I just got off the phone with my child's elementary school principal. She is not letting my daughter go on a field trip because we couldn't come with her. Well, every other time we were asked to come with it was when we signed the field trip permission slip. This time, it was the night before. We both work. Inst it the school's responsibility to get a substitute nurse? I am assuming that's what they have done for the 2 other field trips she has gone on since the beginning of this school year. Is it not covered in the American's with Disabilities act? If you find anything I can use to straighten this woman out please email me at Caydence2012@gmail.com
It is absolutely, 100% illegal for them to keep your daughter from going on the field trip because she has diabetes. It IS in the Americans with Disabilities Act.
I have a neighbor who has two kids with T1. They threatened to sue the school for not letting their daughter go on her 8th grade graduation trip; they let her go.
When I was in early elementary (I switched schools going into 3rd grade), there was a kid with diabetes in my class. The school nurse always came on trips with us; there was no substitute nurse for the rest of the school. But yes, it is their responsibility to get a substitute nurse.
I'd fight for it. And let them know that it's unacceptable to expect you to drop everything the night before so you can come.
Personally, I'd call the American Diabetes Association. They have more legal knowledge than I do and would be better able to point out how the law actually works. Plus, telling the principal that you're calling a lawyer to check the legality of their actions sometimes makes them straighten out.
I will say this stinks of discrimination and is more than likely a breach of the Americans with Disabilities Act, although I'm not entirely certain which specific sections are being broken.
I'm sorry that you and your daughter have to deal with this. It sucks to be singled out, especially to miss a field trip when it's not your fault.
Her response to me when I said "Its in the American With Disabilities act that the school needs to provide her with every chance a non-disabled child gets," She replied "Oh so the other children that need meds shouldnt get it b/c Lexi is special?" I said, "No you should have hired a sub nurse to hand out their meds!" Thats when she said she didnt like my attitude and hung up....
My daughter goes every year and luckily the nurse is there with her. I would guess there has to be a nurse and I would not let this go especially last minute like they did to you.
Thank you for this information Karen!!!!!!
The principal error-ed and potentially fatally so. Do call the district office and ask for the 504 coordinator. Depending on the size of the district this will be a person employed at the district or a person employed by a special education cooperative. Either will be fine.
Explain the situation and let them knwo you believe this falls under the 504 compliance guidelines. They will in all likelihood understand.
Now to be fair to the school district please look at your 504 plan and see what it says about field trips. If you do not have or have not had a 504 meeting please ask dad and his mother. The custodial parent must have been invited to a 504 meeting at the start of school year or sometime during the school year last year. If one has occurred see what it says about field trips. It should spell out the procedures for a field trip and it might (I stress might) say that a parent agrees to accompany the child. If it says that, and the custodial parent agreed with it, then the principal is correct. if so have the custodial parent call an emergency 504 conference to work out a new plan. This will likely only occur before the next field trip.
Now I assume no 504 plan was drawn up or signed. If that is the case, then the school has no choice but to take the child regardless of any formal policy of the district.
If a 504 plan was signed and the school agreed to provide a nurse, than of course they have the obligation.
I wish you the very best. Oh yeah, you have every right to be very angry. School principals should never hang up on anyone. It is in the manual. What manual? The one they give you when you move up from Kindergarten to 1st grad. We dont treat people bad.
Rick Phillips
Type 1 Diabetes alone does not fall under a 'disability' unless one actually has a disability due to diabetes, blind, amputations, etc...so, no it is no illegal. Also, if there isn't someone available to monitor your child safely then the school takes on that responsibility and liability, which they're not equipped to do.
We do have a 504 plan. It states we will accompany when needed. I have no problem telling work I need off to go to the park for the day as long as I am notified at least a couple days before. That is my issue that the nurse sent a note the night before saying one of us had to go. Last time we needed to come that was addressed on the permission slip.
My husband has scheduled a 504 meeting for next week.
Thank you!
http://www.diabetes.org/living-with-diabetes/parents-and-kids/diabe... i think you should read this Sarah.
I'd probably sue them, just on the principle of the thing. That's discrimination and I'm certain the school needs to make arrangements to help you.
is it really discrimination? wow, i didn't know this, is it really the school's responsibility to find a nurse to care of a type 1 child away from school? I'm all for that but had no idea that's the 'law'? That's good, I suppose. But didn't lexi's mom say that they required her to come on field trips in the past, regardless if there was a nurse or not...and that's how it worked in the past?
Not allowing a kid to go on field trip without a parent most certainly is discrimination. I would go to bat for this child and hope she got to go with her school mates. Good luck Lexi's mom, and you are quite welcome for the link info.
That is best to reconvene a 504 meeting and when you do get an understanding of what it means to mean accompany when needed. I would think when needed means being notified one week in advance, that is reasonable.
I would put the onerous on the school to notify you not vice versa. Also during the 504 meeting, make sure there is an understanding (pressed by husband) that hanging up on a parent, yes even step parent is not acceptable. Remember you and husband hold the cards here, you do not have to sign the 504 report.
good luck
rick
Acidrock, courts will not entertain these types of litigation unless the parties have made a good faith effort to work out the issue. Remember you would be going into federal court and while the ADA and the ACLU will represent a person on one of these issues, they will only do so if the parties have worked to resolve the issues.
Making it work here is far better than opening a lawsuit. The best interest of the child is the most important thing. Clearly the best interest of the child is for the adults to act as such and work it out if they can.
True. I have a short fuse and would waste my time and money to go after them to make a point.
Here some blogs about the 504 process:
http://www.tudiabetes.org/profiles/blogs/504-plans-and-the-start-of-school
also under blogs you might read several buy searching for 504.
http://www.tudiabetes.org/profiles/blog/list?q=504
Heck when I went to HS for my senior year I tried to go as long as possible without telling anyone. I made it 4 months and wow was hte nurse angry when she found out.
Times were much different back then.
Rick
ditto. And this is reason enough for me to waste my time and money...
Reply by Lexi's Step Mom 9 hours ago
Her response to me when I said "Its in the American With Disabilities act that the school needs to provide her with every chance a non-disabled child gets," She replied "Oh so the other children that need meds shouldnt get it b/c Lexi is special?" I said, "No you should have hired a sub nurse to hand out their meds!" Thats when she said she didnt like my attitude and hung up....
Inclusion of some other children in the conversation is not appropriate and hanging up on a parent is NOT EVER okay and certainly not if the parent is making an effort to see to the child's best interests.
I agree, this is so wrong.. you need to call this principal out with her superiors at the least. And make sure that next time they will make proper arrangements, meet with you and make sure that she can go and have a nurse there if you can't go.