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Urgent help with school needed

Discussion in 'Parents of Children with Type 1' started by Glitterpuss, Jan 3, 2012.

  1. Glitterpuss

    Glitterpuss New Member

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    Hi everyone,

    I need some desperate advice here. My son age 5 (dx aged 3) started kindergaten at a California public school last August. Before school started, I met with the school and informed them that we wanted to file a section 504 plan, and I even wrote the plan with all the accomodations per the ADA website.

    Since August, the school have recognized our right to the plan but have dragged their heels on getting it signed - as of today, it has yet to be signed. I have no clue what the delay is other than the fact that the school do not want the financial burden.

    So far, without the 504 in place, the school's care of my son has been great. He is 5 and unable to self test and is hypo unaware and his numbers are pretty unstable, even more so at school. The school brought in an agency nurse who was great, took a lot of care and communicated well with us.

    Unfortunately, the nurse has left, and although we were promised a replacement today, we have now been told that it's not happening and that his teacher will become reponsible for him - the teacher is very reluctant to do this.

    I know that other t1d children in the district do have nurses - is discrimination between t1d students like this allowed? What can I do to help?
     
  2. tiger7lady

    tiger7lady Approved members

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    I would call the ADA right away and have them help you work out what is best for your child with the school.
     
  3. Flutterby

    Flutterby Approved members

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    Well, first, if you are in CA, they can't do this. There is a current law (trying to be overturned) that only nurses can give insulin, so they are breaking the law. You may want to bring this up to them. Second. My child didn't have a school nurse for the first 3 years of school.. her teachers and the para professionals did all she needed done. She too started school in kingergarten, completely crazy number, hypo unaware etc.. they did an excellent job. While its very hard on the teacher in the classrom they should be able to work out a schedule with paras (not necessarily be in the classroom ALL the time) that works well for everyone. My daughter's teacher usually takes snack or lunch time because its not an overly busy time of day, everyone is eating etc. A para does the other meal and someone does bus routine... so during the day there are three people routinely doing her care. I didn't like this at first, was afraid of miscommunication but really its the best thing they could have done. Now if someone is out, there are three other trained people, people that are doing it every day so they know what they're doing. My daughter is now in 3 grade... as she goes through the grades her teacher is trained, so in her small school everyone but one person is trained. And that one person, who happens to be the 4th grade teacher and principal has a neice that has type 1 so she knows the basics...

    Anyone in your situation, I'd call the school and tell them that they need this figured out asap. They CAN NOT make YOU go into the school to take care of him, its against the law. And since you are in CA it MUST be a nurse to give insulin, so they are breaking a law. I'd call the cordinator of the 504s and let her know this oversight is happening and needs to be addressed asap. Go in calm about it, save the 'fight' for when you really need it.. if you go at with a calm attitude hopefully a fight will be avoided, but it definitely needs to be taken care of asap.
     
  4. Connor's Mom

    Connor's Mom Approved members

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    Discrimination like that is NOT allowed. I would bypass the principal and go straight to the super intendent. Have the 504 plan signed and make them enforce it. It's one thing for a teacher to be aware of a students needs and another to be completely responsible for the student's care while teaching a classroom full of kiddos! The teacher has too many other children in the class room to be aware of subtle changes in your son that may indicate a blood sugar issue. The ADA has people that can help you with this too! Contact your local chapter and see what they can do to help. Sometimes it takes an outside source to get a school to listen.

    I am so sorry you are having this problem. I went through a lot of problems with our school and continue to struggle with them. I do, thankfully, have a wonderful school nurse that is a fantastic advocate for all the students!
     
  5. badshoe

    badshoe Approved members

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  6. akgiauque

    akgiauque Approved members

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    Very good points made here. I would suggest first a call to the special ed director or 504 coordinator is maybe a better place to start. The super will pass this along to this person if your district has one. If not then the super should take your call. At this point I might ask the principal who is in charge of 504's on the district level and how to contact them. This inquiry is a way of saying help me or I will find someone that will.
    I agree with the teacher being busy with other kids. Theuy are willing to help and saftey and welfare is a primary concern but just because they are willing to help does not mean that they should have an additional assigned duty.
     
  7. Freudie1

    Freudie1 Approved members

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    This is correct. Before calling in the ADA (which IS a great option, but should be used as last resort), elevate your concerns to the super.

    Assuming (and I doubt you will have an issue as this type of "bad press" would be embarrasing for your school district if someone happened to call a news station or two :) ) you get no joy from him/her, THEN call the ADA to assist with reminders to the school about certain laws that are being violated and what they are facing.

    I've had to fight this battle and it never gets past the principal typically :).
     
  8. CAGrandma

    CAGrandma Approved members

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    Any child with type 1 diabetes is entitled to a 504 - the school is definitely stalling you and they are therefore breaking the law. If you request a 504 meeting they have (by law) 48 hours to respond. The district probably has a 504 coordinator who will explain the law to the principal, nurse, teacher, etc. Of course, some districts are better than others, just as some schools are more cooperative.
    I'm in Sacramento, and have the name/email of someone who works with the Americans with Disabilities group and has been very active in trying to get all children with diabetes the care in schools they need - let me know where you are and if you'd like to be able to contact her for help.
     
  9. Tamara Gamble

    Tamara Gamble Approved members

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    They have to have someone on campus at all times. You can call the ADA or the JDRF. The person who got the law into place is through those organizations. I would call and write a letter, date it, address the issue of the 504 offer them two dates and ask them which one. Then once the date is decided upon offer them two times ask them which time would be best for them. It's not up to them. Make sure that you have this document http://www2.ed.gov/about/offices/list/ocr/docs/hq5269.html and know your rights and the laws in regards to medication admin in CA schools. http://www.dredf.org/diabetes/ http://ndep.nih.gov/media/youth_schoolguide.pdf. Know these documents, figure out a plan, and bring it with you.
     
  10. Tamara Gamble

    Tamara Gamble Approved members

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    Call section 504 coordinator, then principal, no resolve call the super, no resolve go to the board of directors. No resolve file with the OCR. Track everything. Keep a notebook of dates, times, who, what, when, where, how, resolve or no resolve. Follow every conversation, meeting etc with a factual letter also issue next steps with dates and state you are looking forward to their swift reply. If you know what you should and you call the ADA or JDRF they should set you up with someone who can help. Good luck and keep us posted.
     
  11. Tamara Gamble

    Tamara Gamble Approved members

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    By the way, they are required to have a plan b if nurse A isn't going to be there. If your child cannot attend school without a nurse and they have failed to implement plan b so your child can attend then it is discrimination because children with disabilities must be afforded the same education equal to that of their non-disabled peers. So....if someone didn't require assistance they could go without the nurse there vs. not being able to if she is not. They are required to do this because they receive federal funding. That is how you apply the law. Metabolism/endocrinology is disability and mitigating measure being used/insulin has a negative affect where if the child goes low or possibly high they cannot care for themselves. That is how your child qualifies. It's not like a pair of glasses where the problem is corrected without a negative effect. See the difference? Yes you do. They don't. So you must prove this to them. Again, know your documents, bring them with you so your claims are evidenced by our federal and local authorities. They're considered credible of course. They are already in the wrong for failing to identify and offer you a meeting to see if your child qualifies for related aids and services in regards to your child having a need. Keep your cool. They will try to unnerve you. It will feel personal. Remember it's not. This is why advocates are so helpful. It's easy to pull off but when it's your own child not so much. Our instincts tell us to protect our young at all costs. I used to get so angry but now I know the game and think it's sport because they don't know that I already know what they are up to. If you get upset ask for a break and let them know that you will be back in a few minutes. It helps sometimes. Sorry for my break in language. I'm in a hurry but I don't want to leave you hanging. I hope I was clear and not crazy sounding. lol
     

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