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I'm lovin' the ADA -- and the lawyer they got me for the 504!

Discussion in 'Parents of Children with Type 1' started by BrendaK, Oct 12, 2009.

  1. BrendaK

    BrendaK Neonatal Diabetes Registry

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    I'm thrilled with the Chicago chapter of the ADA! We had our 504 meeting at the school last week that did not go well. The school says Carson has to have learning issues in the classroom to qualify for a 504, yadayadayada. The ADA sent an advocate with me to the meeting and provided wonderful advice and tips for me before the meeting.

    Even with a lot of work and preparation, the meeting did not go well -- the school refused to read anything I sent them about the legal rights of students with diabetes -- and they refused to listen to a word that the advocate said at the meeting.

    So, exactly 1 week after the meeting, I officially have a lawyer in Chicago who works with the ADA and will represent me pro bono. I googled the lawyer and he has quite an outstanding background in advocating for children with diabetes.

    He will be drafting a kind, but firm letter to the school. I hope that is all it takes!

    Thank you ADA!
     
  2. Midwestmomma

    Midwestmomma Approved members

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    Good news !!!!
     
  3. mom2Hanna

    mom2Hanna Approved members

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    I'm glad that you are getting help, but sorry you have to deal with this. How was the school last year?
     
  4. Kalebsmom

    Kalebsmom Approved members

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    I am glad that you have someone on your side to help you fight it out. However, it is such a shame that it had to come to this. I really do not understand how the people in charge at the school could be so stupid.

    Best of luck
     
  5. BrendaK

    BrendaK Neonatal Diabetes Registry

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    The school itself has actually been wonderfully accommodating. They take excellent care of Carson and never hesitate to call me if they have any questions. They're very flexible and understand the day to day nature of variable blood sugars.

    BUT, the problem is the school psychologist and his staff of special education teachers. The school psychologist is the 504 coordinator and he is living with some warped view of what a 504 is. It was very very unfortunate on his part (and the principal's part) to not read ANY of the information I sent them about the legal rights of students with diabetes.

    Even after I read him the actual law, he said "well, that's not how we do things here."

    I'm pushing for a 504 this year because Carson will start standardized testing and I want him covered if he's low during the test. Without a 504, he will get a zero on the test if he needs to treat a high or low blood sugar. At the meeting I pointed this out to the principal, and she said, yes, that's true. But we do not give 504's just for tests and even if he has to get a zero, the tests don't mean anything anyways......

    We have also had a couple of issues where the teacher or substitute teacher did not follow the DMMP and Carson ended up going VERY low because of it. (Forgetting to check blood sugar before a spontaneous recess, and the substitute once forgot to have snacks even after the nurse said he's had his insulin and he needs a snack now. That was bad.....) So for obvious reason's I want a 504.

    I don't want to jeopardize my relationship with the school, but it's turing a little sour. They are currently undergoing a 6 week "evaluation" period where they are evaluating Carson's learning ablilities in the classrroom and pulling all of his past academic records. (Completely irrevelent.) So the teacher is timing him on how long he is at the nurse's office. Fine - the problem is that she made it his ACADEMIC goal for the week to "be quicker when going to the nurse's office for a regular blood sugar check." Ugh, don't get me started about the psychological implications that can have on him. The longest he's EVER been out for a regular check since this started was 6 minutes. WTH is he suppossed to do if the nurse is on the phone and it takes 8 minutes? Feel like he's flunked? Of course that's how he'll feel. I'm pretty mad at this point that they're dragging Carson into this.....

    Anyhow, I'm all lawyered up and ready to go!
     
  6. hawkeyegirl

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    I'm horrified that schools do this. Just horrified.

    I'm glad you found a good lawyer, Brenda, and hope it all gets cleared up soon.
     
  7. etringali

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    Go Get Em Tiger!!!!!!!!!!!!!!!
     
  8. Flutterby

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    That is AWESOME!! Keep us updated on how its going:)
     
  9. Noel

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    Brenda....I so HATE that you have to have a lawyer, but girlfriend in this case I am glad that you do! And I am glad that it is a good one at that! Here's to a successful and hopefully VERY short battle!
     
  10. Flutterby

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    LOL.. That isn't how we do things here is going to get him REAL far.. I have a friend who is a subsitute teacher at her kid's school, new principal this year, her son as sensory issues, add, and tourrettes syndrom.. they have a 504 and the neuro put in his medical guildlines that he's NOT to loose recess as a punishment he NEED that recess, physically needs it.. the principal told my friend that if he doesn't not behave he will ABSOLUTELY loose recess and the neuro is way out of line for even suggesting it :eek: I told her it wouldn't fly with me if that was my kid, thats like the principal telling me when Kaylee will get her insulin.. she won't fight it because she doesn't want to loose her subsituting job.. we have a great place to turn to, the ADA, and they'll step up and make sure that the school is following the laws, it may take a while, but it'll get done.. I don't know where she'd turn for help..she's fought for certain things, but she's scared of this principal..

    I just don't understand how people in school positions don't care about the kid.. it doesn't hurt to follow a 504, it doesn't cost them more.. so I don't get why they don't want it (not just your school, but schools in general..) Didn't people go INTO teaching to help mold the future?

    Good luck, and I hope the principal sees the error in his ways soon! And timing Carson at the nurses is rediculous.. what if he's low and has to treat, or high and has to treat, test ketones?
     
  11. lynn

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    May God bless pro bono lawyers!!:D

    I'm glad the end seems to be in sight for you.
     
  12. Lee

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    I am so glad that you got the ADA involved! As for setting an academic goal to spend less time at the nurses office - :mad::mad::mad: - that teacher better talk to the nurse then about making your son the #1 priority to test and record the # - she had better stop what she is doing and shove aside whoever she is dealing with so your son can test to meet this stupid teacher's freakin goal...

    :mad::mad::mad: - only with smoke coming out of my ears!
     
  13. KatieJane'smom

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    I'm so glad you are getting the help you need!! I hope I'm that lucky with ADA. Last time I talked to the one in Dallas she told me to be careful about rocking the boat with the school because of retaliation. I'm ready to turn the &$@& boat over and they better hope they can swim!
     
  14. BrendaK

    BrendaK Neonatal Diabetes Registry

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    LOL, I'm past the "rocking the boat" stage -- It's going to capsize this week when the lawyer contacts them, and I'm past the point of caring.

    I just sent a firm letter to the teacher to stop putting pressure on Carson to be faster in his diabetes care. Very firm letter. I asked Carson this morning how he would feel if it took a couple of minutes longer than normal at the office because the nurse was on the phone or something. He said he would be really angry and mad at himself. Ugh. So I wrote a FIRM letter for that to stop.

    Can't wait for parent teacher conferences next week!
     
  15. taximom

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    Good Luck Brenda! So glad you got the ADA lawyer. Keep us posted!

    That is so ridiculous that they are timing Carson at the nurses office. It is many times totally out of our kids' control. Our nurses office is sometimes filled w/ other kids and Ryan cannot leave until she sees his bg...or she is out of the office, or on the phone...etc, etc. That makes me so mad!!!
     
  16. hold48398

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    Yay for the ADA and the pro bono lawyer!! I am sorry you are going through this but thankful that you are getting proper legal counseling and help!! What a shame for the school, esp the principal and the psychologist (God help the children who have to see this person!!). You are absolutely correct to ask for the 504 for Carson, esp with the standardized tests this year. Never feel bad about protecting his rights!!! You go girl.
     
  17. Flutterby

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    please keep us updated.. I'd like to know what the ADA outcome is.. flip that @#$% boat right over :D
     
  18. BrendaK

    BrendaK Neonatal Diabetes Registry

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    Today's update: I sent that email this morning to the teacher to not put pressure on Carson with the nurse's pass to be fast.

    She did not respond to the email at all, but lo and behold, Carson said he didn't have to use the pass today!

    I'll let you know what happens when the lawyer contacts the school. Thanks so much for all of your support everyone. It makes me feel so much better to know I"m not totally crazy!
     
  19. WestinsMom

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    I am cheering for you, Brenda! I can't believe in a school district that size that they would have their head so far up their @sses :(
     
  20. gboysmom

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    Oh, Brenda...that is awesome! I hope you guys get what you need!!!
     

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