LAWSUIT against SCHOOL!

[Lindy]

http://http://www.fox21online.com/news/ashland-faces-diabetes-discrimination-lawsuit

It's an extremely long story! School initially fought 504 - filled out the ADA school discrimination packet, received helped from ADA advocate. He is AMAZING! Got a 504 - school failed to ever implement 504. However we had a great person (LPN) giving care to our son his Kind. year, so while we continued to question the district about compliance with the 504 we didn't make a huge case of it.

Our awesome LPN resigned this past November - due to some CRAZY behavior she had to endure from other staff. We ended up filing a complaint with the Dept. of Education OCR for failure to implement our son's 504 plan.

The next few months were absolute H3LL! The district RN (hired just this past year) felt she didn't need to be trained on our son's equipment as she was "an RN and could figure it out". She and another health assistant admitted they could not pass "all" of the basic competencies for diabetes care, but we were supposed to leave our son in their care regardless. Really?!

The RN didn't know how to dose half a banana for snack one day, so she let him eat it, go to recess and then when they came in called in help from another assistant who I found on the floor in the hallway with my son. She was trying to figure out how to input the carbs for the banana... Really?!

The assistant had trouble with numbers and transposing them or just getting them mixed up. She wrote his BG down as 273 - it was 173. She wrote down she dosed .08 units, it was .80 units. She said she gave insulin at 10:05 - it was 9:05. She was writing down alarms on his CGM that NEVER happened. She would record the wrong time for alarms - way off. She made 6 charting errors in 1 day - 17 errors in 6 days. A nursing student followed her around 1 day and also noted the errors, as well as a newly hired health assistant (first day on the job) noted errors. She was a super nice lady - but making error upon error. When I talked to her about things, she said she was like a cow out of its stanchion and learning to adjust to a new office, and everybody mixed numbers up. Really - that much?!

I was told by the RN that in the 4 walls of school I didn't have a say in my child's care. Really - cause I have a say in a hospital, but not in school?! We were told that the RN could NOT take direction from a parent, and could only follow doctor's orders. OK - so can you explain to us why we have charted in 12 days the fact that you have NOT followed doctor's orders over 27 times? She was going to get back to us on that..... And, when not following doctor's orders you were asked to call us, but never did?!

Our son's medical team advised us to give him more say in his care. So we set him up to start treating his own low alarms, which the RN's felt was unethical. They said if he was going to self treat, they would sit next to him all day. Our advocate told us to call their bluff and send him to school. When he got ot school they made him empty his pockets of any fast acting glucose (fruit snacks). They failed to call us about this, and failed to chart it on the daily log. When we questioned them on it - oh, they charted it - just on THEIR documents they said. Really - you have other documents you are charting info about our son and not providing us - we'd like a copy. That was in February - we are still waiting. Yes - FERPA does come in to play here... And, the reasons they removed his fruit snacks, because they didn't have doctor's orders saying he could - which the doctor said was faxed to them a week prior and refaxed that very day. Now I'm hearing (in the community) it was because they consider fruit snacks a medication and he couldn't carry medicine with him - hmmmm, somebody should have removed his pump then.....

I could go on and on and on - some completely outrageous things have happened. But, I'm the unreasonable parent - over the top demanding. We had numerous meetings - all documented of course.

We did go to every administrator - no help. We did go to the school board, left them a huge packet of info, which the superintendent confiscated at the end of the meeting saying she wasn't sure if the board could see it as it might contain other children's info. The next day when I went to the board members homes and work places to delive the packet, she had advised them to not receive it or look at it as they needed to stay neutral - WTH?! I called the district's MD (who happens to be type 1) - he didn't want to get involved as his responsibility was clear and was just to review a few documents on a yearly basis - and, afterall he said "there is a reason why we homeschooled our children". Really?!

Oh, and that little OCR complaint - we entered in federal mediation and signed an agreement on January 29th. When we had our final meeting on Feb. 18th with the health staff we asked why they were not implementing the OCR Agreement. Oh, they said they wanted to amend it and did we know how that could be done?! Really?!

So our school district didn't have to follow our son's 504 Plan, didn't have to follow doctor's orders, didn't have to follow an OCR Resolution Agreement, didn't have to call parents - they could do whatever they pleased. And we got to play the yo yo game with our child's health.

Our boys are now enrolled in private school - no health assistant. Just a secretary who CALLS me. Imagine that! He is pretty independent and doing great. The psychological warfare is done.

The lawsuit is filed in WI - Western District - case number 10-cv-300. You have to get an account, but it's free and you can read the lawsuit.

Not sure what else we could have done - except pull him out sooner. Our ADA advocate said he's never seen a district go to these lengths to NOT do the right thing... I'm not sure what will happen now - but at least we are seeking accountability somewhere somehow!

[Adinsmom]

Oh Nicky. I have a lump in my throat after reading your strory. I am so sorry. I am glad the boys are doing better in there new school and that you are pursuing this in the courts.

[Flutterby]

WOW, I can't believe a school district would go to such length.. why? what does it benefit them? Those that are in schools do so not for the money but for their passion of teaching children.. where is that in this school district?!

Keep us updated on whats going on.

[swellman]

Just .... Wow. That would have most likely resulted in my having an aneurysm.

[Heather(CA)]

If anyone deserves to get sued it them! After reading what you just wrote, I hope you make heads roll....There is no excuse for that. none.

[Melancholywings]

I just wanted to say that you are awsome for staying strong through all of that. And for fighting for your child.

[sam1nat2]

way to fight for your kid!! (ours too as a result) Thank you for doing what is right!!

[jules12]

Wow - way to stick with it - I know you probably felt like giving up many times. Definitely, let us know how it turns out.

[Becky Stevens mom]

Nicky you guys are awesome!!!! I know you are fighting for Cooper's rights but ultimately, you are fighting for every CWD that attends public school in this country. Schools have to stop thinking that they are above the law! That they are some how exempt from following 504 plans. And the nurse saying that YOU dont have the right to care for your own child in school I cant even think of what to say about that! She should have been dismissed a long time ago before your son or someone else was badly hurt or worse due to her negligence. Now the school will have to pay the price for keeping her there and I hope they do. I hope they are made an example of for other schools to see that we have rights in public schools and that our federal laws are nothing to snear at and ignore

[hawkeyegirl]

Nicky, it is absolutely absurd that it had to come to this. I'm sorry that the public schools failed you, and I hope that you get a quick hearing and that the school is smacked down bigtime.