Question About IEP and 504 Plans

Others have given good advise on the iep vs 504.

My additional thought is this: as a parent of kids without food allergies, I would like to suggest that you email parents directly to 1- explain the allergy and 2- give suggestions on snacks that are ok.

My son was is a class once with kids with allergies to nuts, peanuts, red dye 40, and more. We got notes with lists of what not to bring. I was happy to comply but was sometimes stumped as to what I COULD send in. I would have loved a note that included specific suggestions of ok foods. And my experience is that moms on the thick of handling allergies can come up with all kinds of easy ideas that I simply didn't think of.

It certainly sounds like you need to educate the teacher on the dangers of peanuts to someone that has an allergy. Can you ask to do a 15 minute lesson/overview at a teacher meeting?

A 504 plan addresses accommodations for students with a disability that impacts their access to education in the general education but does not require specialized services, and who don't qualify for an IEP.

If he qualifies for an IEP then he qualifies for an IEP. Any accommodations or modifications he needs should be listed there, even if they are for something that by itself could be addressed in a 504. (He gets an IEP for Autism. The nut allergy can be addressed there as a health impairment).

Also, just FYI, IEPs are MUCH more specific and binding than 504 plans generally, so it's in your best interest to have the nut allergy in the IEP rather than in a 504 plan even IF that was possible.

The problem seems to be that the teacher is not correctly implementing the accommodations needed for the allergy. That's not okay. Start there and get it fixed.

Hope this helps.

T.

I want to make sure I have this right. Your son has a nut allergy that can be even more frightening because of his asthma - I'm guessing because the nut allergy effects his breathing. It sounds like he's doing fine academically and any possible concerns with Autism have been handled just fine.

The only thing you really mentioned was that the notes sent home have not been accurate. If this is the case (and I'm not missing anything), why not write a letter to the parents yourself. Make an appointment to see the teacher. Explain that her notes home have been inaccurate and that you would appreciate her sending this note to all the parents. You could probably choose to not actually put your name or your son's name on the note if you would like to respect his privacy. I think I'd be inclined to include his name, as these are the classmates he will have for many years and it might be good for them to know that your son has this allergy.

I think this really should be covered in his IEP. It sounds like you just ran into a teacher who didn't fully understand your son's situation or doesn't realize how serious this can be. If writing a letter yourself doesn't work, make an appointment to see the school nurse. The nurse really should know how serious this is and be an advocate for your child.

ETA - I don't really know what tree nuts are, so don't be too upset with her for not knowing the difference between tree nuts and peanuts. Sure she could just google it, but it might be a really good idea to just spell it out for her. What are the things he can and cannot have, what ingredients do you need to look for when buying a product. Most schools do not allow homemade treats, so maybe provide a list of store bought treats he CAN have.

Is his allergy so bad that he can have a reaction if he's in the same room as someone eating something he's allergic to? Is this a situation where everyone in the room needs to be eating products he can have? Or is it ok for him to sit in the same room, he just has to have a different snack. If he can be in the same room, why not just provide snacks for him so that he gets to have a snack no matter what another child has.

I am a special ed teacher in Illinois and the allergy can be covered on the IEP. There is a medical section on the IEP. If you have documentation from the doctor submit that and request the school nurse to be part of the iep team. The nurse would be required to include that portion into the iep. At least that is my experience here in Illinois. Good luck.

ADD----
Also the nurse would be required to educate the staff on the allergies/asthma

ETA

The school can say they'll do this or they'll do that but they cannot control what parents do or don't do. They can say "Yes, we'll do what we can to provide a safe environment for your child". They cannot say "we'll wrestle a child eating a snack with nuts in it to the ground and force them to comply with what you need".

The school cannot be expected to police this issue. They can only do so much and then their culpability stops. They cannot prevent other people that are going to be around your son from eating foods with nuts in them. They don't have the legal right to force anyone to do anything.

Please understand there is a difference. You cannot force anyone to go along with this IEP/504 other than them making sure your son is not fed nut filled foods. Other than that they have no obligation or ability to force any other person that goes to that school or walks in the door to do anything.

I can walk in that school eating a Reeses Peanut Butter cup and them tell me they have a student sitting over there that's allergic, would I please throw that away and go wash.

I would then have the choice to do that OR simply say no, thank you for letting me know but I am hungry and I'm going to eat this right here right now. They cannot take my food from me, they cannot stand there and harass me, nor can they call the police on me.

There is no way they can force me to stop eating my Reeses cup but they could remove your son from the possible danger.

SO, all in all, they can try to keep stuff out of the classroom to protect him but they have no power to actually make other people stop eating nuts or having them whenever they want.

BTW, I am allergic to trees nuts. I have had a nice ride to the ER via ambulance several times now because someone decided that I was only allergic to peanuts.

I empathize with you and your concerns but that's what helps me to know what to say to you.

It is only your job to manage your child and your own household. It is not the schools job nor other parents jobs to manage their lives for your child.

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In your case you're wanting guarantees. That school will not and cannot force parents to comply to your needs. That will never happen. You will not ever have a written guarantee that your child will never come in contact with nuts.

It's not going to happen.

What is going to happen is the teacher will send notes home with the kids but it's that parents choice whether they want to follow it or not. You have the right to send specific snacks with your child that are his only.

There is nothing saying those parents won't feed their kids nut sandwiches on the way to school every morning. Then they touch a toy and then your son touches that toy and has an asthma attack. The school has no control over what parents and children do outside of the classroom.

If the child next to your son wants to eat a PB&J every day at lunch he or she has that right and it has nothing to do with you. My granddaughter only eats a PB&J sandwich every day for her lunch. She might eat something else they serve for lunch but it's more often she eats the PB&J. She has the right to eat what she wants.

You have the choice to send foods for your child that are safe for him and ask the teacher to manage this but she's the teacher, not his personal aid that is only there for him.

If you can't accept the school in this roll then you may want to home school your child but even then, he's still going to come in contact with nuts. My granddaughter ate a Reeses Cup at Walmart yesterday. She touched the cart while pushing it, she got peanut residue on it. If you came in and took that cart you'd have peanut residue on you. Transference.

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As for an IEP verses a 504 plan.

You can have one or the other but not both. Just keep in mind that an IEP often needs the doc, therapists providing services if any were needed for such things as PT or OT, the special services coordinator, the teacher, the principle, and you and hubby. This meeting usually only happens once per year to write up the plan for the following school year. All those involved in providing services need to come to the annual meeting.

A 504 plan meeting is usually only you and hubby, the teacher, and the principle. These meetings can be called at any time your child is having problems and the team needs to get together to address something to change the written plan.

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This site will give you very good information about the purposes for each type of plan and their distinct differences. Each program is specifically designed for different services.

http://www.ncld.org/

ALL links below are to specific to sections on this page.

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He has this plan due to the diagnosis of Autism. A lifelong disability that will never go away or be fixed.

What an IEP covers and it's purpose.

"The IDEA law requires that your child must meet two prongs of the law in order to be served by special education:

1. the child must have one (or more) of the 13 disabilities listed in IDEA which includes learning disabilities and attention disorders; and,

2. as a result of the disability, the child needs special education to make progress in school in order to benefit from the general education program

http://www.ncld.org/students-disabilities/iep-504-plan/wh...

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What the 504 plan does.

"504 plans are developed by school teams and parents to support the educational needs of a K–12 student with a disability that “substantially limits one or more major life activity” such as: learning, speaking, listening, reading, writing, concentrating, caring for oneself, etc."

http://www.ncld.org/students-disabilities/iep-504-plan/fi...

http://www.ncld.org/students-disabilities/iep-504-plan/is...

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Terms to know.

Individuals with Disability Education Improvement Act (IDEA) is the law that determines the IEP.

Section 504 of the Rehabilitation Act of 1973 is the law that determines/defines the 504 plan.
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Finally, this is a side by side chart the school should be using to determine which plan is best to meet your child's needs now and for future success too.

http://www.ncld.org/disability-advocacy/learn-ld-laws/ada...

You have a right for the approved IEP to be followed. I would start there.

What is your expectation here? Do you expect the teacher to become an expert in food allergies? If so, that really isn't feasible. Help her to know what is OK and what is not. Give her a list of bad foods and a list of approved foods. Please don't make her search all of this out.

As a parent of children without food allergies, I find everything pretty confusing. There was a child last year in my son's class that could not have the red dye...that seems to be in a LOT of stuff. I don't want to send in inappropriate stuff, but it is difficult to interpret some food labels. When it came time for the holiday party, I had the choice to bring something or to give money for the teacher to shop. I totally sent in money. The teacher ended up buying stuff like raw carrots, broccoli, and calliflower...most of the kids wouldn't touch it either. If the Mom had just distributed a list of safe foods, I would have been happy to provide something.

I am happy to make reasonable accommodations for a child. I am happy to alter my children's diet a bit at school. However, some hyper-vigilant Moms try to dictate what people can feed their kids at their own home before they come to school. That is where I think it gets overbearing...

Edited to add:
I just now read an article in the September issue of Parents magazine about nut allergies. It has some good advice about 504 plans and how to deal with food allergies at school. It might be a good resource to have at your IEP meeting.
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Maybe try to get your school nurse involved with the IEP meeting. Or a public health nurse. Our district has a public health nurse specifically for our schools.

One thing our school staff learned from her last year is that we can't put up signs on our classroom doors that say "nut free" because we cannot 100% guarantee that there will be no nuts. Our signs have to say "nut aware." But, if there is a student with a peanut/tree nut allergy in the classroom we have to have a sign on our door.

A couple of years ago we had a student with a tree nut allergy. The parents got permission from our principal to include a short article in the school newsletter about the allergy. They included a list of "approved" snacks, a website that is continually updated with nut free foods, and why avoiding nuts was so important. For the most part, it was well received by other parents and staff.

I assume your son has an Epi Pen at school. Has the teacher been trained in how to use it? In our district, if you have a student with an Epi pen in your classroom, you have to do training with the school nurse in how to correctly administer an Epi pen. I would be sure to include that in the IEP. Not because you are trying to make lidpfemdifficultmfor the teacher, but because you are protecting your son's life.

A little inconvenience for the teacher is trumped by your child's safety. If the IEP is not being followed, make noise about it. If need be, get the special ed director for the district involved. If IEPs are not followed, the district can lose money.

Wonder how much time is taken away from instruction because teachers now have to be the allergy police. Just from what I have read it seems like other kids lose out. In the lunchrooms there should be a peanut free table, dirty free table. You have an allergy you sit their. It is up to the parent to make sure your kid has the right food. It teachers have to worry about a kid touching something that might has residue, they may as well just give up teaching.

I do believe there are children with severe nut allergies, but somehow I have a hard time with every kid has a,life threatening allergy. ,I have a friend who's grandson had peanut butter and his,lip got red. Doc said no more. OK. She never read labels before this. Obviously not life threatening. Just don't give it to him. She has gone crazy with the whole peanut thing. She won't even come to my house for fear I might let my son have PB and J which is his all time fav. I would not do that. My son has had PB since a year old, with blessings from pediatrician. He says that the longer you keep these foods from kids, the greater the chance for allergy.

Good luck but if he is that allergic home schooling is the next best thing.

There are so many people that do not understand food allergies.

Tree nuts are almonds, walnuts - nuts grown on trees. If your son has a tree nut allergy, make a list of things he CAN eat.

Talk with the teacher and the school nurse. The teacher is there to teach, not police lunch boxes and snacks.

I realize you want your son safe. I do too. Instead of going psycho on the teacher for not knowing what your son is allergic to, make an appointment with her and get her on board to your sons needs.

Supply a box of gloves for your child to use. This will keep the skin contact down. Make sure he uses them on the play ground.

It's unreasonable to expect people know what your son can and cannot have. Talk to the principal and get an approved note home to other parents. They cannot discuss other children's health concerns with you, however, they can work with you on a note for your child's classroom. They can supply a desk or table that no one else can use during lunch. You will need to ensure they do not use the same bucket or rag to wipe his table down. Talk with them.

Just remember, you cannot control other people.

A few years ago we had a little boy in our school with severe allergies, including peanuts. Part of his accommodation was that snacks/food would never be served in his classroom (they would have birthday/party treats at recess) and during lunch he sat at a separate table. Other kids were allowed to sit with him as long as their lunches were checked for nuts first (lucky for him he was a sweet kid and lots of other kids wanted to sit with him at the special table.) He also wore gloves on the playground to protect his hands/skin from any nut debris that may have ended up there from other kids' dirty hands.
But honestly it always made me nervous. I was a classroom aide at the time and therefore had lunch duty most days. When "approving" a child's lunch I always worried about making a mistake, and somehow missing a potentially dangerous item.
I'm not sure if he had an IEP or a 504 or both, but these are suggestions you could make at your next meeting.
But still, sending him to school is always going to be a bit dangerous, isn't it? Teachers, aides, parent volunteers, we're all human, and humans make mistakes. I'm sure you don't want to keep him home (I wouldn't either) but there's bound to be a certain level of risk, no matter what's been put in writing.
I really feel for your situation, and wish you luck!!!

Yes, it sounds like you need a 504 plan. From what I understand, an IEP is more of an educational plan. A 504 is for students with conditions covered under ADA. This could include physical disabilities like paralysis, or could be allergies, asthma, or ADHD. If your district has a compliance officer, I'd start with them. If not, try the guidance counselor. I recommend doing research on 504 plans and becoming well versed in the ins and outs so you can show that you are educated and they can't try to get out of what they are legally required to do. I'd also get documentation from his doctor to back up your position. An allergy isn't always covered by ADA, but if it's life threatening it would.

ADDED: both IEPs and 504s are legally binding. An IEP deals with special I education services and accommodations above and beyond. A 504 ensures that the child has access to free and appropriate education equal to that of their nondisabled peers. An IEP can be all inclusive, but you can certainly have both. You may also look into an IHCP.

On one hand, I can understand the confusion. Tree nuts, peanuts, legumes, dairy, casein, lactose, wheat, gluten: there are so many words that mean different things, and someone new to the allergy world can easily be misguided or mistaken.

However, this is not your neighbor's house, or your elderly aunt's house. This is a school with access to professionals that must comply with laws.

I would recommend that you get a copy of the IEP and carefully review it, for wording, procedures, etc. Familiarize yourself with the allergy part of it, and any information within it about communication with other students/parents.

Then, I would ask your child's doctor or nurse for a concise letter, not about your child's private medical info, but for his caregivers' knowledge, with practical steps to take. Something to the effect of "Joey is severely allergic to ______________ (be specific; don't say nuts or tree nuts, say walnuts, pecans, peanuts, chickpeas, or whatever). His allergies include both contact, ingestion and simply being in proximity to these foods.". Then have the doctor write a plan. "Joey must not be present in the classroom when children are having snacks." "Joey's desk must be cleaned with a sanitizing cloth after other children have eaten near his desk." Make it educational in nature.

I had troubles getting the school to comply with my daughter's difficult-to-understand and unfamiliar diagnoses until her doctor wrote a descriptive letter. He did not disclose anything private, but he described my daughter's symptoms and how she must be accommodated. It was as if he were teaching someone how to take care of her and what her needs were.

Make sure you save those incorrect letters and notes, and have concrete examples of when the IEP was not followed. Be sure to have the IEP statements regarding the snacks or problems highlighted. Arrive at the meeting with your information well organized in such a way that you can instantly access information. If the school administrator says "where does it say what he's allergic to", have that info tabbed or highlighted in a specific color. Don't be angry, approach the meeting as an opportunity to come together as a team. Be positive and proactive and be a strong advocate for your child.

I would immediately ask to speak to the principal. This is not something that can wait. I would take with me a written letter to the principal stating that your son has a severe and life threatening nut allergy, perhaps add a paragraph from Google about exactly what a nut allergy is (or list the things he is allergic to), cc it to the nurse (make 2 copies to hand in), then hand it into the office and ask for a date stamped receipt. Remind them that your son is on an IEP and that you would like their assistance in getting this information on his IEP since your notes into the classroom are not being followed. I would not worry about teacher feelings when your son's life is at stake. This needs to be taken seriously. With the emphasis that is put on nut-free tables at our local schools and all the other allergies that seem more prevalent now (dairy, wheat, etc) I am really surprised that this teacher/administration is not more vigilant. It is time to make a pest of yourself until they do the right thing for your son.

My granddaughter is allergic to peanuts. She has an IEP but the allergy issue is not part of that plan. The school responded to the allergy years before she was diagnosed ADD and given an IEP. I suggest that because an allergy is not a learning disability it is not a part of his IEP. You will have more success getting help from the school if you keep the two issues separate.

You can talk with the teacher, the nurse, the principal any time and they canchange the way they respond to the allergy anytime. An IEP is modified only at specific intervals.

I suggest that you find a way to be less judgmental and approach school staff to elicit cooperation. Picture you all as a team. Consider that you may not understand the teacher. Know that you cannot dictate what she does in te classroom. There is school policy that is enforced. Do you know the policy? What specifically are they not doing? Is what is happening endangering your child? Have you documented that thru his doctor and given that documentation to the school? We worked with the school nurse regarding my granddaughter's allergies.

I wonder if part of the issue is poor communication. I'm unclear what you mean about his nut allergy. Is he allergic to all tree nuts but not peanuts? Tree nut allergies are not as serious/life threatening as peanut allergies. I have both. It would be very rare for your son to react to someone else in the room eating tree nuts. He might react if he has a peanut allegrgy. Even that would be rare. Does he have an epi pen. How closely did the doctor say he had to be monitored? Are you trying to micromanage or the opposite not talkin often enough?

A positive response to allergies is important to schools. They are aware of the ramifications of not addressing them appropriately. They do expect parents to be involved and they expect te student to know his own needs as much as reasonable at his age and help monitor himself. You cannot make the school a nut free zone.

We provided my granddaughter's snacks. She knew to ask about peanuts and not consume them. She knew to not eat anyone elses food. We knew from experience that she could sit next to someone eating a pb sandwich and be OK.

We can be fearful of allergies and make life difficult or we can learn to manage them by working with te school

I have a son who had encopresis when he was young. He also has dyslexia and has an IEP for those accommodations. His medical needs and accommodations were clearly stated in the IEP, we were told we didn't need a 504 plan.
I have never had a problem with accommodating children with food allergies. I don't understand why some parents would, and to go so far as to insist you homeschool? Because the other parent's child can't live without nuts in school? Really? Because that is what we are dealing with here, life or death. And unless that other parent's child would DIE without nuts, it's merely an inconvenience for them to not send food in with nut ingredients, and to argue otherwise is very selfish.

We are soon opening our own restaurant and we will be implementing strict kitchen practices so that people with food allergies can eat with us. We are HAPPY to do this because people with food allergies are often stigmatized and have to forgo social events like dinner in a restaurant.

If I can do this in my place of business, so can a school, and I say to the other parents, "SUCK IT UP, every child has a right to an education and inconveniencing YOU is a small price to pay to help prevent another child's DEATH."

What Thea S said but I just wanted to add in as a fellow autism mom that I really recommend the following book by Wrights Law:

http://www.amazon.com/Wrightslaw-Emotions-Advocacy-Educat...

This book is great and will help you learn how to advocate for your child in a way that is productive.

I also really like the Wright's Law: Special Education Law book but this is more technical.

You already have an IEP. Therefore, you cannot have a 504. If your son has autism, an IEP is appropriate.

The school nurse should have a master list of nut allergies. If not, most preschools do. You could read snacksafely.com or another related website to be better prepared for the IEP.

Call the school nurse tomorrow and ask her when she has a few minutes to chat. Then, I would call her and see what the teachers should be doing...... Sending a note home to parents?

Maybe your pediatrician has a sample list.

Usually there is a nut free table in the cafeteria. In the class, a list should be sent home to parents and it should be followed.

Ask the teacher if you could go in for snack or lunch to help out. This way you can see what is taking place.

Unless the Kindergarten teacher is brand new, I am sure she is aware of allergies and procedures. Yet, the first few weeks of school are very challenging....I know, I used to do it.

Ask the teacher to copy the list and send it home ASAP.

At the IEP, mention that this is a major concern of yours. Bring a sample list of foods that are ok for the parents to pack for the children.

I went as far as Talkstotrees in the responses.

My school aged daughter does not have food allergies, but she knows who does in her class. She is very careful not to take any sort of nuts to school. She reads labels and has removed something from her bag because the fine print said it may contain traces of nuts. It is in her nature to care about others.

With that said, the teacher is not educated and not willing to educate herself with the situation. My husband is the same way. He can be very difficult when it comes to proper diet and nutrition. He would be okay with eating dinner out of a vending machine, where I would prefer to go hungry for the day. I usually get through to him by leaving an article for him to read that is from a great research hospital.

Approach her with the thought that she is too dumb to get it, but it is okay, you are going to help her, to help others. Then use the chain of command. If she can't get it very soon, approach the principal. If he doesn't get it go to the school district. If they don't get it, find out who the school district elected official is for your school zone and start sending him letters. Go to the board meetings for the school district and speak during public speaking time. You will likely be given 3 minutes to speak. Know what you want to say. If you can't get this resolved, move on to your local media or get an attorney. However, I think you will get this resolved before that is necessary.

Best wishes.

Thea is right. Good luck.