504 Accommodations - Sharing what we learned

Going to make this quick because it's been a long day. But so many of us are gearing up for our 504 meetings or wondering if we need 504 plans, etc. And I wanted to post what we learned recently.

And, if you're new to all of this -- start with this post: http://kroboths.blogspot.com/2018/08/504-plans-for-food-allergies.html

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504 Accommodations Update -- We have our 504 meeting for this year coming up. And, since we seem to be getting no where with WCPSS and our continued REASONABLE requests for additional accommodations for our nut-allergic 2nd grader, we sought the counsel of an attorney that specializes in this area.

Long story short, we will see how the meeting goes, get all of our ducks in a row for the meeting and if it doesn't go our way she recommends we file a complaint against WCPSS with the Office of Civil Rights that oversees the 504 area.

And by 'our way' I mean accommodations put in place as directed by our son's doctors for his safety.

PLEASE keep in mind I'm not a lawyer. I'm a parent going through this right along with you. I'm passing the information we gained along hoping it helps others. This is not official legal advice from me to you.

The biggest thing to consider, she pointed out, is this -- Is my allergic child as safe as all other non-allergic children in the classroom?

The Americans with Disabilities Act protects and enforces equal learning environment, within reason. Also, a question to note, Is my child's education being impeded by a lack of accommodations? These are the things that the Office of Civil Rights has to prove. And, if you live in WCPSS, chances are you have asked for the same things as us and been told no, no, no and false sense of security and can't make another child wash hands and etc. etc.

Of course, if your child has had a reaction in school, is experiencing anxiety or anything of the sort as a result of existing accommodations, those are important to note. Sadly, if our son had had a severe reaction we'd have better standing to ask for these accommodations. But, as I have said all along, I'm not waiting for him to have a life threatening reaction to get his environment as safe as possible. Plus, I'm not there all day. Something that I know is a minor reaction could have very likely occurred over the past two years and it went unnoticed.

Here are some tips I wanted to pass along as best I can --

  • Definitely have your allergist, therapist, psychiatrist, pediatrician, anyone who treats your child write a letter to the school states what is needed. This letter cannot leave room for interpretation or be 'recommendations'. It needs to be requirements for your child's safety. Requirements.
  • The safety of your child is determined by his/her doctors. So their voice here is critical.
  • Record the meeting. Don't ask. Just state, 'We are recording this meeting, as I'm assuming you may be, too.' and proceed.
  • Anything you discuss as a request, let's say washing table with soap and water... If they say no because blah blah blah. You repeat back. "I'm understanding you are saying no for blah blah blah reasons." (This reason may change once you note it back to them. I've seen it happen.) You want all of this documented.
  • Try to keep emotions out of it. Don't get into argument if you can help it.
  • Take guidelines from CDC, FARE, American Association of Nurses, highlighted specific to your requests with you. These are where they state they are basing their recommendations from.
  • Make sure you are leaving with not just a statement of eligibility for a 504 plan, but an actual 504 plan. (This happened to us.)
  • If you have what your child needs to have a safe, equal learning environment clearly stated and they deny the accommodations, you may file a complaint with the Office of Civil Rights.
Our meeting is in two weeks. Giving doctors plenty of time to write documentation and of course, it takes a while to get schedules to all line up for those that need to be in the meeting. We will see where we land with everything. I'm not hopeful based on history. But I do hear every now and then from another parent at another WCPSS school that got a tiny bit of something more added that makes me so happy.

Please reach out with any questions. Join ACE Advocacy on Facebook. I'm trying to gear up for some bigger approaches to everything and that's my 'home base'. The best way to reach me is through Facebook or email.

Hope this helps. And good luck! Prayers for all of you.


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