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504 Plans

Discussion in 'School and Daycare' started by 3jennifer, Feb 5, 2006.

  1. 3jennifer

    3jennifer Approved members

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    Our school district is very reluctant to do 504 Plans for Type I Diabetic students. They say that our children do not meet the prong of having a major life activity effected. A group of parents have been meeting with administrators, but we are not getting anywhere. They are trying to impliment a Care Plan only, and saying that this covers all needs. Have others run into problems in their district in getting a 504 Plans for your child?
     
  2. jswills1

    jswills1 New Member

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    School denied 504

    I am having a similiar problem. I have a meeting scheduled next week. My meeting is with the superintendent, 504 coordinator, and director of special services (this is the guy in charge of the nurses in the school district). I have asked our American Diabetes Rep to attend this meeting as well. I printed out Title 34 section 104 of the 504 Regulations. Which defines endocrine as a physical impairment. I also printed out the study Neuropsychological Profiles of Children with Type 1 Diabetes 6 Years after Disease onset. I have found other articles as well suggesting that diabetes impairs memory function. Initially I was under the assumption that a 504 had nothing to do with how well a child performed in school. It seems to me that this could be a grey area. Somebody correct me if I am wrong. On the Office for Civil Rights FAQ page it asks: Does a medical diagnosis of an illness automatically qualify a student for services under section 504? No. A medical diagnosis of a student does not automatically qualify a student for services under section 504. The illness must cause a substantial limitation on the student's ability to learn or other major life activities. For example, a student who has a physical or mental impairment would not be considered a student in need of services under Section 504 if the impairment does not in any way limit the student's ability to learn or other major life activity, or only results in some minor limitation in that regard.

    So with that, I think our school might be interpreting my son's diabetes as a minor limitation since he is passing Kindergarten! Regardless, just the fact that he has to leave the classroom everyday now to check BS and eat his snack takes away from the time he is in class and available to hear instructions. He has already missed several days of school because of illness and I have a rule of not sending him to school if his BS is over 290 because it pointless. He can't focus or concentrate, so right there I think this proves that his diabetes effects his ability to learn despite the fact that he is managing to pass Kindergarten.

    Good luck to you

    Shea
     
  3. MrsBadshoe

    MrsBadshoe Super Moderator

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  4. Tamara Gamble

    Tamara Gamble Approved members

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    The federal government uses the endocrine system as an example of a major physical impairment under the 504. The pancreas is part of the endocrine system. The guidlines for qualifying have already been established. A type 1 and some type 2 D's qualify period. The medical community has also already established that cognition is adversly affected with high and low blood sugars and causes major physical and learning impairment. I would love to see your school try to prove otherwise.

    Your school doesn't want to be subject to federal ramifications if your child has a 504. Example: If they don't adhere to it they stand to lose all of their federal funding and would have to shut down. There decision has to do with covering their butt, not your son's condition or needs. They would lose in a civil suit. The ADA has advocacy. They will help you get it. Their attorney's are free!

    Good Luck! God Bless! Tami
     
  5. ks0709

    ks0709 Approved members

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    if you havent already, you need to get this in place. I myself knew nothing about it, until 2 weeks after my son was diagnoised, the school called me and said we needed to get it done. they explained it to me as being for the child's protection.
     
  6. 3jennifer

    3jennifer Approved members

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    Thanks for the reply. Actually, things have still not been worked out with the district. A group of diabetic parents, including myself, have a lawyer from Advocacy Inc. representing us. She has gotten no where with the district or their lawyers, so she filed a formal complaint against the school district on our behalf with the OCR (Office of Cival Rights). This was done about 3 weeks ago, so far have not heard any more.
     
  7. Abby-Dabby-Doo

    Abby-Dabby-Doo Approved members

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    Jennifer-
    Any good news to report? I hope your getting somewhere with the school!!
     
  8. sevans

    sevans Approved members

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    I have a problem:

    My son has been diabetic for 8 years and I have never had to file a 504 plan with his school b/c everyone has been willing to do whatever to ensure Jacob gets what he needs.

    This year he move up to the Jr. High. He is 7th grade and he is able to check himself and give himself his own shots. The school has a nurse there for half a day.

    About a month ago, Jacob's readings are just all out of whack (puberty, I think). He has had a problem with ketones on a few days. He was out of school on Tue and Wed, and his doctor changed his Lantus dose and I sent him to school Thursday. His readings are in the 200s. He was ketone free and I sent instructions for him to have a bottle of water with him all day to help keep Ketones from coming back. So far the ketones haven't returned and his numbers are returning to normal.

    The problem is that I told Jacob to call me if a teacher had a problem with him going to the restroom if he needed to and within reason of course. He told the secretary this and she told him that he would not be able to call me unless I sent a note specifically saying he could call me. Another friend of mine with a diabetic son told me I needed to file a 504 to protect Jacob. I think I am going to, because everytime I go in the school or call I get the feeling they are not taking me seriously.

    I am going to research 504 more closely, but it is sad that there even has to be such a thing to protect diabetic children.

    Why in the world would a secretary from a school tell a type 1 diabetic 12 year old child that they could not call their mother? I understand that students should not be allowed to call parents on a whim, but I think medical conditions should be the exception. Maybe I am wrong.
     
  9. Nicstr

    Nicstr New Member

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    504 Plan

    You just have to keep pushing and fighting for it to happen.
    My daughter is type 1 for close to 6 yrs now. ( age 10 )
    It took my wife and I 3 yrs to get things in place and going.
    The only thing that we couldn't do, is to get the bus stop moved to a safer place. ( but that part didn't really have to do with diabetes. )
    The school and bus now have to have a picture and medical history and what to do and look for list on hand.
    She is allowed bg check's, snacks, phone calls and what ever else is needed for her to meet her needs.
    504 also covers not getting fined by state if child is not in school enough for the year to meet standards.
    So Keep Fighting For Your Children's Rights.

    This did take 3 yrs and her passing out once at recess.
    But it did finally happen.

    GOOD LUCK

    p.s. We also wrote to governor, state reps, and media
     
  10. Tamara Gamble

    Tamara Gamble Approved members

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    Sonya, Do some more research. Go to www.diabetes.org and look up legal rights of students with diabetes. Look up the NDEP guide. Call 1-800-diabetes and ask for the discrimination package it's free. Also ask for an advocate in your state who knows the laws. Your child needs a 504.

    Tami
     
  11. musicjunkie

    musicjunkie Approved members

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    Iam LOVING this forum:D
    I'm learning so much:cool:
     

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