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Public school paying for private tuition after diabetes care errors?

Discussion in 'Parents of Children with Type 1' started by cem, Mar 6, 2014.

  1. sincity2003

    sincity2003 Approved members

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    Please contact the ADA again and ask for Sarah Fech. I know she is licensed in PA, but she also has done cases in MA, so she just might be licensed in VA, as well. While she can't represent us (because we are in FL), she has been an immense source of help/resources when it has come to dealing with my DS' school. She's proofread documents before I've sent them, allowed me to CC her on the correspondence (because, CC'ing an attorney is the only thing that makes this school district take notice, apparently), and has walked me through some "reasonable accommodations" that I had not thought of.

    Also, I'm not sure if it's the same in VA, but FL has the McKay Scholarship that allows you to take federal school funds to an approved private school if your child has a medical or educational disability. I don't even know what the equivalent would be there, though.
     
  2. Charliesmom

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    Are you one of the families that was on the news about the problems at school?
     
  3. Christopher

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    The thing is, when someone posts something like this on a public forum on the Internet, they are making it everyone's "business" and people are going to have comments and opinions on it. Such is life.

    As a general statement, I am 100% in favor of holding our children's schools accountable for taking care of their special needs. The thing I am not 100% for is suing a public school to make them pay for your decision to send your child to a private school. Why not sue them to take care of your child and all the other special needs children in the school? Or if you really want to get your child out of that particular school, why not find another public school they can attend? Clearly, the OP should do whatever they feel is best for their family, I was just wondering what brought them to that decision. The irony here is that most private schools don't receive Federal funds and many people have a harder time getting their children’s needs met at a private school than a public one.

    Bear in mind that none of us know the details of this situation and there probably is a lot of information that may make me think differently about this case. I am just going by what the OP originally posted. I do hope things turn out well for the child in question and that they receive the care they need.
     
    Last edited: Mar 7, 2014
  4. Mish

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    It's rather presumptive of you to insinuate that the OP hasn't really thought of these things.
     
  5. mmgirls

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    If the above is true then I am perplexed as to why you feel negatively against the bringing a law suit against the school district? I am sure the OP is not taking the matter as lightly as you are when you suggest that they might as well sue for all kids with "special needs".

    Why should a child have to be moved from there home school? Why is it not ok the consider a private school when the public school setting has failed them?the child?

    Your right that we don't know what is going on, but I am surprised by the many assumptions you have made on a matter that we know nothing about. IDK, I guess I feel for them, this will not be an easy task and just hope that their child is in a environment where their needs are being met.
     
  6. Christopher

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    Because the lawsuit is not to improve conditions at the public school, which would help the OP's child as well as any other child there or future children. My point was that instead of suing the school to get them to pay for a private school, why not sue them to change the way they operate so that they could accommodate the child at the original school. Maybe they tried that already and it didn't work. Or maybe they don't want to do that. Who knows?

    And when I said the other kids with "special needs" I meant other kids there who have diabetes. And I did not make that statement lightly, maybe you misunderstood. I meant that improving the conditions at the public school for the OP's child would also improve conditions for other children too.
     
    Last edited: Mar 7, 2014
  7. mmgirls

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    To me it sounds like the school is giving accommodations yet is not capable in following thru with them in a manner that keep their child safe. I am pretty sure that if the three of us laid out our 504 plans they would all be different even though all our kids have diabetes, which is neither here nor there because as a parent I do not have to ask for a "504" accommodation. I am not even sure this has anything really to do with "accommodations" and may very well be more about medication errors. IDK

    But, don't you think if the school district was found to have not provided a safe environment, and ordered to pay for their child's education elsewhere, don't you think that that might have a little effect on improving the environment in not only that one school but the district as a whole?
     
  8. Christopher

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    Possibly. You very well could be right. Or it might have a negative effect if the school loses money and has to cut programs, staff etc. Again, we don't really know any of the details so it is really just a big guessing game. But thank you for being civil about the discussion.

    Honestly, I think we live in a very litigious society and I think a lot of people sue to get money without merit. I am not saying that is the case here. At all. Because I don't know the details.
     
  9. mmgirls

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    Yes I agree that we live in a sue happy society. But I also believe that kids and parents should not feel as though it is Acceptable to have to not be in there home school because their needs can not be met at the school, for whatever reason. The barriers need to be removed not the kid or family.
     
  10. cem

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    I am so sorry for my delay in responding - I thought I was current in my visits to the post but I wasn't. I thank you so much for sharing this and I will do that. Thank you, thank you, thank you!!!!!
     
  11. cem

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  12. cem

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  13. DLHH

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  14. Nancy in VA

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    I don't necessarily believe that the answer is an RN in every school. I think all of us who are parents of a type 1 diabetic prove that you don't need a nurse to get sufficient care. BUT, you do need a trained adult. There are WAY TOO MANY LANDMINES with requiring nurses in every school. The minute that the schools are not able to hire nurses, moving is a potential if the law says they have to be treated by a nurse, etc.

    Just ask CA.
     
  15. MEVsmom

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    Quite honestly, many nurses (NOT all) don't know any better than your child does. What makes it worse is that they THINK they know. Our school has a part time nurse, but our situation is that my daughter goes to the office, checks her BG, calls me and I confirm her dosage based on her carbs, BG and Dexcom trends that I can see with Share. The school secretary initials on the log that she witnessed it. I honestly love this policy and I could care less if there is a nurse there.
     
  16. Mo1

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    Crystal Jackson has been providing assistance to me here in Illinois. From my understanding, they provide advocacy, guidance and support but do not provide an attorney. She has provided specific sections of the law that relate to my daughter's on going situation at her school. Litigating can improve schools as it puts to light the serious violations that occur behind closed doors. I am a public school employee, well aware of my rights but yet had to hire an attorney for the following: last year 7 major nursing errors including insulin over dosing 3 X's not giving insulin, not priming insulin through pump tubing, falsifying documentation (water under the bridge afte a tough year)' this year, taking away medical supplies, removing cell that was written into her 504 functioning with Dex 5, not following testing accommodations, providing "research" to discredit Dexcom, and writing specific exclusions into her 504 plan around extracurricular activities. My T1D is 8 and has been singled out, and discriminated against. This has been a year and of advocacy, and this school is rated #1 in Illinois. If they are doing this, what else is happening across the state. When you make some one do things, even when they are wrong...You burn bridges. Why should OP trust the school when it has been negligent with her child's care? Why shouldn't the district be held responsible? No organization respects consequences unless it hits the pocket book! It also sets a precident for other schools to not do as this school has. OP take them to town! I feel ya!
     

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