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504 fight is on.

Discussion in 'Parents of Children with Type 1' started by Kaileen, Dec 17, 2008.

  1. Kaileen

    Kaileen Approved members

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    I've been fine with the health plan we've had in place for Deirdre. But I always said, one screw-up and it's 504 time.

    The screw-up happened. Both our kids went skating today. Deirdre has a cell phone that she takes with her for emergencies. Today she didn't have it. Rick, however, did. He took it out to give to her while on the field trip. He had his phone taken away and got one Oops! card removed.

    My son is devastated. He tried to help his sister and got punished for it. The only time he's ever had a disciplinary problem was his first kindergarten year: he got aggravated and threw a pencil (not at anyone: just threw it). He didn't tell me until Monday morning because he was so ashamed.

    The Oops! cards have caused a direct problem with Deirdre: she tends to talk a lot when she's high, and when she does, she gets a card taken away. They get 5 cards a year: after all five are gone, it's a countdown to a principal office trip. Deirdre lost all five of hers already this year. I think this could have been prevented.

    So it starts. I spoke with our 504 coordinator, who wants to meet after the first of the year. Fine. But he wants to update the health plan instead of going into a 504. I'm not happy about this. I want her covered under 504. He said they are held just as responsible for the health plan as a 504. I don't know if that's right: from everything I've read on here, it doesn't sound right. I want an eligibility hearing for a 504. I don't want a health plan.

    Mama bear is out, and she's grouchy.
     
  2. joyfulheart

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    what state are you in???

    Here in Texas, you can request a 504 and they have to give you one for diabetes. It's actually listed as one of the possible necessities for a 504.

    There's also advocates that can help you fight for what you need if necessary.


    My first move would be to write a letter to the principal, CC all the teachers involved and explain the cell phone incident. NO kid should be punished for helping a medical need. I would ask the card be returned immediately now that they know the details.

    As far as the daughter's cards taken away, you might not be able to get those returned. At least, I know my kids school probably wouldn't. But, you can REQUIRE that if the teacher observes behavior (like excess talking) she immediately be sent to have blood sugars checked. IF they are fine,and the daughter is misbehaving than punishment is appropriate. But if they are high, than no punishment should be given.
     
  3. Kaileen

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    I'm in Mississippi. James is going up to talk to the principal tomorrow about the cell phone. If they don't listen to him, I will write the letter.

    We can compare her logs from the days in question and see if she was running high or low. We'll have all of those with us at the meeting. And don't worry. I do plan on calling an advocate and seeing what help I can get. I know we're not doing this alone. :D
     
  4. HeatherJakesMom

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    I'm in Mississippi, too, and I have met a brick wall every time I talk to someone about a 504. We are not having problems, but I want it in place for when those times come. The school has been very accomodating but we don't have a school nurse.

    The statement that bothered me most was...504 are for children with special needs...educational needs...They just don't get it!!
     
  5. Kalebsmom

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    They are not the same thing. If you have a health plan and the school does not follow it there is not much you can do. A 504 is a federal plan and as long as the school gets federal money they have to follow it. If they don't you can file a complaint and they lose fed money. Kaleb's school did not want to do it in the beginning as it requires a lot of paperwork. Too bad.

    I would not stop until you get a 504. Also Kaleb can not get in trouble such as your daughter is, if it is D related. That does not mean he can punch a teacher and blame it on a high, but if he is a little grumpy and proved his bg is high they have to over look it.

    The one thing I forgot to have in his 504 is the use of his phone. So far, we have not had any issues. He did have it taken away earlier in the year but they gave it back at the end of the day.
     
  6. Becky Stevens mom

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    We wrote up a 504 after there was no nurse at the school to care for Steven. A 504 is a legal piece of paper that says exactly what they are responsible to do. If you ever felt the need to contact an attorney it would be better to have one in place. Type 1 diabetes is considered a disability under federal laws and therefore is entitled to a 504 plan. Many schools do not like this......tough. You go mama bear! we are with you and they better not pick on that little boy ever again!
     
  7. mollgirl

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    We had our endo sign his 504 but we haven't had a meeting on it yet. It is cognitive and the Dr. wrote that on the form also.
     
  8. Sarah Maddie's Mom

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    I think it helps to remember that the "504" to which we refer so often stands for section 504 of the Americans with Disabilities Act and is federal law. I think we sometimes lose sight of this and allow school administrators to suggest that it's just another name for a school policy. Wrong, it's a legal document supporting and expressing a "disabled" child's right to equal protection under federal statute. And that protection in the school setting is interpreted as making necessary "accommodations" ie, changing, bending, adapting existing school policy to meet that child's individual needs.

    Just don't take no for an answer.
     
  9. Beach bum

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    You need to call the ADA and get an advocate.

    The 504 and health plan are two different things.
    The 504 spells out what accomodations your child needs such as not being disciplined while bg's are out of range, what to do if bg's are high low during testing in classes, allowing to test bg's anywhere on campus, allowing to carry a cell phone.

    The health plan is what to do for your child when bg's are high low, how and when to administer insulin, when to test.

    A health plan will not protect your child from disciplinary action.
     
  10. Kaileen

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    I called. They're emailing the form for me to request an advocate.

    He's not getting his card back: and I'm even more upset because I found out Deirdre did not have her kit with her yesterday when they went skating. She did have her bracelet on, but no kit. Her teacher should have had that on her checklist and made sure she had it. Rick always carries spare snacks in his pocket in case she goes low (his idea) but her care should not be trusted to her 10 year old brother. I'm still darn proud of him for helping to take care of his sister.
     
  11. BozziesMom

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    Oh that's total crap. Get 'em. Get 'em bad. I'm livid over here...
     
  12. Kaileen

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    This is the email I just received.

    I called and left you a message earlier this morning, but wanted to follow up with an e-mail to make sure that you received this information. The district nurse, the teachers who teach Deirdre, and myself would like to meet with you and your husband to update the health plan for Deirdre on Monday, January 5th @ 10:00 a.m. The meeting would take place and we would ask that you bring any new relevant medical information for us to include in the plan as well as contact information for physicians and nutritionists involved in treating her.

    Please let me know if this day and time will be convenient for to meet or if we will need to reschedule for another date and time.

    Here is my response.

    Thank you very much, and I'm sorry I missed your phone call.

    The date and time below will be fine: but we are requesting a 504 meeting, not just one to update her health plan. The health plan only covers medical needs, such as injections, timing, and authorization. The 504 also covers possible disciplinary action. For example: as I said yesterday, Deirdre tends to talk a lot when her blood glucose is high. If she is disciplined because of that, a health plan will not cover that. A 504 plan will.

    Diabetes is covered under the Americans with Disabilities Act, and all I want for my child is her right to a fair education despite her disability.

    Thanks again for your time.
     
  13. Dad of Daughters

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    Kaileen,

    I applaud you for your email, good tone, firm stand on your expectations. I feel that the more positive the relationship between parent and school, the more effective the service provided will be. I hope they are not steering you away from your 504 rights, but perhaps just inexperienced on this matter. Contrary to a thought either from this thread or the one on the OT forum (can't remember right now), a 504 is NOT very burdensome in terms of paperwork for the school, so I'm always surprised to read about the challenges that come up, perhaps I'm naive. I'm interested in the response to your response.
     
  14. AmyMcCracken

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    I think you are doing the right thing. While it may not be an issue now, down the road your daughter needs the 504 plan. This is especially important when the standardized testing starts. The 504 plan is where you state that she be allowed extra time in case of a high or low.

    While my daughter has never had any trouble at school, her 504 plan states that before she is disciplined for any action she has to check her finger and the school must talk to me first.

    Good luck and don't let them talk you out of a 504.
     
  15. Jboudo01

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    Glad to see this thread! I'm the midst of a disagreement with the school too. Once DD got the pump 4 weeks ago, things changed. I asked for 2 trained back ups and school said that due to budget cuts and overwhelmed staffing they could not check her the 5 times a day that was requested. Even though I told them the frequent checks would only last about 2 weeks until basals were set right, they still had a problem. Well, their solution is to transfer her to a school that has RN (same school district with same budget cuts as they are in). I disagreed - my dd loves her school, her teacher and the school nurse...I have another child in the same school. All I wanted was back up. Bottom line is when I asked to update 504 for things I began to see was missing, things got ugly. They said that 504 makes reference to the health plan, which is the document they would update. I got an awesome ADA advocate that was phenomenal. They are mounting the pressure on us and pushing health plan and want to wait until after christmas break to see if she "stabilizes". I told them diabetes doesn't "stabilize". I'm hanging in there and it is tough. The legal advice I've received is to not cave in and remain factual and keep documentation on everything. You hang in there.
     

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