504 vent

Yes, you are right. The prinicipal is totally confused and she is talking about an IEP. A 504 plan does not require you to jump through hoops. I would call 1-800-Diabetes and let them know what is going on. They are a great resource.

 

You need to hook up with an advocate from the ADA.

 

I am sorry you have been experiencing this. One thing I am going to encourage you is that you ask for them to pay all court costs. Their taking you to court is frivilous and they should be made to pay for filing frivilous claims. Courts do not look kindly on people who do what the school is doing to you or any other frivilous claim.

 

I have never heard of a situation like this. Who "took you to court"? What was the court charged with deciding? Did the Judge rule in your favor? Is the school still not meeting the goals of the ruling?

 

I think we had something like that growing up. If the kids miss too much school then the parents get in trouble and have to go to court or something.

 

Send a letter to the principal requesting a 504 meeting - they cannot legally refuse to hold it or put it off. They could, however, decide to evaluate the child for an IEP if there is a reason to do so.

I realize he has an IEP now but you say it is likely they plan to roll him off of it. They have to hold a meeting to do this - which you could attend and make into a 504 meeting I'd think. If they decide to continue the IEP - even if it is for something totally unrelated to diabetes (like speech therapy) - then anything you put into a 504 would go into the IEP instead. Technically you should not have both an IEP and 504 - the IEP would trump.

You could also put in your letter to the principal that you want to add accommodations for his diabetes into the IEP so you want them to hold a meeting. They can't refuse to hold that meeting either. So...bottom line...they are holding a meeting.

Crystal Jackson lives in Virginia and was instrumental in passing a state law about care at school for children with type 1 diabetes. http://www.chronicdisease.org/files/public/DC_Jackson_Bio_4_10.pdf I know she takes a special interest in any problems going on in her home state and can be contacted through the national office of the ADA.

Make sure to call 1-800-DIABETES and request your free school discrimination packet - there is a form in there to get free legal advice from the national office.

 

This is where things got really amusing in our case. After much struggle last year we got a 504 Plan in place. One of the accomodations was that Lindsay not be penalized for diabetes-related illnesses and that she receive support for learning material covered in those absences.

When things were not going well from my vantage point I began to ask questions about how the accomodations were being implemented and received no reply---after many attempts, I called the ADA and all of a sudden the Principal wanted to talk on the phone. I spoke on the phone but I summarized each and every conversation and sent him a copy---if he didn't dispute it, it stood as record of our conversation.

Along the way he began to pick at Lindsay's absenteeism. I found that the height of irony---here I had been asking how they were implementing the 504 and he is demonstrating very clearly that he isn't supporting the plan a bit as relates to absenteeism---I had no reason to believe there was support for the other accomodations.

So. Deep breaths and prepare to defend your knowledge and the needs of your CWD. Best of luck.

 

I agree with what everyone says: call ADA, you can get legal advice on the phone, we had a great woman who was there on a paid fellowship to give advice. Call OCR too.

 

Well, the principal had the nurse call and set up a meeting time with me... The first opening was when Charlie has his Endo appt. so we have to go with the following week, the 15th. The nurse is angry with me now. Our conversation didn't end very pleasantly. Anyway, it seems like they just don't understand why they need to do it now and not just wait until next year because they will just have to review it again anyway... When it takes me a month just to get an appt. to talk about a 504 now, I hate to see what it's like at the beginning of the school year... Oh well, I will at least be able to talk with the endo before.

 

So....what is the meeting for? Since your child is on an IEP - they cannot give him both an IEP and a 504 (if they know what they are doing - you should only have one).

Is this meeting in March? with the nurse only or the whole team? If they are scheduling you to meet with the whole IEP/504 team in March then that is ok - though it is a bit far off but still pretty much within a month.

 

I understand he can't have both. However, he no longer needs speech therapy and they in the process of doing their evaluations to get him out so he will no longer have an IEP by mid March. I originally just wanted a quick meeting with the principal to find out what they would need from the endo and find out what the process is, etc. Not the big 504 meeting right off. I'm pretty sure we will get a 504, I am just frustrated with the principals response and how the she and the nurse are trying to talk me out of getting one.
It has also come to my attention that the teachers haven't been carrying Charlies bag with fast acting sugar to his encore classes, like pe, or to outside recess as they said they would.


Question- Next year when they are redoing the 504 will they need to follow the 504 from this year?

 

That is up to you. Your 504 should run this year from ASAP to last day of school (add a cushion for days added on due to weather). Then the day before (based on union start date) go in to go over the updated 504 (add any changes you want) have it go into effect the first day of school and again, carry through all the way until the end of school year.

You can dictate what goes in your 504 (obviously within reason) and what needs to come out. We're finding that as our daughter gets older there are certain things we no longer need, but we've added on new things such as accomadations for standardized testing.

 

I did not get a chance to talk to our principal but I think someone else answered about why they rule out an IEP first. We did the whole shabang in one meeting. It took maybe an 1 1/2 hrs. I basically had everything written up prior to the meeting. After the 504 was in place, the following year we met to go over it at again in May for the next year. I also met with the nurse in August to go over and make any changes for the new school year. Once you have the 504 it's just a matter of updating and ammending things from year to year. Our assistant principal was the one who handled it and she also hand picked my son's teachers.
Are you rezoned to go to the new school? I can't believe they are giving you such a hard time.

 

I hope the AP isn't in on the meeting. I've only had once experience with him last year and he just didn't understand why Charlie couldn't check and treat his own blood sugar or feel when he was low or high. Charlie was 4 years old at the time...
Nope, we live to close to this school so we unfortunately wont be in the new school. It looks great, though. I can't wait to see it when it's finished. Hopefully it takes awhile before it gets over crowded. Currently our entire 5th grade is in trailers. It will be nice to have everyone inside next year. How about you guys?

 

We are zoned for the new school. Aaron will be in 5th grade there. Fortunately our old principal is now the new principal at the new school.