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Testing in class ..ca

Discussion in 'Parents of Children with Type 1' started by juliesmom, Nov 18, 2010.

  1. juliesmom

    juliesmom Approved members

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    Please help direct me to information regarding testing in the class room. We have a 504 in place. One of the things included is that DD can test in class as needed. She has used it a few times this year. We had a problem with the teacher yesterday, she yelled at dd for not remembering to go to the nurses office to test as scheduled. Our issue with the teacher was she yelled (btw she was 65, easy to forget then right).
    Anyway, stopped by the school today and the school nurse hands me dds in class testing kit saying the principal said she was not allowed to test in class anymore. The nurse office is much further away this year that is why we had it put in this year to the 504 plan. (dd uses accu chek multi clix there are no exposed sharps, but that is the concern of principal.)
    I right away went to the principal to discuss. She held strong that even though 504 says testing in class is okay, it is against the law. I showed her the multi - clix, showed her there is no exposed needle
    I am so upset that they are going back on the 504 with out talking to me first so that I could gather information to insist on keeping dd right to test as needed in class room.
    Please give me any info. you have - I followed links on CWD page but it doesn't direct me right to the info I need. I am so upset , I can't concentrate.
    Interestingly blood was never brought up by principal.
     
  2. juliesmom

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    Found it!!! I'm going in with my copy of California Education code Title 2, Division 4, Part 27 Chapter 9 Article 1 first thing tomorrow morning.
     
  3. Sarah Maddie's Mom

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  4. Traci

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    Keep at 'em! Demand what is best for your child.

    I don't know who the moms were that paved the way in our school district, but let me tell you, we say type 1 child and they ask "how would you like us to proceed?". Test in class? Sure thing. Not a problem. Those of us following in their path will be forever grateful!
     
  5. sooz

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    We live in So Calif and Hailey tests in the classroom. The teacher's attitude makes a big difference on how well this works. I made a chart for the teacher to have in case Hailey was low and needed something to eat. I also provide the necessary food/drinks to bring her up. I would think that the teacher would not want her missing that much class time..that was the issue for us. What an ordeal for you! :(:mad: You should ask the principal if any child with an open wound needs to leave the classroom. No knee scrapes allowed!!:rolleyes:
     
  6. dorothy's_mom

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    Class Rooms

    We pulled Dorothy from the public school and put her in a charter. They are awesome. She can test in class and call me from her cell as needed. No 504 needed. It is also a plus that her husband/wife team teachers have a Type 1 Diabetic daughter themselves. They know the importance of her condition.

    When she was in the public school, she was always running so high. Now that she is in this charter school, her numbers have been awesome! Try looking into getting your child into a charter school in your area, if you have one.
     
  7. tandjjt

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    Good luck! Go get em and let us know how it goes!!!
     
  8. Lakeman

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    The school is violating a legal document and you could bring your lawyer to the table so fast it would make their heads spin. Furthermore if the school does not follow the 504 they can lose all their federal funding.

    I can hardly believe the principal would be willing to risk her federal funding and a lawsuit over a needle prick in the classroom.
     
  9. sooz

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    I just wanted to add, if the principal doesnt do anything about it, go to the superintendant of the school district, and if he doesnt do anything, go to the school board. What school district is it?
     
  10. Heather(CA)

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    This is great info Sarah...It say's what I knew but I didn't know where to find it...It's actually against the law for them to keep your daughter from testing where ever and when ever she wants. I'm in CA too and Seth does whatever he wants at school:cwds:
     
  11. Beach bum

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    I'm sorry this is happening.

    My heart goes out to all of you who have to fight for such a simple right.

    I cannot understand why schools are so against kids testing in class, no one will be injured by this.
     
  12. Momto3

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    I am so sorry you and your child have to deal with this part way through the school year.

    We had to hire an attorney to get safeguards in place for our oldest who is not diabetic. It is very stressful but our attorney gave us excellent advice:

    1 - Always remain calm no matter what is happening. Your child is the "victim" in need of assistance. If the matter goes to due process you want to seem like you only have your child's best interest at heart and are willing to work with the school officials to achieve this.

    2 - Document EVERYTHING. Write calm, non-accusatory letters detailing events. Try to leave out all emotion and only include facts. I write a follow-up letter for everything, even now that we are in an amazing school district and have never had an issue.

    3 - The school is obligated to give you your rights and your child's rights in writing. You can request a copy so that they realize you understand a violation has taken place.

    4 - The building 504 co-ordinator should be informed of violations and asked for a remedy. You have 180 days to file a complaint from the time of the incident.

    5 - Section 504 requires districts to provide notice in writing to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing (placement = accommodation).

    6 - Be careful of what you say, document, document, document.

    Good luck!!
     
  13. deafmack

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    I would also contact 1-800-Diabetes and let them know what is happening. The school is breaking federal law by violating the 504 plan. Theya re also breaking the American with Disabilities Act by not allowing your daughter to manage her diabetes in a place which is defined as a place of public accommodation.. I have to go now but will do some more legal research for you later today and email you the links. Sorry this is happening to you. I hate it when people or places discriminate and think they can do that.
     
  14. Heather(CA)

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    I had a thought, print out the link Sarah gave you...Then tell them, they either need to change their minds and allow your daughter to test in class, or they need to put it in writing that they wont. Period.;)
     
  15. frosteboy

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    You should definitely get it in writing. A typed letter from the principle explaining his decistion would be very damagaing in subseqent lawsuit. Bet they will change thier tune.
     
  16. Mom2rh

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    I hope you'll update how it went today.

    The law is on your side.
     
  17. LJM

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    We are in so cal too. There is not such law saying they can't test in class. They are violating your 504. Take them up on it with Office of Civil Rights if you can't quickly resolve this--BS. Carter tests wherever he wants to.
     
  18. juliesmom

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    Thanks for the support guys! We went in first thing this morning with print outs of the california education code stating the rights to test anywhere and anytime. The principal right away said that the test kit can be returned to the classroom. I talked to the principle about the 504 violation on her part and that she should have called me to address any questions or concerns on her part regarding "safety" before pulling the kit out of the classroom and I could have had the documentation to show her that testing in class is a right.
    We didn't get an apology, we got the "I really messed up" look. She pretty much just pleaded ignorance. I gave her the copies so that she could share them with the person in the district office that had advised her. I'm glad it is resolved but I am still a little frustrated that she felt going back on the 504 was an option and not wanting to discuss before taking any action. We also received a call from the district nurse later today assuring us that she would make sure that the principle, teacher and the person in the district office would have copies of the policy. She also wanted to be sure that we call her directly if there are any other issues.
     
  19. tandjjt

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    GREAT JOB MOM!!!

    Perhaps she was just ignorant - she won't have that excuse again nor will the person who advised her;) It would be nice to get an apology but some folks just don't say "sorry" very well. I would also think that they will all think twice if ever going against anything on a 504 again...

    You did good and it sounds like you may have made things better for those who may come after you! Be proud of yourself!!

    It also sounds like you have a good nurse in your corner. We are blessed to have a good one and she will burn up the hallways if she thinks someone is going against what should be done for Tyler and she will DEMAND on the spot to be heard:) She probably would put it to them in a much harsher way than even I would - We just LOVE her and it does help to have that person who is seen as the "medical expert" to others at school to be the one advocating for our kids along with us when possible. If she said to come to her directly next time, I would take her up on it!
     
  20. Heather(CA)

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    I'm happy it all worked out:cwds: I think the principal has now been "schooled" so hopefully you wont have any other issues:cwds:
     

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