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School 504 Plans and Individualized Health Care Plans

Free webinar hosted by Kids With Food Allergies with guest speaker Laurel Francoeur, JD

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I am in a similar boat with 504.  My daughter is in kindergarten and has ingestable peanut allergy (has to eat it to react)  we have an agreement with the school as it stands for her allergies  but so far those aren't always kept.  The principal was asked about a 504 and I was informed those usually only for kids with physical disability because they can affect their ability to learn,  My daughters allergies do not affect her ability to learn there for she does not qualify.  I don't think this is correct.  I as her mother just want her protected by whatever means possible.  Are they going to count absences against her when she has such a bad skin break out or asthma reaction that she can't attend schooland she's run out of excusable doctor notes? Of course they are because our agreement is just an agreement not  a legal agreement.  I'm jot sure what steps I need to take 

 

Amy,

Sorry it took so long to respond, things have been a little crazy.

I would love to see Matthews 504 plan if you wouldn't mind. They are not telling me who takes care of this kind of thing at our school. Procedure states that I had to send the request to the Principal first and that he would pass it on the the right person, then they would make the decision based on what they know and his allergy test report that I have giving them. They are telling me that he is the only on at his school that has these food allergy's, so basically it sounds like their telling me that they don't want to be bothered with it. I have sent a follow up request since the first request and I have not gotten any response back at all and its been a few days since I sent it. I requested the 504 initially on Aug. 18, 2014.

 

Having just set up a 504 for my child entering kindergarten, it was the principal who set it up along with the nurse.  He goes to a public school.  A 504 is a plan with modifications to what your child can do,but also other students. For example my child is airborne allergic to peanuts/tree nuts.  In the morning we decided instead of going in the all purpose room he will have to wait in the nurses room until he goes to class.  The same for the afternoon, instead of his bus room he has to wait in the nurses office.  They will list where he/she can eat.  For Matthew's they also put in that ALL children after lunch have to return to their classrooms and wash their hands before going on the playground.  They made his class and students (plus the 1st grade next door, since they share a bathroom) peanut/nut free for snack AND lunch.  They are giving the parents/children in his class the option to switch classes if this is not ok. Sorry if this became so long, but keep pushing for this.  If you have to reach out to the superintendent of your school district definitely do, having just been through this, please reach out to me if you have any questions.  I can send you everything in Matthews 504 for an example.

Hi!

 

504 eligibility does not require that a medical condition affect learning.  That is what IEPs are for. Your school nurse is misunderstanding your request.  Have you put your request in writing for a 504 evaluation?  That is the most important first step. The nurse is not the gatekeeper on 504 plans.  The 504 coordinator for your school district and the principal are the ones that you need to send the written request to. Then the nurse will get involved as part of the 504 evaluation process.

 

I highly encourage you to watch the webinar above. It explains all of this and more. It's very important that you understand your child's rights so you can advocate.

 

Lynda

Is this is a public school or school that receives public funding?

I would try approaching someone else at the school, someone in administration. The nurse may have input on accommodations but is not usually the one who makes the 504 plan decisions, including who does and doesn't qualify. Most public schools/ school districts have a Director of Special Services or Special Education or someone with some other similar title. They typically write the 504 plans and schedule the meetings. You can usually find that person's name on the school / district website, or call the office and ask. If there is no such person, go to the principal.

So, you contact that person and also submit a written, signed, dated request  (keep a copy!) stating that you are requesting a Section 504 plan for your child, as is his/ her right under Federal law. His/ her qualifying disability is life-threatening food allergies. A letter from a doctor as an attachment helps.

I'm trying to get a 504 plan for my son at his school, but is school nurse is trying to me that if his allergies don't effect his learning ability that it doesn't apply to him. She is also trying to convince me that my child is the only one with any major food allergies at his school. I don't know how to get her understand. His allergies are severe enough that he can go into anaphylactic shock and has to have his own epi-pen on him at all times.

Is there anything else I can do to get the school nurse to realize that he needs a 504 and not just an IHCP, which so far they haven't followed through with everything that was agreed upon.

Kids With Food Allergies
A Division of the Asthma and Allergy Foundation of America
4259 W Swamp Rd, Suite 408, Doylestown, PA 18902
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