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Question about 504

Discussion in 'Parents of Children with Type 1' started by thebestnest5, Oct 17, 2012.

  1. thebestnest5

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    My question is posted in the next post.
     
  2. thebestnest5

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    Is it true that an IHP and a 504 are legally interchangable?

    My child had 504 plan from our previous school.

    However, I am left wondering if what the new school has sent me is actually just a Health Plan. Each of the five pages, clearly has "Individual Health Care Plan" written and highlighted on the top of each page. The school has been referring to it as a 504 Plan, but nothing in writing on the actual plan states that it is anything more than an Individual Health Care Plan.

    The response from the school tells me that legally the term Individualized Health Plan is the same as 504 Plan --they are interchangeable.
     
  3. danismom79

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    Last edited: Oct 17, 2012
  4. Sarah Maddie's Mom

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    Not the same. IHP pertains to medical management. The 504 is a legal document concerning providing accommodations to a "disabled" child to provide equal access to education. Thus the provisions for testing bg for exams and being permitted not to take a grade impacting test when bgs are high or low. Also any other time when a D kid needs comething extra or something different because their D is getting in the way of their education.
     
  5. Beach bum

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    She's got it.

    We have a 504 and we have a blurb about "see attached IHP."
    I look at it this way. The IHP is for the nurse to follow, the 504 is for the teachers and administration to follow. Both work together, but the 504 is what pulls the weight for accommodations.
     
  6. momtojess

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    When we had our battle with the school and involved OCR, we were told by OCR that it doesn't matter what the document is called but it must have certain wording in it to make it a document to protect you under the 504 law. I can't recall exactly what it is supposed to say but its a blurp from the law itself.
     
  7. thebestnest5

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    The school has informed me that their lawyers were part of the process from the beginning of this and that it's the same as a 504-even though it says IHP on the top of every page.

    The school is sending it back their lawyers to see for another review.

    Danismom, that is the link I found, I almost sent it to the school, but the school told me that I am not their legal counsel and they will have their lawyers check it out and get back to me.

    I have also been told that when my kid is at their school; they become the parents of my child while the child is at school, and that they are also concerned with safety and their liability.

    We have had issues since I was originally told that my kid couldn't test in the classroom, and it's frustrating, because if I want to change anything or question anything, they become defensive about it.
     
    Last edited: Oct 18, 2012
  8. thebestnest5

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    My kid's IHP does not have any wording about 504.
    I sent an email that I would like something like this added:

    "...indicated on the plan that it is intended to state the necessary accommodations for (child's name) in order to meet the requirements of Section 504 of the Rehabilitation Act."
     
  9. danismom79

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    It seems like they're doing a lot of work to not give you a proper 504.
     
  10. thebestnest5

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    They put all the accommodations in the IHP---it's just that no where was there any wording that stated it was "in order to meet the requirements of Section 504 of the Rehabilitation Act."

    It's difficult, because the school knows they have to work with me, but they say things like "...now, you are questioning our lawyers..." And, even though I am moving forward, I have to say that I feel somewhat intimidated by how they move forward, yet make digs and sideways swipes...like I am complaining just to complain.:(:eek:
     
    Last edited: Oct 18, 2012
  11. denise3099

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    Stay strong. I know you have to pick your battles and are tempted to just let it go when it's not important. But here's the thing--that's fine at first. But once they have you pegged as a trouble maker you aren't going to change their minds. Basically if they don't want to work with you they will do everything they can to undermine you so you may as well be a pest since they are going to keep treating you that way.

    Stand tall, straighten your shoulders, paste a smile on your face, and insist.
    "Oh so now you are questioning our lawers."
    Smile, "Yes, I'm afraid so. Based on my considerable research, I do not believe that a 504 is the same thing and that is the document I would like to have in place."
    "Well our lawyers should know and they say it is."
    Smile, "I do not believe that a 504 is the same thing and that is the document I would like to have in place."
    "Well we have to contact our lawyers."
    Smile, "Thank you--they can contact me directly if they wish and you can forward them this information from our state's board of education that clearly lays out the requirements."

    Make no apologies and don't sigh in frustration. Just square those shoulders and keep smiling as you insist on what you want.
     
  12. momtojess

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    next time they ask if you are questioning their lawyers, tell them yes, that after speaking to 504 trained advocates you know what needs to be written on the paper. and then ask them if they are questioning you because you will be happy to have the OCR get involved to resolve the issue if they would like.
     
  13. Flutterby

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    I don't understand why your school (or any school) is so damn difficult to work with. They DO NOT become the 'parents'. They have a legal RESPONSIBILITY to care for your child, it doesn't mean they get to make any decision they want. Next time they say you are questioning their lawyers, you tell them you are simply making sure that your child's RIGHTS are being protected. Just because the school lawyer is involved doesn't mean they know all the answers. In fact they are using the school lawyer to get away with things they shouldn't.. the lawyer doesn't even need to be involved if they were educated properly. :rolleyes:
     
  14. Flutterby

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    Perfect! :)
     
  15. L101418

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    How frustrating. Our struggle had to do with being granted a 504. The school had been doing it their way forever and had training on it so, of course, they thought they were doing it correctly. I sent links and quoted the ammendments but it took a conference call with a lawyer from the state Dept of Education before they would understand the law. We were all very nice about it but they wouldn't take my word for it or take in the facts I presented.

    I think if your school is not willing to add that wording then a 3rd party is going to have to explain things to them. Their lawyers might be advising them but it sounds like they don't have enough experience with this subject matter. And I hate to be like this...but it sounds like they don't have a lot of internet searching skills either.

    Good Luck!
     
  16. hdm42

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    Do I trust the school's lawyers to do what is in the best interest of my child? No.
    The school's lawyers are trying to minimize the legal liability for the school system.

    Our school's lawyers decided our 504 plan was too long and detailed, and they tried to slash it from 4 pages to 6 bullet points. We showed their proposal to the endos, and they laughed. When the school claimed they were being directed by the school's lawyers, we responded that the JDRF, the ADA and his doctors said it was unacceptable and we would be happy to get our advocates or attorneys involved if necessary. They backed down after that.
     
    Last edited: Oct 19, 2012
  17. denise3099

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    This is a really important point for everyone to keep in mind: the schools lawyers are there to represent the school. That is as it should be. Otherwise there would be a conflict of interest. If you want legal representation then you have to hire your own. So yes you should definitely challenge the lawyers b/c they are NOT there to do what is in your child's best interst or protect student's rights. They are there to make sure the school is not liable for damages. As a tax payer supporting the school, I support that. As a mom of a d kid I have to advocate for my child. Never be afraid of looking silly challenging their lawyers.
     
  18. CAGrandma

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    "The school has informed me that their lawyers were part of the process from the beginning of this and that it's the same as a 504-even though it says IHP on the top of every page.

    The school is sending it back their lawyers to see for another review. "

    Sounds like the school personnel have been told most forcefully that anything with any possible legal implications must be sent to their lawyers. OK, that's their procedure. Not your business and has no effect on what you are requesting.

    "but the school told me that I am not their legal counsel and they will have their lawyers check it out and get back to me."
    Right. But you are not trying to be their legal counsel, you are acting as your own.

    "I have also been told that when my kid is at their school; they become the parents of my child while the child is at school, and that they are also concerned with safety and their liability."
    It's called 'in loco parentis' and they do have the responsibility of a parent while the kid is in school and they should be concerned with the child's safety and their liability. So what? They never outrank you (why do they need those permission slips to take the kids on a field trip to the fire station across the street?) and they still must follow the law as per 504. In fact, they are liable for serious consequences if they do not follow 504 law.

    "We have had issues since I was originally told that my kid couldn't test in the classroom, and it's frustrating, because if I want to change anything or question anything, they become defensive about it."
    Defensiveness is a normal, if useless and frustrating, response. Hopefully having a 504 in place will help avoid such nonsense.
     
  19. momof3sons

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    I just spent 3 hours in an ADA/504 training. No doubt type 1 qualifies for a 504. 504 and IHP are not the same. IHP could be part of the 504. 504 offers legal protection. In Texas we even have a special education code for diabetes. I think our kids should all have a 504, but that is up to you.

    Pretty day here in Texas today!
     
  20. thebestnest5

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    Do you have the information on the difference between a 504 and an IHP?
     

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