Hello, Posting and my son having Type1 D are all new to me in the last two weeks. My question is simple. My son is 10 and on shots to start with regulating him, in a florida school. the school is blocking us doing a 504 stating they are not sure it is neccessary for his needs because he has no negitive patterns of neccessity established. I was told by a friend in a system it is because 504 has now been linked to a grant funding and schools are trying to keep their numbers low. What grounds can I use as a reference argument to get what should be a no-brainer accomplished. They are saying an emergency medical form should work for now. But I don't think so, it is a lame looking confrence type form. Any help would be great. Thanks
Hi, welcome to the site and I'm so sorry about the diagnosis. You might want to post in the Parents of Children of Type 1 section. I think some browse by section (I use the New Post link myself so I see all new post in all sections.) This site has 504 help at http://www.childrenwithdiabetes.com/d_0q_000.htm. And the ADA has a lot of good info and sample 504s. Our kids with T1D are certainly entitled to a 504. My younger daughter is in middle school and does not have a 504. She has a detailed health plan and the school is very supportive and she is well taken care of so I feel she doesn't need one. This year my older daughter entered high school and I did want a 504 for her mainly to ensure she got equal time for important testing if her T1D caused any missed test time. The school was not going to grant the 504 and wanted to just attach academic accomodations to her health plan. I wanted a 504 and they tried to deny her because it did not affect her learning. First, document everything. Request a 504 meeting in writing and they have to grant the meeting and then they will review the student to determine if they qualify for a 504. Our kids do. I will paste an email I sent to the school below because I have to run out to pick up said daughter. The key to getting the 504 granted in our case was that the school did not understand that they cannot take mitigating measure into consideration. Mitigating measures include medication - for us, insulin. If she did not have insulin she would certainly be substantially limited in a major life activity = life. Here is my email I sent to the school: daughterR is entitled to a 504 Plan because she has a physical impairment that substantially limts a major life activity, that of a major bodily function, her endocrine system. A 504 does not require learning to be affected to qualify, only a major life function. 1. Type 1 Diabetes, as diagnosed by a physician, is a physiological disorder that affects the endocrine system. 2. Quoting from the OCR's "Frequently Asked Questions About Section 504 and the Education of Children with Disabilities" page, http://www2.ed.gov/about/offices/list/ocr/504faq.html: STUDENTS PROTECTED UNDER SECTION 504 Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities. FAQ #12 Congress also provided a non-exhaustive list of examples of ?major bodily functions? that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. 3. Here are the sections of the The Americans with Disabilities Act Amendments Act of 2008 that apply to daughterR: Sec.3 Definition of Disability (2) Major Life Activities - (A) In General - "...major life activities include, but are not limited to, ...learning, reading, concentration, thinking." (B) Major Bodily Functions. - "...a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the....endocrine,...functions." (E)(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s3406enr.txt.pdf Here are resources for a 504 plan as it relates to diabetes: http://www.diabetes.org/assets/pdfs/schools/adaaa-eligibility-for-504-coordinators.pdf http://www.diabetes.org/assets/pdfs/schools/adaaa-faq-march2009.pdf Other resources: http://www2.ed.gov/policy/rights/guid/ocr/disability.html http://www.diabetes.org/living-with...-at-school/legal-protections/section-504.html
To be eligible for a 504 one or major life functions need to be affected. Type 1, at one point or another, all major function will be affect..eating, drinking, walking talking etc. Look up section 504 of the American disibilities Act, it explains it all there... some school will automatically say a child with t1 qualify, some make you go through the process. Start by calling the school and request a 504 for your child, put this in writing.. they have so many days to get back toyou and they MUST have a meeting, they can not simply tell you he does not qualify. If you have problems call the American Diabetes Association, they have lots of people that help out in these specific areas.
As others have suggested, you need to request a 504 meeting in writing (or email). The school has 48 hours to respond. Many school districts have a 504 coordinator, who may be more knowledgeable than the school principal. A child with diabetes automatically qualifies for a 504 - you do not need to 'prove' any impairment. There are tons of resources available on this site and on the American Diabetes Assoc. site so you can start gathering ideas on exactly what needs to go in the 504. A 504 deals with more than the medical needs - it includes where and when he does BG tests, where supplies are kept, absences, etc. Look on this website for links to the Florida Dept of Health, which has info on diabetes in schools. Florida state law actually provides pretty good requirements for the schools there, it's a shame not all schools are aware of them.
http://www.fldoe.org/ese/pdf/sect504.pdf This is a bunch of information about Florida and what they refer to for 504. I believe one of the legal grounds that they use for determinations is one of my cases. I will see if I can copy the case and post it here.
And here's the thing, what they are claiming is so ridiculous I don't even know where to start. The mitigating measure (insulin) that your child is using causes a negative effect where your child cannot take care of themselves (low or high). Please search my comments on this for 504's.
http://www.schools.utah.gov/sars/DOCS/disability/emer504.aspx This is for Utah but the case is on page 3.
53 IDELR 238 109 LRP 69400 St. Clair County (MI) Regional Educational Service Agency Office for Civil Rights, Midwestern Division, Cleveland (Michigan) 15-09-1036 June 3, 2009 Related Index Numbers 405.036 Eligibility for Related Services 405.065 Procedural Safeguards Judge / Administrative Officer Catherine D. Anderle, Acting Director Case Summary Using an inaccurate training manual to guide its own activities as well as those of several districts it served brought a Michigan county educational service agency into conflict with Section 504. OCR noted that the manual included numerous erroneous statements of the law, including incorrect 504 eligibility standards. The agency served several districts and regularly held training sessions and provided legal advice to those entities. A parent of a student with asthma complained to OCR after a principal terminated her child's 504 plan on the basis that the child was ineligible because his asthma did not impact his education. By way of explanation, the principal showed the parent a copy of the manual he received at the agency's latest training session, held in 2008. The agency explained that it was in the process of updating its manuals to align with the ADA Amendments Act and that the materials would be published as soon as it finished. However, OCR noted that the current manuals were still being used to guide the agency's decisions and training. OCR observed that Section 504 prohibits districts from utilizing criteria or methods of administration that have the effect of defeating or substantially impairing the accomplishment of the objectives of a district's program with respect to persons with disabilities. 34 CFR 104.4(b)(4). The training materials clearly had such an impact, OCR concluded, by misguiding districts' decisions with respect to students with disabilities. Several of the statements in the materials were outdated in light of the ADAAA, which took effect January 2009, including the definition of substantial limitation and the use of mitigating measures in determining eligibility. Other problems included a misstatement of the FAPE standard and inadequate procedural safeguards. The agency signed a resolution agreement to achieve compliance. Full Text Appearances: Dear Ms. Swem: This letter is to advise you of the disposition of the above-referenced complaint against your client, the St. Clair County Regional Educational Service Agency (St. Clair RESA), which the U.S. Department of Education (the Department), Office for Civil Rights (OCR), received on November 12, 2008. The complaint alleged that the St. Clair RESA discriminated against students with disabilities. Specifically, the complaint alleges that the St. Clair RESA provided training during the summer of 2008 to the school districts it serves that included incorrect information about eligibility and services for students with disabilities under Section 504 of the Rehabilitation Act of 1973. OCR is responsible for enforcing Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. ? 794, and its implementing regulation at 34 C.F.R. Part 104. Section 504 prohibits discrimination on the basis of disability in programs and activities receiving Federal financial assistance from the Department. OCR is also responsible for enforcing Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. ? 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35. Title II prohibits discrimination on the basis of disability by public entities. The St. Clair RESA is a recipient of Federal financial assistance from the Department and is a public education system; therefore, OCR has jurisdiction over this complaint. SpecialEdConnection? Case Report Copyright ? 2009 LRP Publications 1 Based on the complaint allegation, OCR investigated the following issue: whether the St. Clair RESA, directly or through contractual or other arrangements, utilizes criteria or methods of administration that have the effect of subjecting qualified persons with disabilities to discrimination on the basis of disability in violation of Section 504's implementing regulation at 34 C.F.R. ? 104.4(b)(4). During the investigation, OCR interviewed the Complainant and relevant St. Clair RESA officials. In addition, OCR reviewed documentation submitted by the Complainant and the St. Clair RESA. Based on a careful review of this information, OCR determined that the St.Clair RESA is using Section 504 training and guidance materials with the school districts and public school academies that it serves that have the effect of defeating or impairing accomplishment of the entities programs or activities with respect to students with disabilities. However, the St. Clair RESA has agreed to take the actions set forth in the enclosed Resolution Agreement that, once implemented, will resolve the compliance issues identified. We set forth the bases for OCR's determination below. The Complainant is the parent of a student with a disability who attends school in a district within the sendee area of the St. Clair RESA. She alleged that her son's principal at the district terminated the student's Section 504 plan after attending a training during the summer of 2008 that was provided to school districts by the St. Clair RESA. She said that the principal gave her a copy of a three-page document entitled, "Introduction to Section 504 of the Rehabilitation Act of 1973, which she said she had received at the St. Clair RESA training as part of a training manual. The document stated that students with impairments such as asthma, ADHD, and epilepsy may qualify for Section 504 protection if their disability impacts their education. The Complainant stated that the district, based on this information, decided to terminate the student's Section 504 plan because he had an impairment, asthma, that was a medical condition that the district determined would not impact education. The Complainant was concerned that this training had been given to a number of school districts and could result in other students being improperly denied Section 504 plans. She also expressed concern that the St. Clair RESA's legal counsel is also the district's attorney. St. Clair RESA witnesses indicated to OCR that the St. Clair RESA offers the public school districts and the public school academies in St. Clair County a variety of programs and services, including in the areas of legal, human resources, career education, special education, information technology, education services, business, and administration. The St. Clair RESA serves seven school districts and six public school academies. It also operates a career-tech school for junior and seniors, the Technical Education Center, which houses an additional six public school academies. The St Clair RESA is in the process of creating a Virtual Learning Academy. The St. Clair RESA also operates the Woodland Developmental Center, which is a center-based school for students with disabilities. The St. Clair RESA's attorney is consulted by both the St. Clair RESA and the school districts and academies served by the St. Clair RESA when there are questions about the Section 504 or IDEA regulations or about Section 504 plans. She provides training for the schools on a myriad of topics, including Section 504. There are several other St. Clair RESA employees, from the St. Clair RESA special education department, who also give Section 504 trainings. The St. Clair RESA sponsors county-wide professional development three times each year, and hosts monthly meetings for constituent school district and academy principals, special education directors, assistant superintendents, superintendents, and curriculum directors. The St. Clair RESA also hosts an annual administrative retreat. Section 504 is often a subset of training offered. Not only constituent districts and academies attend; anyone is welcome. The school districts and academies draft their own Section 504 policies and SpecialEdConnection? Case Report Copyright ? 2009 LRP Publications 2 procedures separate from the St. Clair RESA. The St. Clair RESA held an administrators' retreat June 23 and 24, 2008. One of the topics was Section 504. Representatives from the following districts and schools attended: Capac Community Schools, East China School District, the St Glair RESA, Croswell-Lexington Community Schools, Port Huron Area School District, Memphis Community Schools, Baker College, Brown City Community Schools, Lapeer Community Schools, Yale Public Schools, Sanilac Intermediate School District, Marysville Public Schools, and Algonac Community Schools. At the June 2008 retreat, each attendee except for Baker College received a copy of a "Section 504 Manual" compiled by the St. Clair RESA. Each of the seven school districts served by the St. Clair RESA also received a copy of the manual. The St. Clair RESA provided OCR with a copy of the manual. OCR reviewed these materials and noted several areas in which the materials do not comply with the requirements of the Section 504 implementing regulation, such as 34 C.F.R. ?? 104.3 (definitions), 104.7 (grievance procedures), 104.33 (free appropriate public education), and 104.35 (evaluation and placement). We highlight a few examples of the portions that do not comply below. In many sections, instead of providing the standard for a free appropriate public education (FAPE) for students with disabilities, i.e., the provision of regular or special education and related aids and services that are designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met, the manual sets a lower "accommodations" standard. The documents do not ensure that parents/guardians are provided with a meaningful opportunity to provide input into Section 504 decisions for their child. Several documents define the term ''substantially limits" too narrowly as meaning "unable to perform" or "significantly restricted.'" The manual does not specify that a reevaluation is required before a student's placement is terminated or significantly changed, and states that Section 504 services are only to be provided in regular education settings. The manual states limitations on the definition of disability that would only apply to employment, without clarifying that these limitations should not be applied to students. The manual states that mitigating factors are to be taken into account in determining eligibility. The sample Section 504 grievance procedures provided in the manual require the grievant to undergo an informal complaint process, and do not include a process for adequate, reliable, and impartial investigation of complaints, including the opportunity to present witnesses and other evidence. The "Parent Notification and Consent to Determine Eligibility for 504 Accommodations" does not include all of the areas of evaluation contained in the Section 504 regulation, and does not alert the parent that the student is being evaluated for disability. The "Section 504 Individual Accommodation Plan (IAP)" form does not include any space to state the student's placement and it provides only for a list of "recommended accommodations" for the student, not agreed-upon related aids and services. The form also has a line for the "Date of expiration of IAP", suggesting that the plan will expire on the date entered, instead of continuing until a new plan is developed and/or following a reevaluation. St. Clair RESA indicated that it is currently in the process of reviewing its Section 504 materials to update documents to reflect changes to the law that took effect with the ADA Amendments Act in January 2009. When the revisions are completed, St. Clair RESA plans to publish the materials and share them with its local school districts and academies. Pursuant to the regulation implementing Section 504, at 34 C.F.R. ? 104.4(bX4), a recipient may not, directly or through contractual or other arrangement, utilize criteria or methods of administration (i) that have the effect of subjecting qualified persons with disabilities to discrimination on the basis of disability, (ii) that have the purpose or effect of defeating or substantially impairing accomplishment of the SpecialEdConnection? Case Report Copyright ? 2009 LRP Publications 3 objectives of the recipient's program or activity with respect to persons with disabilities, or (iii) that perpetuate the discrimination of another recipient if both recipients are subject to common administrative control or are agencies of the same State.
The St. Clair RESA provides consultation, technical assistance materials, and legal advice to its constituent public school districts and public school academies, as well as to additional districts and schools who attend its training. During the summer of 2008, the St. Clair RESA distributed a binder of Section 504 materials to its districts and attendees at its administrators' retreat that contains many statements that misstate or confuse Section 504 requirements, such as the definition of disability, the FAPE requirement, procedural safeguards, and reevaluation requirements. Segments of the materials are also now outdated in light of the ADA Amendments Act that took effect in January 2009, such as the St. Clair RESA's definition of substantial limitation and use of mitigating measures in eligibility determinations. The St. Clair RESA continues to use these materials as guidance, including in the operation of its own schools. The St. Clair RESA's training and guidance materials, used with the schools and districts it serves, have the effect of defeating or impairing accomplishment of the entities' programs or activities with respect to students with disabilities. Based on the above, we concluded that the St. Clair RESA failed to comply with its responsibilities under Section 504 and Title II. To voluntarily resolve the compliance issues raised in this complaint the St. Clair RESA, on June 2, 2009, agreed to implement the enclosed Resolution Agreement (the Agreement). The Agreement requires the St. Clair RESA to revise its Section 504 documents so that they comply with the requirements of the Section 504 regulation and the ADA Amendments Act and publish the revised documents to all of its constituent school districts and public school academies and to any other school districts that received the Section 504 manual at its June 2008 administrators' retreat. This concludes our investigation of this matter. OCR will monitor the implementation of the Agreement and, if the St. Clair RESA does not fully implement the terms of the Agreement, OCR will reopen the complaint and take appropriate action to ensure the St. Clair RESA's compliance with Section 504 and Title II. Please be advised that a complainant may file a private lawsuit pursuant to Section 203 of the Americans with Disabilities Act whether or not OCR finds a violation of Title II. This letter is a letter of findings issued by OCR to address an individual OCR case. Letters of findings contain fact-specific investigative findings and dispositions of individual cases. Letters of findings are not formal statements of OCR policy and they should not be relied upon, cited, or construed as such. OCR's formal policy statements are approved by a duly authorized OCR official and made available to the public. Thank you for your cooperation and that of St. Clair RESA personnel during the investigation and resolution of this complaint. We look forward to receiving the St. Clair RESA's first monitoring report, which is due August 14, 2009. If you have questions about this letter or the resolution of this complaint, please contact Mr. Donald S. Yarab, Team Leader, by telephone at (216) 522-7634. Resolution Agreement St. Clair County Regional Educational Service Agency The St. Clair County Regional Educational Service Agency (St. Clair RESA) submits the following Resolution Agreement to the U.S. Department of Education, Office for Civil Rights (OCR), to voluntarily resolve the above-referenced complaint and to ensure St. Clair RESA's compliance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. ? 794, and its implementing regulation, at 34 C.F.R. Part 104, and Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. ? 12131 et seq., and its implementing regulation, at 28 C.F.R. Part 35, as amended by the ADA Amendments Act of SpecialEdConnection? Case Report Copyright ? 2009 LRP Publications 4 2008 (ADAAA). Accordingly, St. Clair RESA agrees to take the following actions: 1. By August 14, 2009, St. Clair RESA will revise and submit to OCR for review the 504 materials it developed, compiled, and distributed in a binder format to its constituents and trainees during the 2008-2009 school year, as well as its nondiscrimination policy and "Section 504 Guide to Parents/Guardians, Students, and Teachers" to ensure that they comply with the regulation implementing Section 504 at 34 C.F.R. ?? 104.3, 104.7(b), 104.33, 104.35, and 104.36 and with Title II/ADAAA, as applicable. Specifically, St. Clair RESA will revise the materials as follows: Nondiscrimination Policy - Clarify that complaints alleging disability discrimination under Section 504 or Title II may be filed with OCR at any time and that, although OCR is not an appeal body for complaints that are initially filed with St. Clair RESA, such complaints may be filed with OCR within sixty (60) days of the conclusion of St. Clair RESA's investigative process, including any appeal, if the complainant is not satisfied with the determination. Under such circumstances, however, OCR will not do an independent investigation if St. Clair RESA investigated all allegations, applied appropriate standards, and secured appropriate remedies. Brochure: "Section 504 -- Protecting the Rights of Students with Handicaps" - Clarify that, although there are three definitions of disability and students are protected from disability discrimination such as disability harassment or exclusion from a program or activity if they fall under any of the three definitions, only students who have a mental or physical impairment that substantially limits one or more major life activities are entitled to a free appropriate public education (FAPE), i.e., the provision of regular or special education and related aids and services designed to meet the individual educational needs of the student with a disability as adequately as the needs of students without disabilities are met. - Clarify that a school district is obligated to provide FAPE to a student who has a mental or physical impairment that substantially limits one or more major life activities regardless of the nature or severity of the disability. - Remove the statement that "Section 504 does not require public schools to provide programs that are fundamentally different from existing ones." - Clarify that the lists of major life activities and impairments in the brochure are not exhaustive. - If the reference to temporary medical conditions is retained, modify the reference to clarify that whether a temporary impairment meets the definition of disability is a determination made on a case-by-case basis, considering factors including the timely manner, and duration of the impairment. Note that impairments of less than six months in duration are unlikely to be determined to be a disability. - Amend the statement of student and parent rights to make clear that students with disabilities are entitled to FAPE and that the reasonable accommodation standard, which is a lesser standard than FAPE, does not apply; that parents are to be given a meaningful opportunity to provide input into identification, evaluation, and placement decisions for their child; and that students eligible under Section 504 but not IDEA are eligible to receive special education if necessary for FAPE. - Revise the list on page 8 of potential 504-only impairments to ensure that the list only includes impairments that could fail under the definition of disability under Section 504 (e.g., remove or clarify "temporary medical conditions," remove or clarify "drug/alcohol," etc.). 504 Binder Materials - Modify the definition of disability as it appears or is referenced throughout the materials to comply with Section 504 and Title II/ADAAA. - Clarify that each qualified student with a disability in a recipient school district's jurisdiction SpecialEdConnection? Case Report Copyright ? 2009 LRP Publications 5 must be provided a FAPE and that an appropriate education is the provision of regular or special education and related aids and services that are designed to meet individual educational needs of persons with disabilities as adequately as the needs of persons without disabilities are met; - Include revised grievance procedures that do not require the use of an informal process and that do provide for adequate, reliable, and impartial investigation of complaints, including the opportunity for parties to present witnesses and other evidence. If the reference to OCR is retained, clarify that complaints alleging disability discrimination under Section 504 or Title II may be filed with OCR at any time and that, although OCR is not an appeal body for complaints that are initially filed with a district, such complaints may be filed with OCR within sixty (60) days of the conclusion of the district's investigative process, including any appeal, if the complainant is not satisfied with the determination. Under such circumstances, however, OCR will not do an independent investigation if the recipient investigated all allegations, applied appropriate standards, and secured appropriate remedies. - State that a reevaluation of a student with a disability must be conducted before any subsequent significant change to the student's placement. - Provide for notice and other required procedural safeguards for parents/guardians with respect to actions regarding the identification, evaluation/reevaluation, or educational placement of students with disabilities. - Ensure that parents/guardians are given, a meaningful opportunity to provide input into Section 504 [missing text] decisions regarding the identification, evaluation, or placement of students with disabilities. - Clarify that "substantially limits" does not mean "unable to perform" or "significantly restricted in" a major life activity. - Clarify that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active and that the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures. 2. Within 90 days after notification from OCR that the documents revised pursuant to items #1 above are consistent with "fee requirements of Section 504 and Title II ADAAA, St. Clair RESA will send a cover letter, after first submitting a draft of fee letter to OCR for review, and all of the revised materials to [missing text] of its constituent districts and public school academies, and to all other districts and schools that attended St. Clair RESA's June 2008 [missing text] retreat .The cover letter will highlight the changes made to its materials, the reasons for the revisions, and OCR's contact information for technical assistance. The RESA will submit documentation to OCR showing implementation of this item, including documentation showing the publication of the materials and the entities to which the RESA published them. Regulations Cited 34 CFR 104.4(b)(4) 34 CFR 104.7(b) 34 CFR 104.3 34 CFR 104.33 34 CFR 104.35 34 CFR 104.36 SpecialEdConnection? Case Report Copyright ? 2009 LRP Publications 6
I copied and pasted. It's actual case law for our county who was found in violation of procedural, as well as, determining eligibility for a student with asthma. 504 case. Do your research, print and email copies of what the laws state and understand what that means. Tell us what you have done and what they have done in response exactly so far. I don't know what to tell you to do because I don't know where in the process you are.
