Long Shot Public School Administration Question

[bisous]

Hi folks.

I'm in the middle of a huge fight with my DSs public school right now. We moved (within the same county in CA) and his 504 is not being followed. I'm looking for an accommodation and the school is using the excuse that it cannot accommodate my son because its insurance company won't allow them to.

This cannot be correct. Can it? Does anyone have any background on what a private insurance company can do to a school district's policy? Particularly when it regards a practice already approved by federal law?

I'm working with the ADA's (American Diabetes Association) legal defense fund and also my BILs who are lawyers. This is new to all at this point.

Told you it was a longshot but you guys are amazing.

TIA!

[crl]

Your lawyers are going to be in a better position to help. My thought would be that a public school distrct cannot use a contract to avoid their legal obligations as imposed by federal statute.

At least that would be my line of reasoning. But I'm not licensed to practice in CA and this was never my field of expertise even when I did practice law.

Catherine

[bisous]

Thank you for your reply. Your reasoning sounds good to me.

I think my problem right now is that my BILs don't practice the right kind of law and while they are trying to help us, they are doing it in in their "spare time". The ADA can't believe the school district is going this route. Even if I have to go out of pocket, I'm going to have to find a lawyer that specializes in this stuff and get some counsel.

Thanks again!

[elizabethkott]

I'm at school and my education law books are at home, but I'll see what I can find for you when I get home.
Granted, I'm in NY and NYS education law will be slightly different than CA, but IIRC, if its in the 504, the district is obligated to provide the service. If they are unable to do so, they must fund the transportation to/from the students home school to a school that is able to provide the service. The home district would also then bear the burden of paying the students "tuition" (or cost per pupil) to the new school.

[jse107]

Can I ask what the accommodation is? I just can't imagine anything that you'd be requesting that would be so impossible to accommodate.

ETA: You can always file for mediation and/or due process. Check your Parental Safegaurds (which they are required by law to give you).

[TwinFoxes]

No experience, but I would check with disabilities rights advocates, they may have lawyers who can help. Or, if your DS' disability is common enough to have a foundation/charity they might be able to help you, or point you toward help.

[niccig]

Did you swap schools and within same school district as before, or are you now in a different school district but same county? I do know that different school districts interpret IDEA and other legislation differently. It's come up in some SLP classes of mine, and the professors comment has been "it depends on how the school district interprets x in the legislation".

Not saying their interpretation is right, but that might be why one school was fine with it, and another is not if they're in different school districts.

Definitely get an advocate or someone experienced in this area of law.
I hope you can work it out for your son.

[GvilleGirl]

Not sure if this was applicable, but I saw you mentioned ADA.

http://www.dredf.org/diabetes/

or this

http://www.isletsofhope.com/diabetes/state-law/california-edu.html

[bisous]

Liz, I've been pretty disappointed in our 504 experience. It was billed to us as a federal document I can carry from school to school to insure that DS receives accommodations. In reality, it is only valid in the school district where it originated. This advice comes from the ADA and they've admitted it is weaker than is generally perceived! I'd totally appreciate anything your manuals might say.

The accommodation I'm looking for is classroom blood glucose testing. Specifically, we want a nurse or a health aide to test DS in the classroom. The school wants him to walk to the health office to test. They send another classmate to walk him to the office. The problem is that the health office is quite far away and if DS is hypoglycemic he could pass out, have a seizure, or even just lose motor coordination (and trip and fall) in the hallway en route. CA law states that he must be allowed to test himself in the classroom. However, he needs an adult to supervise. They are stating that it would violate their insurance policy if he were to test in the classroom with a supervising nurse.

[georgiegirl]

My stepmom is a lawyer in southern California specializing in special needs and schools. PM me if you want her contact info. This sounds like her kind of work.

[elizabethkott]

Ok, found this in the 50th edition School Law handbook put out by NYS School Boards Association and the NYS Bar Asociation:
Question 13:16. Are school districts responsible for providing medical services to students with disabilities?
School districts are not required to provide medical services except for diagnostic and evaluative purposes. However, districts must provide necessary school health relate services to students with disabilities.
Medical services for evaluative and diagnostic purposes refers to services provided by a licensed physician or registered health professional in consultation with or under the supervision of a licensed physician to determine whether a student has a medically related disability which may result in the student's need for special education related services.
School health officials refer to services provided by a qualified nurse or othr qualified person.
The United States Supreme Court has ruled that school districts must provide health services to students with disabilities. Long as the services do not have to be performed by a licensed physician and are necessary for the student to attend school and benefit from special education (Cedar Rapids Community School District v. Garrett F., 526 U.S. 66 (1999); Irving Independant School District v. Taro, 468 U.S. 883 (1984).

Again, remember that this is a NYS Ed law book. But your lawyers may be able to use the two supreme court cases quoted at the end.

[kmm]

No advice, but good luck to you. I am a teacher and have a student in my class this year who is diabetic. We have a nurse who does come in to be with him when he does his checks three times a day. I have also learned the basics and can be the one to make sure he ckecks and does things correctly if the nurse is unavailable. His parents have been wonderful too, and anytime I have questions or his numbers are high or low, I give them a call. It has really not been a big deal. We even do a healthy snack time when he needs to have a snack so that he is just like all the other kids.

[bisous]

Thanks, all.

I appreciate your messages of support and the info provided.

GvilleGirl, those links are great and helpful. I hadn't seen those before.

georgiegirl, I'll be pming you.

Liz, thanks for digging that up.

Nicci, your in school here in CA now so it is good to hear about the recent and local stuff.

twinfoxes, the ADA is helping out and I still think they're my best bet until I secure a lawyer.

This is a lonely road and your help is so appreciated!