Day Camp accommodations update

For those who didn't see my prior thread, we are seeking some basic day camp accommodations for Jack. The camp is offered through a public community college. I had called the disability services office and spoken to the secretary, who was not optimistic that they would do anything for Jack. I had a meeting with the director of disability services today. It was less than 5 minutes long.

They will not provide someone to check his blood sugar or treat lows (which are the only accommodations I am seeking.) They will call a medic or ambulance if he needs emergency medical assistance. (How very kind of them. ) She claimed that what I am seeking is a "personal service" and not a "reasonable accommodation." I thanked her for her time, told her I would send her a letter formally requesting accommodations, she could send me a letter denying them, and we would go from there. Frankly, I don't think she has the first clue as to what they're required to provide. All her knowledge pertains to college-aged students.

I spoke to an ADA legal advocate before the meeting, and she was 100% sure that they are required to provide the accommodations that I've requested (and more). I'm going to copy her with the letter that I send to the college, as well as whatever their reply is, and we'll go from there. I am fervently hoping that my letter (which I'm going to send on my work letterhead) will prompt them to contact their lawyer, who will advise them that they have to accommodate Jack.

I'm pretty mad right now. I asked what they would do for a child with asthma or an epipen. She informed me that they would be required to "self-medicate." I really wish I knew someone with asthma or allergies who was going to attend one of those camps. I'd have them request accommodations as well. This is a BIG community college with a BIG summer program for elementary and middle-school kids. I cannot believe I am the first person to challenge their policy.

So here I go. Wish me luck.

 

Good luck! I don't know anything about what camps are required to provide. I know they can't deny him attendance, but that's about all I know. Luckily, the camps I've sent Dani to are more than willing to do what she needs; I never had to officially set up accommodations. But she's old enough to call me and get dosing advice, etc.

 

Sorry Karla!! I hope that once they receive your letter they'll realize what they are suppose to be doing.. How is a child that is having an allergic reaction suppose to 'self medicate' with an epi pen? or a child that is having a severe asthma attack? They should have someone that is first aid/cpr certified during these summer programs.. that person should also be the one that oversees bg check, does low bgs and the one that does epipens and inhalers.

Please keep us updated

 

You're saying that this "policy" was articulated by the "Director of Disability Services"?

They don't know what's about to hit them. Keep us posted.

 

Holy moly! William has anaphylactic allergies also so I cannot imagine the "self-medicate" with epi-pen thing. Obviously he couldn't do that. They are lucky they haven't had a lawsuit already.

You may be right that they will contact their lawyer and the accommodations will come since it sounds like they don't know what they are doing.

Please keep us updated - I know you can keep a cool head on it. At least cases like this are fairly simple in their gobsmacking obviousness.

 

I am surprised that the "Director of Disability Services" is so unaware of the school's responsibilities. Of course, we see this with shocking frequency in the public schools. I think this is an important precedent. Good Luck!

Chuck

 

Oh no - I'm sorry this is going to be a struggle. Good luck!
Karen

 

Wishing you Good luck!

 

Please keep in mind the standard for providing accommodations in elementary and secondary schools if very different from providing accommodations in the rest of society. Elementary and secondary schools fall under IDEA which requires institutions to provide accommodations to have their students be successful. Post-secondary schools are covered by the Rehab Act and ADA which requires they provide access and an equal opportunity for students to be successful. In the past, I worked as a Vocational Rehabilitation Counselor and this concept was often difficult for parents to understand when their children were transitioning from high school to college.

The following is from the ADA Title III manual covering Public Accommodations and Commercial Facilities:
III-4.2600 Personal services and devices. A public accommodation is not required to provide individuals with disabilities with personal or individually prescribed devices, such as wheelchairs, prescription eyeglasses, or hearing aids, or to provide services of a personal nature, such as assistance in eating, toileting, or dressing.

If eating, toileting and dressing are considered personal services, I believe checking blood sugar and treating a low would be considered one also.
The question in your situation will be what laws/acts the summer program will fall under. I don?t know the answer but wanted to provide this information for consideration.

Here is a link to the ADA manual: http://www.ada.gov/taman3.html

 

From my brief persual of your link, it appears to me that Title III covers private schools, not public schools.

The community college is a public institution, and falls under title II, not title III. They are also covered by Section 504. Link.

 

Here is the wording from Title II:

II-3.6200 Personal services and devices. A public entity is not required to provide individuals with disabilities with personal or individually prescribed devices, such as wheelchairs, prescription eyeglasses, or hearing aids, or to provide services of a personal nature, such as assistance in eating, toileting, or dressing. Of course, if personal services or devices are customarily provided to the individuals served by a public entity, such as a hospital or nursing home, then these personal services should also be provided to individuals with disabilities.

 

I think what this brings up for me - is how loosely run some of these programs are, even when done under the auspices of a major institution. It's rather scary what Karla is finding out.

 

It's a good thing that he doesn't need assistance in eating, toileting or dressing, then.

They're also subject to section 504 of the Rehabilitation Act. They are required to provide him with reasonable accommodations, which the ADA assured me include having someone there to test his blood sugar, treat lows, and likely more. It's apparently pretty well-settled law. Now we just have to make the school aware of it.

 

Not sure where you work, but you might want to review your company manual before sending a letter to the director on your company letterhead (of course, if it's literally your company ...). But a letter definitely seems in order!

 

You would think the women from disability services would be interested in advocating your DS to receive appropriate accommodations.

I've dealt with disability services extensively while in university. I would be saddened to hear if anyone I had contact with through disability services reacted this way. Their job is to advocate for people with disabilities.

 

Actually the person(s) who works for a school or business does not really have the job of advocating for those with disabilities but usually only the job of making sure the institution follows the laws to make sure that the institution does not end up getting sued. Advocating for those with disabilities and making sure an employer, your employer as their disabilities officer, is following the laws in regard to disabilities are two very different things.Ali

 

I'm sorry you have to fight for this! Good luck!

 

Wishing you good luck!
I am sure you will kick some tush.

 

As a mom who went through something very similar last summer with a local camp at a school that refused to allow Connor to attend because of his diabetes, I am supporting you 100%. I wish that I had fought harder, because I know they were wrong. Lego Camp sounds awesome!

Amy

 

I'm a lawyer. And I decided to take on the case of Jack M. vs. Dumbass Community College.

Thanks, everyone, for your supportive words. I sent the letter yesterday, and I'll report when I get a response.