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PostPosted: Mon Jan 09, 2012 11:17 pm 
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Joined: Mon Jul 05, 2010 11:37 am
Posts: 1523
Location: Alberta
http://www.9news.com/news/local/article ... -allergies From the sound of this, it would appear that all responsibility is w/the parent....or is that just me?

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Myself - Seasonal, cats
dd-asthma (trigger - flu) anaphylactic to eggs, severe allergies to bugspray and penicilin,pulmicort
ds-Seasonal, cats and OAS
dh-allergy cats, bugspray and guava, outgrew egg allergy


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PostPosted: Tue Jan 10, 2012 12:00 pm 
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Joined: Wed Jun 22, 2011 4:26 pm
Posts: 408
It reads that way to me too.

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anaphylaxis to tree nuts and peanuts; asthmatic, dairy intolerant, vegan
other family members allergic to to dairy, egg, peanut, peach, banana, sesame, environmentals


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PostPosted: Wed Jan 11, 2012 9:49 am 
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Joined: Tue Mar 22, 2005 11:17 pm
Posts: 6456
Location: Ottawa
A 504 plan is the only thing that will protect a child with food allergies in the US school system. Staff changes mean that any accomodations previously made can be undone.

Schools will fight the 504, trying to tell you that the IEP is good enough but it isn't.

Here's what a blogger friend of mine (AdvocateByFate) once said,

Quote:
There are differences between and IEP and a 504 plan. Generally speaking, the IEP includes modifications, accommodations and goals to support the disabled student's education. The 504 plan just has accommodations. Both attempts to level the playing field to provide free and appropriate public education (FAPE). A student with a disability that impact his/her learning falls under IEP. A student who's disability doesn't impact learning but does need accommodations to access the school falls under 504 (FA, asthma, wheelchair-bound etc). Food allergy accommodations can be included in the IEP if your child qualifies for an IEP due to a disability that effects learning.

If your child qualifies for an IEP due to a disability that impacts learning, then it's up to the district to provide policy on how to manage the 504 vs. IEP. OCR states that if a child qualifies for an IEP and a 504 plan, then the child's accommodations for the 504 plan should be put in the IEP. Since Section 504 is covered in IDEA, then the FA accommodations can be included in the IEP since IEP falls under IDEA. Some districts find it easier to add what would usually be 504 FA accommodations in the IEP (which is fine) or have both the 504 for FA and the IEP for LD. However, many are denying FA accommodations in the IEP and that is a violation of the student's rights. Whatever your district chooses, be sure that the FA accommodations (the ones that address equal access by making the environment safe) is addressed (written in detail).

The flip side to this is if your child's FA impacts his/her learning and is eligible for an IEP due to the FA. It would take A LOT to prove that FA is impacting the learning so much that modifications, accommodations and goals are necessary to level the playing field. If that is the case (and in some rare cases it is like a student who has severe anxiety due to food allergies & cannot function due to panic attacks, misses a lot of school b/c of exposure and complications to his/her health, all combined etc), the burden of proof is on the parent as many in the district have a hard time seeing the link between the two. If that's the case, then the child's disability will fall under OHI (as stated before).

http://www2.ed.gov/about/offices/list/ocr/504faq.html

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Daughter: asthma, allergies to egg, milk, peanuts, tree nuts, most legumes (not soy) & penicillin. Developing hayfever type allergies.
Husband: no allergies
Me: allergies to some tree that flowers in May
Cat: allergic to beef, pork and lamb


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PostPosted: Wed Jan 11, 2012 4:56 pm 
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Joined: Mon Jul 05, 2010 11:37 am
Posts: 1523
Location: Alberta
There sure seems to be a lot of things that can go wrong with this whole business. And imo the protection (for the most part) would seem to be on the side of the school/division/board protecting them from liability instead of protecting the child. :freak :roll: When my dh & I were talking about the loss of Megann in Quebec and the fact that no fault was found with the school but the fire department was an issue, he thought maybe that one of the reasons it was done that way was so if fines were dealt out (?) they would be within the same finance community so no real money would change hands.... Just was a thought....so many different things to think about.

_________________
Myself - Seasonal, cats
dd-asthma (trigger - flu) anaphylactic to eggs, severe allergies to bugspray and penicilin,pulmicort
ds-Seasonal, cats and OAS
dh-allergy cats, bugspray and guava, outgrew egg allergy


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