" period where they are evaluating Carson's learning ablilities in the classrroom and pulling all of his past academic records. (Completely irrevelent.) So the teacher is timing him on how long he is at the nurse's office. Fine - the problem is that she made it his ACADEMIC goal for the week to "be quicker when going to the nurse's office for a regular blood sugar check." Ugh, don't get me started about the psychological implications that can have on him. The longest he's EVER been out for a regular check since this started was 6 minutes. WTH is he suppossed to do if the nurse is on the phone and it takes 8 minutes? Feel like he's flunked? Of course that's how he'll feel. I'm pretty mad at this point that they're dragging Carson into this.....

    Anyhow, I'm all lawyered up and ready to go!
    LOL.. That isn't how we do things here is going to get him REAL far.. I have a friend who is a subsitute teacher at her kid's school, new principal this year, her son as sensory issues, add, and tourrettes syndrom.. they have a 504 and the neuro put in his medical guildlines that he's NOT to loose recess as a punishment he NEED that recess, physically needs it.. the principal told my friend that if he doesn't not behave he will ABSOLUTELY loose recess and the neuro is way out of line for even suggesting it I told her it wouldn't fly with me if that was my kid, thats like the principal telling me when Kaylee will get her insulin.. she won't fight it because she doesn't want to loose her subsituting job.. we have a great place to turn to, the ADA, and they'll step up and make sure that the school is following the laws, it may take a while, but it'll get done.. I don't know where she'd turn for help..she's fought for certain things, but she's scared of this principal..

    I just don't understand how people in school positions don't care about the kid.. it doesn't hurt to follow a 504, it doesn't cost them more.. so I don't get why they don't want it (not just your school, but schools in general..) Didn't people go INTO teaching to help mold the future?

    Good luck, and I hope the principal sees the error in his ways soon! And timing Carson at the nurses is rediculous.. what if he's low and has to treat, or high and has to treat, test ketones?
    K, 11yrs, dx 1/06 @35months
    Pumping Since 7/06 w/ MM
    PUMPING w/T:Slim 5/14
    Apidra
    Celiac dx 5/08
    Cgms-ing 11/07
    Dexcom G4 2/14
    Podding for 'tubing' breaks 4/11

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