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504 Meeting Help (New Middle School)

Discussion in 'Parents of Children with Type 1' started by thebestnest5, Aug 29, 2012.

  1. thebestnest5

    thebestnest5 Approved members

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    We have a great ped endo and she wrote in the Dr. orders that DD is to test/and treat BG in class or anywhere in school.

    This is against school policy and the school says DD has to go to the nurses office to test every.single.bg.test.

    They cited sharps becoming an a weapon (we use multiclix).

    They cited blood on test strips and biohazard issues.

    I stated Dr. orders are orders and that I won't let them proceed against medical advice. The principal said the Dr. couldn't exactly tell them how to handle student with diabetes because the school is legally responsible.

    Principal said he was going to call DD's Dr. and to talk with her about the note of testing anywhere and I told him HIPPA laws would prevent info given to him about my DD's medical info. I refused to sign a release.

    Ugh----now what? He stated we'd have to compromise somehow.

    I thought Dr. orders were Dr. orders and the school had to follow them.

    ALSO, the school nurse, district nurse, and principal stated that the SCHOOL nurse would have to evaluate my DD on her abilities to test and give insulin AND THE SCHOOL WOULD MAKE THE DECISION IF SHE WAS CAPABLE OF DOING SO. And, that it didn't matter what the Dr. thought on that -- that that is the school's right and job and they'd be negligent if they didn't assess DD.


    HELP!
     
  2. Michelle'sMom

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    What are your state laws concerning D care in school?
     
  3. thebestnest5

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    We live in MN.
     
  4. Michelle'sMom

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  5. Flutterby

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    Dr's orders are above school policy, so they need to figure out how to handle her testing in the classroom. There are no exposed needles with the multiclix and I'm sure if you google you'll find info on the 'biohazardrs' of blood on test strips. I'd dig around but its almost 11pm here, I've been up since 4:30 with my middle schooler.. I'm surprised I was able to write something that others can comprehend, I hope. lol
     
  6. thebestnest5

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    Thank you,

    I would greatly appreciate information on the biohazard=blood issue in test strips.
     
  7. Michelle'sMom

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    Dr's orders are not above school policy if they go against guidelines for care set by the state laws & state board of nursing practices.
     
  8. Michelle'sMom

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    Does your school have a website? If so, they should have info posted there concerning district policies.
     
  9. thebestnest5

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    No policies posted online and DD has attended another school in the state of MN and this wasn't an issue that it is in this town.

    I thought that Dr. order would take care of the issue, but it didn't. Apparently, this junior high has never, ever had a student test independently.every.single.student.with.diabetes.always goes.to.the.nurse. and it's never been an issue to test independently in class until my dd.
     
  10. Tamara Gamble

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  11. Tamara Gamble

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    I wish I could type everything in my head right now but I just can't. Here's the thing. FAPE, Free Appropriate Public Education equal to that of your child's non-disabled peers. Under the guidelines of federal law. American With Disabilities Act and Section 504 of the Rehabilitation act. They cannot blanket children's accommodations. It's against the law. You don't have to sign over your child's right to privacy for the school so they can speak with the endo or anything else. First things first. If you do not have a 504 plan then write a letter requesting that your child be evaluated for a section 504 plan, date it, sign it, turn it in. School yourself in the law. Use the ADA and JDRF website. If you are on a time crunch or need advice call the ADA hotline and they should be able to locate an advocate near you who can help you. Below is a synopsis of interpretation of the law by the ADA on this very issue. Hope it helps. Good luck! http://web.diabetes.org/Advocacy/legalmaterials/LegalRights/LR-Chap9.pdf
     
  12. Tamara Gamble

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    http://www.diabetes.org/living-with.../for-lawyers/education-materials-for-lawyers/ You will see that in one of the cases that the OCR Ruled that the school abide by the NDEP guide. This guide is supported by American Academy of Pediatrics
    American Alliance for Health, Physical Education, Recreation and Dance
    American Association of Clinical Endocrinologists
    American Association of Diabetes Educators
    American Diabetes Association
    American Dietetic Association
    American Medical Association
    Barbara Davis Center for Childhood Diabetes
    Centers for Disease Control and Prevention
    Children with Diabetes
    The Endocrine Society
    Indian Health Service, Division of Diabetes Treatment and Prevention
    Joslin Diabetes Center
    Juvenile Diabetes Research Foundation International
    Lawson Wilkins Pediatric Endocrine Society
    National Association of Chronic Disease Directors Diabetes Council
    National Association of Elementary School Principals
    National Association of School Psychologists
    National Association of Secondary School Principals
    National Education Association Health Information Network
    National Institute of Diabetes and Digestive and Kidney Diseases
    Pediatric Endocrine Nursing Society
    U.S. Department of Education. It's credible, the Ed dept supports it, the docs support it, and it will hold up with the ocr or in a court of law. Here's the link http://ndep.nih.gov/media/youth_schoolguide.pdf Use it to your advantage.
     
  13. Tamara Gamble

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    School policy by the way cannot/does not usurp federal and state law. If it does, turn them in. The OCR will change that.
     
  14. Michelle'sMom

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    Very true...federal laws trump state laws (except concerning delegation of school nurses' responsibilities) & local school district rules. However, there are no federal laws pertaining to D-care in school, insofar as testing in the classroom etc. In states with no D-care laws, local districts are allowed to set their own policies, which is why it's so important to get the ADA involved. These states need to step up & get those laws in place.

    I would contact the ADA for help.
     
  15. Flutterby

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    Dr's orders that are part of a 504 will override school policy because of the accomidation. Part of her accomidation through the 504 are testing within the classroom. There is no danger to her or any other student for her testing within the classroom.
     
  16. Michelle'sMom

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    Having been through this battle, I can tell you that OCR (at least in our state) disagrees. You cannot include an accommodation that specifically overrides a law set by the state concerning nursing practices. That's part of the problem in several states that refuse to allow nurses to delegate glucagon & insulin administration (California comes to mind).
     
  17. Michelle'sMom

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    http://www.centrahealth.com/health-...ssroom-building-the-school-parent-partnership

    From the link above

    "Testing in the classroom has been a hot topic for parents of children with diabetes, many of whom believe classroom testing allows their children to miss less class time and lessens the stigma of the disease. Many school districts, citing health concerns for both the diabetic student and other students, do not allow children to self-test in class. Among the reasons, school nurses say, is that other kids like to play with the tiny but sharp blade on the instrument that diabetic children use to do blood testing, and thus might be exposed either to cuts or to blood from another student.

    Schools do have the right to bar blood glucose testing in the classroom itself, but parents may be able to demonstrate to the school's satisfaction that these tests will not endanger others. This usually involves making provisions to dispose of the materials at home and not at school. If this is worked out, a school may then agree that the child can test herself in a secure place in the classroom, according to the organization Children with Diabetes."
     
  18. Pauji5

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    so sorry you're going throught this....you've been given great advise...you are in the right....and as far as the biohazard....what do they do about the kid that throws his bloody bandaid in the garbage can? or the kids that gets a nose bleed and tosses the kleenex in the trash before he goes to the nurse? That is absolutely a stupid argument....good luck!

    and ps. the used strips could easily go in the D bag instead of the trash....Hope it works out for you!
     
  19. hawkeyegirl

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    I think your link is wrong. I believe that OCR's opinion is that testing in the classroom is a reasonable accommodation under the ADA and section 504.

    To the OP: I filed an OCR complaint against a summer camp. It is an easy process. I went online to the OCR website, filled out the forms, and they contacted me. We went to mediation where the OCR mediator basically told the school "You have to accommodate him."
     
  20. Tamara Gamble

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    The OCR see's classroom testing as reasonable. Please see the NDEP guide. The OCR ruled on it already.
     

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