re: ADA question

Also, get in touch with Families Helping Families. We got a ton of good info and assistance from them.

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ADA question My son just got a wheelchair last week. We've known about this and discussed this at length with the school. The nurse called and said they have to have a letter from the doctor in order for him to use the wheelchair at school. Like, I can't bring him to school on Monday without it. Is that legal? The doctor faxed one over and it's taken care of, but the nurse just laughed when I told her what I needed and said she has never had to do that before.

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Huh?

Your son has a wheelchair that you've known about.

You want him to use it at school, so you talked to the nurse, and she like told you that he needs to come to school with the chair?

What's the problem?

I think they're just trying to get rid of him, honestly. He only goes 3 days a week when he's well. And when he is there, they call me for the dumbest, common sense BS. Like, once they called me because he had a loose tooth and didn't want to eat. Wanted me to come get him. I told them to put him on the phone and said "eat on the other side" and that was that. It makes it really, really hard to keep a job.

Try drafting a letter to the SPED director in your school district. Your son is covered by Section 504 of the Rehabilitation Act. Have his accommodation added to the IEP. The school can not refuse his accommodation for any legal reason.

That's sad. I'm sorry.

I'd certainly make sure you have every single thing documented in his IEP. Even things that seem common sense or trivial regarding your sons care. My little brother has pretty severe CP and has always been wheelchair bound. The school system (in a pretty good parish, academically speaking) was absolutely terrible with dealing with his needs - from physical needs to testing accommodations. My step mom and dad fought the school system tooth and nail and even had a lawyer present at several IEP meetings. I really hope you don't have to deal with any of that - but just make sure you clearly specify and cover any accommodations your son may need. My bro is now completely home schooled because the fight just wasn't worth it. He was only in school a few days a week for half days, mainly for socialization.

Edited: Sounds like y'all have the IEP stuff covered. Just make sure he has different professionals handling his care that you personally trust. With my brother, he started developing these rashes on his legs and lower back. We found out from one of the paras that his aid never changed him and he would sit in the same dirty diaper the entire time he was at school.. she only changed him once a day, right before my step mom picked up him

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I know I can get it added to his IEP. The nurse said we didn't need to add it to the IEP. But since they've ignored my emails for the most part, I just didn't know if he could go to school without a letter from the doctor. I feel like saying he can't come to school without a note has got to be a violation of ADA. Kids with broken arms don't need notes to wear their casts to school.

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They don't want to go through the hassle of adding it to the IEP because an IEP can't be ignored as easily as a 504 plan. Your son is entitled to a Free and Appropriate Education (FAPE) and can't be denied schooling. They have two choices: They can accommodate him at school or provide special services at home. Draft a letter to the SPED director and tell that person that your next step is an attorney.

disclaimer: I'm an administrator in training and not a SPED expert.

Not sure what's going on with the school. Most schools jump when presented with a request for accommodations. They seem awfully bold for some reason.

I appreciate the advice. I just really wanted to know if that was legal or not. The letter from the doctor has already been sent because that was easier than standing on principle. I'm just trying to get him through the year. Maybe next year we can homeschool.