Stinky
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 Posted: Jun 10th, 2008 at 10:02 pm
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Jun 10th, 2008 at 06:03 pm, WarmT wrote:
Stinkerbutt,
I wanted to add some of what our attorney had to say about this issue during our hearing.
The existence of an IHCP is not a mitigating measure. Mitigating Measures are devices or practices a student uses on his/her own to reduce or eliminate the effects of the student’s impairment. It’s something that the student can use without assistance by the school.
The existence of an IHCP absolutely is not a substitute for section 504 eligibility.
We heard the school’s view essentially is that if you can write an IHCP then you don't really need a 504 plan. This is a flawed premise, because one is not intended to substitute another. IHCP's are not intended to trump or replace 504 eligibility. IHCP's might become part of 504 plans, but it's not a substitute.
Hope some of this might help.
Hugs,
WarmT
thank you ! I think that will be helpful.
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I spell bad and am not a medical professional.
DS(1 and only) - PA,
Ddog - allergic to wheat - on gf raw food
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artlvr
Member Member is offline Happy Holidays
Posts: 2,277
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Posted: Jun 10th, 2008 at 10:55 pm
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SB,
I am so very sorry your school is playing hard ball. 
I'm in a similar situation (can't get a 504 as of yet for other reasons). I'm going to be contacting a few more people in a couple of days. I'll get back to you when I get a response to let you know if my "lead" is viable or not in assisting you as well.
Hang in there...
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Kimberly
Midwest, USA
PA only
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Stinky
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Posted: Jun 10th, 2008 at 11:56 pm
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Jun 10th, 2008 at 10:55 pm, artlvr wrote:
SB,
I am so very sorry your school is playing hard ball.
I'm in a similar situation (can't get a 504 as of yet for other reasons). I'm going to be contacting a few more people in a couple of days. I'll get back to you when I get a response to let you know if my "lead" is viable or not in assisting you as well.
Hang in there...
I think they are just clueless about a 504 for LTFA right now. I do think they would do a very good IHP that would cover a lot of inclusion type stuff - and that's great - there is a high level of awareness here - but it will be higher soon. 
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I spell bad and am not a medical professional.
DS(1 and only) - PA,
Ddog - allergic to wheat - on gf raw food
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ajasfolks2
Moderator1 Member is offline Pointing toward TRUTH
Posts: 9,541
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Posted: Jun 11th, 2008 at 09:54 am
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Jun 10th, 2008 at 11:56 pm, Stinky wrote:
Jun 10th, 2008 at 10:55 pm, artlvr wrote:SB,
I am so very sorry your school is playing hard ball.
I'm in a similar situation (can't get a 504 as of yet for other reasons). I'm going to be contacting a few more people in a couple of days. I'll get back to you when I get a response to let you know if my "lead" is viable or not in assisting you as well.
Hang in there... I think they are just clueless about a 504 for LTFA right now. I do think they would do a very good IHP that would cover a lot of inclusion type stuff - and that's great - there is a high level of awareness here - but it will be higher soon.
Roger, copy on the CLUELESS.
Hope they can handle your king-sized, ironclad CLUES! 
~e
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artlvr
Member Member is offlineHappy Holidays
Posts: 2,277
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Posted: Jun 11th, 2008 at 12:41 pm
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Kimberly
Midwest, USA
PA only
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[deleted]
Member is offline
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Posted: Jun 11th, 2008 at 09:55 pm
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Jun 10th, 2008 at 10:55 pm, artlvr wrote:
SB,
I am so very sorry your school is playing hard ball.
I'm in a similar situation (can't get a 504 as of yet for other reasons). I'm going to be contacting a few more people in a couple of days. I'll get back to you when I get a response to let you know if my "lead" is viable or not in assisting you as well.
Hang in there...
Artlvr,
PM me if you'd like a contact in our state for an advocate I know could help you.
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aggiedog
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Posted: Jun 13th, 2008 at 09:56 am
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Stinker,
Did you see McCobbre's post regarding Gloucester and the OCR?
Very illuminating, including a reference that an IHP alone is NOT sufficient for children with LTFA, according to the OCR. That NOT providing a 504 is in fact discrimination.
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Stinky
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artlvr
Member Member is offlineHappy Holidays
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McCobbre
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Posted: Jun 13th, 2008 at 02:52 pm
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"Words are our most inexhaustible source of magic. They are potent forms of enchantment, rich with the power to hurt or heal."~Albus Dumbledore
Me: shellfish, chamomile, sesame and a few odds & ends
DS: peanuts
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McCobbre
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Posted: Jun 13th, 2008 at 02:59 pm
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Duh, of course it does.  Do I not know this entire letter by heart??
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"Words are our most inexhaustible source of magic. They are potent forms of enchantment, rich with the power to hurt or heal."~Albus Dumbledore
Me: shellfish, chamomile, sesame and a few odds & ends
DS: peanuts
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aggiedog
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Posted: Jun 13th, 2008 at 04:01 pm
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McCobbre, that was one of the lines that really jumped out...that providing an IHP is NOT enough in the eyes of the OCR.
Just perhaps 504's carry legal mandates, so can not be simply ignored at the discretion of the school district, hmmm? 
Really puts a gaping hole in the "an IHP is just as good as a 504" argument, doesn't it?
Man, that whole letter makes me want to take up my sword and beat down our school and the public school...just because it would be fighting the good fight.
Must take deep breaths...
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artlvr
Member Member is offlineHappy Holidays
Posts: 2,277
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Posted: Jun 13th, 2008 at 05:40 pm
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Kimberly
Midwest, USA
PA only
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Stinky
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Posted: Jun 16th, 2008 at 04:25 pm
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Here is what I just got from the SD attny - after firing my bear cannon!
I think you have this right, i.e. your child is eligible under Section 504 and the planning can be about the training, preparation, and responses related to the allergy and what the school is to do to support your child’s attendance safely at school. There is the legal requirement for school districts in this state to have an emergency health care plan in writing, whereas Section 504 requires that the actual accommodations be in place even though there is no specific legal requirement to have what everyone calls a “Section 504 Plan;” however, we do use “Section 504 Plans” in our district as a best practice and as a way to document what a child needs. Thus, the two can work together.
Thank you very for doing some of the research for me; and I wish your son much success and good health in school next fall.
******thoughts?
I'm doing the happy dance but am not sure if I missing a little slant of something in here?
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I spell bad and am not a medical professional.
DS(1 and only) - PA,
Ddog - allergic to wheat - on gf raw food
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Momcat
Member Member is offline Kliban's Momcat
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He doesn't need a 504 - an IHP will act as his 504 : Page 3 = 504 winning arguement; Page 5 - one month in - (Read 6,329 Times)
