Article: Westport Student Files Lawsuit

[angel-jd1]

I found this article this morning. It is kind of upsetting. To me it sounds like this student is being denied a 504 plan for celiac disease!!!!!!! That is sooo awful.

-Jessica

Westport student files lawsuit

By JENNIFER CONNIC Hour Staff Writer WESTPORT -- One family has filed a federal suit against the Board of Education, schools Superintendent Elliott Landon and a variety of employees for violating a student's civil rights by revoking her physical disability status under federal law. The family also charges that school officials were acting against the student because one of her parents had spoken against Landon. The suit was filed in Hartford federal court last Thursday by Andrew Feinstein, the family's attorney, and was delivered to the town clerk's office on Monday. The student is listed as "J.A." in the court documents, and her parents are listed as Mr. and Mrs. A. The family is seeking compensatory and punitive damages against the school board and several individually named defendants. In addition to the school board and Landon, the family is also bringing charges against Cynthia Gilchrist, director of pupil services; Nadine Schwab, school nursing supervisor; Arlis Aron, Coleytown Middle School vice principal; and Elizabeth Russ, Coleytown nurse. Landon could not be reached for comment on Tuesday. Board of Education Chairwoman Mary Parmelee said she had no comment on the pending litigation. According to the court document, in April 2002, the student was diagnosed with celia disease, which is a digestive disorder that requires her not to eat gluten food products. Her mother reported the status to school officials in May 2002, and in November school officials determined that she "had a disability and that her impairment substantially limited a major life function," according to the court document. Under a plan, the student was allowed to store food at school and was given assurances she would be provided with gluten-free meals, the court document states. During the summer of 2003, the student's mother became concerned about the effects of stress and loss of sleep on her daughter because the middle school's start time was changed to one-half hour earlier, the court document says. In September 2003, school officials determined that the school nurse would help with a behavior management plan to help the student get more sleep, the court document states, and she would be allowed to be tardy for school without punishment. Russ, the nurse, however, did not help the student develop a plan, according to the court document. In October 2003, Schwab began to question the student's status under federal law, according to the court document, and school officials determined in November that she was not eligible for the services. The parents were not alerted of the decision, the document states, and were not properly alerted of a January hearing to review the plan. The parents, the document claims, were never told that school officials had reconsidered the student's status. A final determination was made in April 2004 to revoke the student's status, and the parents filed an appeal that was ruled on Jan. 25 this year, according to the document. The ruling states that the student was not eligible for the status under federal law, but the parents were not properly notified of the hearing, according to the document. The hearing officer also ruled that the hearing reflects "a profound breakdown in what had previously been a productive relationship between the parties in which school staff had been consistently responsive to requests by the parents concerning in-school management of the student's health needs," the court document states. "The relationship is now characterized by an atmosphere of distrust, which has shown no signs of abating over the course of this hearing." The court document also claims that Landon was seeking revenge by revoking the student's status because her father had questioned his budgeting practices in 2003. The father had been involved in reviewing the proposed 2003-04 school budget in order to save money and uncovering a number of policy problems with school purchases, including a new copier contract, according to the court document. The father was involved in writing a number of letters outlining better business practices for the school district, according to the court document. "Landon suffered considerable personal embarrassment and stress due to the financial scrutiny conducted by the father," the court document states. "Both in board meetings and in private, defendant Landon expressed his ire and indignation."

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[lovegrov]

It does sound like the board is being stupid and spiteful, and they CERTAINLY should not change her eating allowances. But I do have a problem with this:

"During the summer of 2003, the student's mother became concerned about the effects of stress and loss of sleep on her daughter because the middle school's start time was changed to one-half hour earlier, the court document says. In September 2003, school officials determined that the school nurse would help with a behavior management plan to help the student get more sleep, the court document states, and she would be allowed to be tardy for school without punishment."

I'm sorry, but just about every middle school student suffers when middle school starts early. Kids that age need to sleep later. Early middle school is a bad idea, but unless there's something here we're not being told, I'm not sure why this girl should be allowed to come in late because she has celiac.

richard

[angel-jd1]

I thought that was odd also, but thought maybe she had some other "issues" they weren't talking about in the article.

-Jessica

[plantime]

This sounds like a whole lot of the parents trying to pass responsibility of their daughter's dietary care to the school. Schools are not equipped to take sole responsibility like that. The parents need to make sure the girl gets to bed earlier the night before, and provide her lunch for school. A refrigerator is not needed to store a lunch, she can carry an insulated lunch box with a cold pack in it. Celiac is not a disability, she should never have been qualified as such to begin with.

[angel-jd1]

Celiac is not a disability, she should never have been qualified as such to begin with.

Actually having the 504 plan is a blessing to most parents. It sets guidelines as to what needs to be done for the child. As a teacher I also find it to be a blessing. It sets up some guidelines for everyone involved in the child's life at school. It makes a plan for what needs to take place. In order to have a 504 a child needs to have the classification.

-Jessica

[lovegrov]

Celiac does qualify for a 504 and I have no problem with the school being required to help with accommodations, particularly at the elementary school level, but demanding that the daughter be allowed to come in late (unless there's something we don't know) seems ridiculous.

richard

[celiac3270]

It's bad that the school won't accomodate to celiac, but I find it equally vexing that the student was allowed to arrive late at school due to increased stress and lack of sleep. It's ridiculous--in first grade I got up a little before six every morning to get the school bus--I lived the furthest away from school and I made the commute for seven years and never even considered such a ridiculous thing. There are people here, myself included, who have to go to work or school when they feel sick as a dog just so they don't fall too far behind and miss even more days--and then this parent has the nerve to drop the student off a half hour late every day because of lack of sleep...put the kid to bed earlier! Sorry to rant, but that aggravates me just as much as an unaccomodating school.

[plantime]

Exactly what is the school supposed to do to accomodate the child being celiac? The child is in middle school, and is quite capable of taking some responsibility for herself. Yes, the school should have to provide her a lunch and breakfast that is glutenfree, but what else is there that the school should have to do about it? This is a FOOD issue, not a matter of being able to go up and down stairs or through doors. Just what kind of help does this girl need?!? Do we have therapists helping us with our day-to-day lives just because we have celiac? I don't, and I don't need one! This girl and her parents are too busy being victims. Maybe they think they can get some money out of the school's insurance. It makes all of us look bad!

[lovegrov]

"Yes, the school should have to provide her a lunch and breakfast that is glutenfree, but what else is there that the school should have to do about it?"

Yes, this is what we're talking about. This is what should be in the 504.

richard

[angel-jd1]

Yes, the school should have to provide her a lunch and breakfast that is glutenfree, but what else is there that the school should have to do about it?

Those EXACT things would be in the 504 plan. Without the plan, the child would have to eat what every other student eats. WITH the plan, special dietary guidelines are set up. It protects the child, the plan follows the child from grade K-12. It is updated as needed and is a great program.

-Jessica

Here is some information on 504 plans to help clarify what they are:

Q. What is a 504 plan?

A. A 504 plan is a legal document falling under the provisions of the Rehabilitation Act of 1973. It is designed to plan a program of instructional services to assist students with special needs who are in a regular education setting. A 504 plan is not an Individualized Education Program (IEP) as is required for special education students. However, a student moving from a special education to a regular education placement could be placed under a 504 plan.

Q. How is a student considered for a 504 plan?

A. A student with a physical or emotional disability, or who is recovering from a chemical dependency, or who has an impairment (i.e. Attention Deficit Disorder) that restricts one or more major life activities.

Q. What are examples of "major life activities"?

A. Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, and learning.

Q. What is the process for placing a student on a 504 plan?

A. There are essentially four steps:

Student is referred by teacher, support staff, parent/legal guardian, physician, or

therapist. On occasion, a student may initiate a self-referral.

A 504 plan meeting is held.

A plan for the student is developed.

A review date is set.

Q. Who is involved in the process?

A. The student, parent/legal guardian, teachers, principals, Pupil Services administrators, support staff (i.e. nurse, counselor, psychologist, language/speech pathologist) as well as the student's physician or therapist may be involved in the placement process including the 504 meeting

Q. What is the teacher(s) role/responsibility in the 504 placement process?

A. If you have a concern regarding a child's performance and/or behavior that you believe is caused by a disabling condition, you should initiate a referral after consultation with support staff and/or building administrators.

Also, you should participate in any meetings where a 504 plan may be developed. Further, you should be ready to supply pertinent data and documentation such as test scores, discipline referrals, and anecdotal information to assist in the writing of the plan.

Q. What accommodations might be included in the 504 plan?

A. Attached is a sample list of accommodations taken from the Pupil Services Handbook. Additional examples are presented below:

A child's seat assignment accommodates a disability.

A diabetic child may be permitted to eat in the classroom.

A child may be permitted to go to the office for the administration of medication.

A student's assignments or testing conditions may be adjusted (i.e. extensions of time, modification of test questions).

Note: This is a team process where all members of the team, not just the teacher, may have responsibilities in fulfilling the requirements of the 504 plan.

Q. What if I disagree with the 504 plan or any of its components? What are my rights?

A. If you disagree with the 504 plan you can:

Express your views at the meeting and suggest alternatives.

Refuse to sign the plan.

Contact your building steward if you believe the plan alters your terms and conditions of employment.

Q. Once the plan is approved, what are my responsibilities?

A. You are expected to reasonably follow the strategies written to implement the plan and to participate in the review process.

Q. Can a 504 plan be altered and can I request changes in the plan?

A. Yes. Make a written request to your building principal for a Pupil Services Team meeting. Send a copy to all who attended the meeting where the original plan was approved. In addition, be sure that there is a planned review date on the original 504 document so that the effectiveness of the plan can be evaluated and adjustments made, if needed, at that time.

Q. If I sign off on a 504 plan, what is my accountability?

A. You are legally responsible to implement your designated accommodation/strategies on the plan. You are advised to maintain regular and consistent documentation to display that you have attempted to implement the plan. For example: You may keep a file of student, work or write special notations in your gradebook, or maintain personal notes. Keep copies of any adjusted tests, assignments, behavior plans, and all notes to and from parents/legal guardians.

Again, if the plan isn't working for the student, ask in writing for the assistance of support staff (counselors, nurses, psychologists, etc.). Also, some degree of accountability rests with the parents/legal guardians in following through. Do not accept the burden alone. Again, keep copies of all pertinent documents.

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Here is an example of a plan for a child who has diabetes: Open Original Shared Link

[plantime]

A child with diabetes is NOT the same as a child with celiac! A celiac child can simply carry meals from home, and eat them in the cafeteria at assigned meal times, just like any other child that carries lunch from home. Celiac does NOT disrupt school for a child. If the child is ill from accidental consumption, then the child should be at home, with a note from the doctor. That set of parents is too busy trying to pass the buck of responsibility to everyone else. My own daughter has severe food allergies that limit her eating of the school meals, and we cope with it with a LUNCH BOX and FOOD FROM HOME. It is that simple. It is a matter of taking personal responsibility. Sadly, too many parents think the school is responsible for raising the kids.

[angel-jd1]

Well I'm glad that works for you, most people choose a 504 plan for their children. It saves headaches and creates a partnership with the school. Opens lines of communication and helps out everyone involved. And the child with diabetes actually is a good example, but whatever.

I'm curious what you do for :

field trips (to the local bakery, doughnut shop, pizza parlor)

craft projects (paper mache or macaroni)

special events (someone comes into the class to make bread)

medical emergencies at school

impromptu snacks

birthday parties at school

any other even where the child risks contamination/eating something bad.

all these things involve someone being INFORMED about your child's needs. if it isn't written out, they don't technically have to be followed, to ME that's very scarey. I doubt that a pre-schooler or a kindergartner would "take charge" in any of these situations on their own accord. As a teacher I want to know what the process and needs are for each student in my classroom. I don't want to make them sick or hurt. Not having a 504 is just plain silly.

If the child is ill from accidental consumption, then the child should be at home, with a note from the doctor.

Also if you have too many of these notes without documentation (504 plan) as to a condition. You will most likely be turned in for truancy. Just a thought.

-Jessica

[debmidge]

So the 504 is basically a "safety-net" for both the teacher/school board and the student/parents which allows the affected child to have a more normal school life despite his/her affliction. With the 504 everyone now knows the parameters and what is expected out of them. I can't see how this can be a bad thing.

As to this particular situation, I think the parents might be "pushing the envelope" on the half hour issue; while the board and the parents are engaged in a tussle over an unrelated subject, and the result of this tussle is that the board is acting punitively against the student.

I do have a question, and that is (I don't have any celiac disease children) how do you parents handle day care for the youngest celiac disease children? Do day care centers refuse to take your children for fear of your child getting "glutened" while in their care?

[plantime]

A state-licensed day care is required to take kids with dietary restrictions, and to employ all means necessary to ensure that the child is cared for properly. The day care gets extra help and funding to do this, all that is required (in Kansas, any way) is a written diagnosis from the child's doctor. For a preschool and grade school child, the 504 is a safety net. The child in this lawsuit is middle school, and quite old enough and capable enough of taking care of herself. My children did not go on field trips to bakeries and donut shops and such, they went to zoos and museums. They had to pack their own lunch to take, all of the kids did. I taught them not to put stuff in their mouths, especially stuff they knew would make them sick. (It only took one round of not being able to breathe to convince my daughter to stay completely away from anything that even remotely looked or smelled like strawberry) Another board I frequent had a discussion about reasoning with a toddler instead of spanking. If a toddler can be reasoned with to that extent, then a grade schooler can be taught not to eat paper mache paste and macaronis. A note from the doctor, read and signed by the school nurse and put into my child's file takes care of emergencies. This gets updated every year during enrollment. TEACH YOUR CHILD!!! If you think doctors don't know how to handle celiac, why do you expect a teacher to know?!?!

[plantime]

What do the parents of kids without a doctor's diagnosis do? They can't get a 504. How do they handle school and day care?

[cdford]

I have no idea what a 504 plan is, but my middle school daughter was allowed to leave special foods in the cafeteria refrigerator with simply a physician's note. I provided information on both the celiac and the fibromyalgia. She was given special leeway when the FMS caused her problems with functioning in the mornings (she would sometimes require lengthy hot baths and PT to get going especially during the winter months) or created problems with her thinking skills. Most of her teachers and officials worked with us quite well. There are always that one or two, but it can usually be corrected through education. The school cafeteria was even willing to provide her a gluten-free meal for lunch if she let them know she had forgotten hers in enough time to set aside foods without seasonings, etc. They tried to keep something around for her, even if it was just some fruit on days when the entire meal could not be adjusted.

[Deby]

I'm sorry, but the whole idea that a child needs a 504 for celiac disease is dumb. I agree with everyone who said that these parents need to take some personal responsibility!!! My sons both have celiac disease. I could raise cane and require the school to provide gluten-free meals at lunch for them. But I don't want to be a pain in the ass parent causing problems for the school and doing 'my part' to raise the cost of public school. These parents are doing celiac disease a disservice.

I also have a child with a Legitimate 504 need. My daughter has severe bi polar disorder, OCD and accute paranoia. The school has worked with me since Kindergarten trying to help her have success at school. She required special teaching accomodations to help her with her fears and panic attacks. In fourth grade we decided to place her in a special school, but I'm grateful for all of the help that her public school provided as I feel we exhausted every avenue before resorting to a costly private school.

The result of all of this is I feel my sons aren't tainted by the "over demanding mother, in your face, willing to bring a lawsuit" that would have made the school leary of dealing with my sons. My son's teachers send me notes alerting me of any special parties where food will be involved. They have become great label readers. I get calls and letters making sure a food is okay. If the teachers forget, they go out of there way to get something that my boys can eat. It's wonderful and I'm so pleased to get what I get.

I'm sorry, but these parent's have just irritated me.

[angel-jd1]

I'm sorry, but the whole idea that a child needs a 504 for celiac disease is dumb.

Why is it dumb to want to protect your children? I am not saying that these particular people are correct in their thinking on the whole issues of the 30 min late start. However, celiac disease IS covered by the ADA. To think that a school could just pull this child's rights is crazy!!

I am a teacher and would prefer that my students have a 504 if they qualify. It sets up good communication lines, draws out clearly what needs to take place, and makes a safer environment for the child.

This should be a non issue. It helps kids.

-Jessica

[lovegrov]

Deby,

I also scoffed at the idea of a 504 for celiac at first but I've since read about too many schools where they refused to work with the student and parents at all. No effort to avoid contamination, no reading of labels, no substitutes when doing projects involving gluten, no storage space for special foods.

If my child had celiac disease I don't think a 504 would be necessary because I'm sure his school WOULD cooperate, but not every school is like yours and mine.

richard

[jknnej]

As a parent I could see why you might think a 504 plan is NOT necessary, but let me tell you from a teacher's standpoint, it is necessary.

Kids with 504 plans have EVERY teacher the child sees alerted to their condition and needs. In the younger grades this is very important, as kids could possibly be contaminated with a snack from a friend or a field trip or something like that. If there's a 504 plan in place, the teacher is required to make sure that doesn't happen.

As a teacher, it is much easier for me to keep track of my students' needs with a 504 plan.

As an employee of a school district, I find it frustrating that I can't find a single gluten free snack on our campus.

[angel-jd1]

THANK YOU!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Finally someone who understands where I am comming from on this.

-Jessica

[Deby]

Yes, I will agree that I'm fortunate to have a school that works with parents. I still scoff at suing the school.

[brdbntL]

Wow!

Who knew how controversial a 504 could be? My daughter is not in school yet, she will be in Kindergarden next year. My understanding of the 504 is to have everyone on the same page, not to sue the school or be an in your face kinda parent. I hope to be able to communicate with the teachers, but I would think that having it in writing makes it easier to refer to. My daughter also has diabetes, Type 1 and I hope that it won't be hard to work with the school, but it will be nice to have the 504 option to fall back on.

[Deby]

I think that if a school is cooperative, you don't need a 504 if you child only had celiac disease. That's just my opinion since my understanding (via my children's own elementary experience) is that a 504 is for a significant disability. In my mind, celiac disease issues are not significant. Type 1 diabities however is different. That requires medication and can be immediately life threatening.

I see it as my responsibility to educate my son's teachers on celiac disease. I want to personally approve or better yet provide all snacks. I don't want the school to have to deal with it because the teachers are busy enough. With class sizes in Colorado at 25+ per room, I just don't see how any teacher, no matter how informed or well intentioned, can be as careful and concerned as, I, the mother, can be.

What irritated me so much about the story that started this thread is that these parents seemed to make a mountain of difficulty over a celiac disease diagnosis. They seemed to shift the blame and responisbility to the school making their own problem everyone's problem. Frankly, I'm seeing to much of that in today's society.

[jknnej]

I agree that suing the school is just plain ridiculous in that case, but parents I strongly suggest you go with the 504 plan.

Here's why:

parents and teachers, no matter how much they try to communicate, often miss each other in the busy day, or end up playing phone tag. If you have a 504 plan, that means your child has a case manager, someone I as the teacher can call upon with a question, right on campus for me! Someone I know personally. This makes it exponentially easier for teachers to deal with these situations. You might think a 504 plan makes it harder on a teacher: you couldn't be more wrong. We love having help to turn to right on campus when we need it.

Plus, in the elementary grades it might be easy to contact teachers all of the time, but wait until high school when your child sees 7 teachers a day. Oftentimes a parent will call me and we will play phone tag for a week before I speak with them personally!

The 504 plan is a very useful tool in helping your child. I have kids with sleep disorders, eating problems, all sorts of things, and when I need help, I can call their case manager.

It is a great tool in keeping communication going between the parents and the school.

504 plans are not just for kids with serious disabilities, either. As I stated above, I have several students who have sleep problems or eating problems and they have a 504 plan.