advertisement

Page 2 of 2 FirstFirst 12
Results 11 to 17 of 17

Thread: Seeking recommendations for 504 Attorney in NYC

  1. #11

    Default

    I don't think hiring a lawyer necessarily becoming litigious and threatening: for me, it's about understanding our rights, making sure we know what the current policies and processes are, communicate clearly to the team what we need and want for our kid within the current DOE framework.

    We were in a small private school this past year, and it was wonderful: no 504, we put together an informal plan and trained the teachers who were looking after my son and we adapted our plan as the year progressed, always had direct access to the teachers and had the ability to guide treatment decisions pretty close to real-time. We were spoiled.

    The DOE in NY is a very big machine and I know for a fact we won't get that flexibility:
    - It is current SOP to have a Para assigned in 1st and 2d grade from all the info i've gathered. starting in 3rd grade, is hit or miss, mostly miss.
    - the para and teachers are not allowed to provide treatment (insulin *and* juice) only the nurse is. You can save many trips to the nurse office by tweaking the 504 (eg so you can have the para give juice)

    Let me state that i understand why things are done differently and that more rigidity is necessary. But that's where knowledge of the current system and how far you can push it is important and a lawyer can be helpful.

  2. #12

    Default

    Well, okay then. I have zero doubt that coming in with a lawyer does come off litigious and threatening in, well, all situations, but you do you. Good luck.

    I also wish that Illinois had the school budget that NY apparently has. A one-on-one para is STANDARD for early elementary kids with D? Good lord. They clearly have money to burn. Most of our districts don't even have full-time nurses.
    Mom to J., age 13
    Dx 2007 @ age 3
    Medtronic pump and CGM (4/2008-6/2013)
    Tandem t:slim and Dexcom G5 CGM (current)

  3. #13

    Default

    Unfortunately we have had to use attorneys in Illinois and now in our new state of Florida. In IL, the ADA assigned us one of their attorneys because the district did not understand what a 504 was for (they used it as an IEP). The situation was resolved after one meeting.

    In FL my son had a life threatening situation caused directly from not complying to the 504 and we have an attorney with Disability Rights Florida. This is our first year in Fl and we tried to "play nice" and unfortunately it almost cost my son his life. If you feel like your district will not comply to a reasonable 504, by all means seek legal advice. If they ARE accommodating, then thank them profusely, because that is not always the case!!
    Brenda, dx'd type 1 as an adult. T-Slim, Dexcom
    Mom to Carson, age 16, dx'd at 9 months. Pumping since age 4, currently on T-Slim, Dexcom. Addison's disease 1/15
    And Mom to Henry (nond), age 13, training for the US 2024 Mens Gymnastic Team

  4. #14

    Default

    Sorry BrendaK. I do not check in on this site regularly but do not believe you post much anymore, so sad to hear Florida has been complicated but glad to see the post.

  5. #15

    Default

    Quote Originally Posted by hawkeyegirl View Post
    Well, okay then. I have zero doubt that coming in with a lawyer does come off litigious and threatening in, well, all situations, but you do you. Good luck.

    I also wish that Illinois had the school budget that NY apparently has. A one-on-one para is STANDARD for early elementary kids with D? Good lord. They clearly have money to burn. Most of our districts don't even have full-time nurses.
    I ended up using an attorney suggested by the ADA, and it was perfectly cordial, and not at all litigious and threatening. Attorneys don't have to come off that way; it can be helpful to everyone at the table to have someone who's an expert in 504 law and who has also done these kinds of negotiations in other situations to help guide the conversation.

    The situation with the one-on-one para is necessitated by a panoply of union rules and other laws, plus the obligation to provide 504 accommodations. I don't think it's that they have money to burn, not at all, but a case of unintended consequences. For instance, NY State law says that only nurses can administer insulin and other medications. So, public schools must have nurses. School staff other than medical paraprofessionals are not permitted to oversee health issues, so until the child can take care of themselves entirely, they have to have their own paraprofessional. It's not a question of having money to burn, but that regulations which are in place to protect other interests end up having an unintended cost impact, and evidently, there's nobody really looking at the whole picture.

  6. #16

    Default

    Quote Originally Posted by bellows View Post
    The situation with the one-on-one para is necessitated by a panoply of union rules and other laws, plus the obligation to provide 504 accommodations. I don't think it's that they have money to burn, not at all, but a case of unintended consequences. For instance, NY State law says that only nurses can administer insulin and other medications. So, public schools must have nurses. School staff other than medical paraprofessionals are not permitted to oversee health issues, so until the child can take care of themselves entirely, they have to have their own paraprofessional. It's not a question of having money to burn, but that regulations which are in place to protect other interests end up having an unintended cost impact, and evidently, there's nobody really looking at the whole picture.
    I'm glad to hear that this ended up well for you. I practice law, and I try to avoid my fellow attorneys in my private life! It's good to hear that the process was relatively painless for you.

    Regarding union rules and state laws on medication administration: it doesn't have to be that way, and it shouldn't. The ADA and T1 community fought an epic battle against similar rules in California, under which only district health staff could administer insulin. At least, that was how some school districts and teachers and nurses' unions interpreted state law. This had the practical effect of depriving some kids of their ADA/504 rights because not every district was flush enough to staff those regulations. The California Supreme Court ruled for the Type 1 families, and joined the modern era by allowing non-health staff to administer insulin: http://health.wolterskluwerlb.com/20...choolchildren/ I hope advocacy organizations in other states pick up the banner!
    Snowflake
    Mom to
    DD TR, age 7. Dx-ed with T1 04/04/2012. Omnipod & Dexcom user. Dx-ed with celiac 12/23/2013.
    DS1, age 5.
    DS2, age 1.

  7. #17
    Join Date
    May 2009
    Location
    Southern CA
    Posts
    695

    Default

    I guess my difficulty in understanding is that if it is standard to have the 1-1 para, why was/is a lawyer necessary? Usually a lawyer is used to push the issue when they push back...not when it is the standard.
    Kim
    Mom to Danielle, age 18, dx'd type 1 age 3 in 2001. MM 630G pump with cgm. dx'd celiac 6/09
    She will be a sophomore at University of Utah in the fall 2017.
    Go Utes!

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
advertisement