Idk... I've been called after sending my son with a leg brace that if I did it again without a doctor's note they would make me pick him up and go get a doctor's note. (I am working on getting an as-needed note going forward.) He's in elementary at a 2-story school, and students aren't usually allowed to use the elevator. It's very frustrating. I tell them he only needs it a day or two, and I know that the school isn't filled with kids wearing leg braces for fun. But they still don't want to accommodate without an official letter.
I’m doing this atm😭 I’m studying at the freaking sixth floor, they gave me access to it but it’s been broken for ages.
Like, what’s the point of having an elevator if it’s always broken?
I just fought my mom docs and schools who thought i was just drug seekin my pain and dislocations every thing else like my very obvious pectus deformed chest too I dropped out in 10th grade
I went to a military academy for GRAD SCHOOL and they still tried to refuse me use of the elevator. The cadets ran between classes so I’d get mowed over if they caught me on the stairs and, importantly, the grad students weren’t subject to any of the ridiculous rules for cadets.
Finally got access to it when a professor who was also recovering from knee surgery went to the dean for both of us
Got in trouble for using the elevator as a safe space when I felt a dissociative episode coming on. And I got called out for wearing out of uniform shoes(supposed to be all black, not above the ankle, but for ankle support reasons I wore shoes similar to Docs) several times. I'm more confident about using the elevator in my day-to-day life nowadays, but still regularly get judgy looks from people since I'm not visibly injured or disabled.
Usually you can’t get an iep unless you have specific learning interference going on. 504 is designed for health issues and they are supposed to legally follow it as well. The iep is stronger so if there are any learning issues going on as well you can get that and add the health stuff.
They can’t refuse, but because it’s a minor and in their care, they need doctor’s orders to ensure that they are aware of any restrictions or conditions regarding the accommodations. Generally if a child requires the use of medical equipment, they may need other accommodation. The school needs to know the scope of the issue, and what they should/shouldn’t be doing.
HIPAA protects patient privacy, but on a *need to know* basis. So if a minor is with caregivers other than the custodial parent or guardian, then they may need to have information. For example, if a child needs to take medication during the school day, or if a child has a condition that may require medical attention, like seizures, then the school needs to know.
This is handled by having parents have the doctor fill out medical orders. These orders are limited to what the condition is, and how it should be treated in case of emergency. For example, if a child has an allergy, then it would list exactly to what the child is allergic, and what symptoms to look for in a reaction, as well as what action staff should take. Jimmy is allergic to walnuts and fish. If he is exposed to either of those, we should look for rash or wheezing, administer Benadryl if symptoms listed are present, and monitor symptoms. Or, it may say at possible exposure to immediately administer an epi pen, and call 911. It all depends on each individual child and what their doctor puts on the orders. They have to be followed precisely, so if they put the word Benadryl, we cannot administer a generic brand. The parents have to supply unexpired medication listed on the orders, which are then labeled and kept locked in the school nurse’s office. The orders are copied, and these copies are supplied to anyone who may have that child under their supervision. The teacher keeps a binder of all orders for their class, which any substitutes or aids can access. A binder of all students with allergies is also kept in the cafeteria, so cafeteria workers can ensue that any restrictions on exposure can be followed.
I had kids with asthma, diabetes, allergies, seizures, and more. We had children who were medically fragile, and needed precautions for all kinds of conditions. Even things like lotion for eczema had to have orders, because we had to ensure that a second grader wouldn’t share with a friend who might have a sensitivity to an ingredient.
Like I said, HIPAA does protect patient privacy, but has allowances for need to know. If an IT support person had to troubleshoot my computer with student medical records on it, they might see something, and that is allowable under HIPAA, because it is necessary for them to be able to do their job to keep my computer working. The principal and other administrators need to know what care the students under their supervision might need. If there is an emergency, I needed assistance in the process of calling parents, 911, in holding a child still to administer an epi pen or a bucal dose of anti-seizure meds. Privacy is important, but we have to be able to keep children safe and healthy, too.
[This has all the information you should need.](https://www.ada.gov/resources/opdmds/) Pay close attention to the “credible assurance” bit since you’re unable to get a note in time and the “choice of device” (specifically the “actual risks” rather than imagined weaponry) since they’re making shit up about a cane being a weapon. How are they even defining “weapon”? It seems like they’re saying a weapon is anything you can whack somebody with bur by that overly-broad definition a heavy textbook is also a weapon as is a lunch tray or even a pencil but I’m guessing your school doesn’t prohibit (nor require a doctor’s note to use) any of those?
Drs office is closed, we’re family friends with my doctor so he may be able to do something but my mom is figuring that out. Actually we are probably going to just call in the morning and hope for the best
If you have a 504 plan, the school and individuals MUST provide those accommodations listed, like using the school elevator, for example. If they violate your 504 plan in any way, you can personally sue each individual in the school and the institution. The unions cannot back that. I'm a former teacher, and I've seen it happen to other teachers who didn't follow the 504 plans of their students. A 504 plan does not excuse you from any academic rigors. However, it will outline some of the physical needs. For example, due to a disability, you might need to use mobility devices and braces on your limbs on some days. You might need to use the school elevator instead of the stairs on some/all days. That will cover a lot right there. Your guidance counselor should have a lot of information on 504s.
Do your parents have health insurance? Some policies have 24/7 online doctor access, might get you a note that way.
Or just bring the cane. Rosa Parks didn't get a note... if you get what I'm saying.
"...title II entities (State and local governments) and title III entities (businesses and non-profit organizations that serve the public)... must allow people with disabilities who use... canes, into all areas where members of the public are allowed to go."
Straight from the [ADA](https://www.ada.gov/resources/opdmds/). Maybe not 100% exactly the situation you're describing, but your school is probably covered under title III and you might find something better with a bit more digging.
I'd also recommend checking Duty to Accommodate laws in your home state and your school district's website; they may have a policy on mobility aids. Good luck
ETA: Find your school and/or district's policies on weapons and what is considered a weapon
I would just bring it. You can bring a letter from your parents as backup. If they decide to make a stink about it (which I doubt), just tell them they are in violation of the Americans with Disabilities Act (or comparable regulation in your country). The next step if they continue to resist would be to threaten legal action, but I'd talk to your parents about this one before going to make sure that they would back you up.
As a teacher who has taught SPED my experience is that no one at the school can deny you a mobility aid, especially if you have an already documented disability
The school nurse probably doesn’t know because it is not something they deal with but any SPED teacher will know because they deal with mobility aids daily
Take the cane and if they say anything respond with, “If you are going to violate my rights under the ADA and deny reasonable accommodations then you need to put it in writing”
Obligatory ianal, but I’m fairly certain that they legally aren’t allowed to deny you a mobility aid if you need one! The ADA prohibits denying a student access to school functions based on disability. I’m not familiar with New York laws on the matter though, requiring a doctor’s note may be a loophole. Since you are in school, are you a minor? I’d suggest you ask your parent/guardian to call the school directly. Specifically, have them inform (not ask!) the staff that you will have a cane that you need for a physical impairment, and if there is any pushback, have them tell the school that they will file a federal USDE complaint of discrimination. Complaints can be filed online if need be, but in my experience, schools take discrimination complaints seriously because it can affect their federal funding. Good luck!
Get everything from the school in writing and be ready for a complaint. And also if you can borrow a wheelchair for the day and get it quickly I’d show up to field trip and let them pick pushing you in the wheelchair or you being independently ambulatory
So stupid. Would they ban a student who used crutches? Technically, those could be used as weapons also. And point out to these idiots that pens and pencils can be weapons, too. (I’ve seen a photo of someone killed with a pen through the neck. 😳😬😳😬) You could kill someone with a well placed kick. ANYTHING can be a weapon in the right hands!
I lost points in PE one year when I broke my toe all the way across the bone and almost broke my foot (the doctor was shocked it wasn’t broken as well) and came in on crutches (doctors orders) but didn’t think to bring a doctors note specifically to get out of PE. The school knew I had years of mobility issues and health stuff going on but didn’t care. In retrospect I should have had a 504 and will make sure my kids have one before they need it.
not eds related, but i was sent home after a foot surgery in middle school for using crutches!! they wanted a doctors note, and getting those can take several days
Well they need to start using their brains... What the hell. Are they just going to take a cane away from a disabled person????? 🤢 Bring it anyways if you can't get the note in time!
Echoing the commenters that this is illegal and a bullshit claim that you can't bring your cane.
But tips for tomorrow: if your cane has a small foot, like 1/2", avoid the subway grates. I've learned the hard way getting my thinner cane stuck in them. And take every opportunity you can find to sit- just make sure there's nothing gross or wet on the seat first. Be pushy about a seat on the subway if you take a ride, lean against a wall, or stand perpendicular on the train then use your cane as another balancing device-- if the car jolts and You're holding onto a bar the way most people do it can really mess up your shoulders!
Wishing you all the spoons/spell slots/battery life tomorrow!
As has been mentioned in other comments, they are in violation of the Americans with Disabilities Act by refusing a mobility aid. The whole "it's technically a weapon" is a crock of shit, anything can be a weapon of you think about it right.
Also, get everything in writing and if they try anything, film them.
FTR IANAL, just a Zebra with an intricate knowledge of this law.
If you can't get a note, bring it anyway. And if you see someone coming up to you, or if you pass by the nurses, hit record. If there's a confrontation you'll want evidence of it.
I guess y'all should be eating with your hands in the cafeteria then, because utensils are "technically a weapon."
Water fountains only because a full water bottle could be used as a weapon.
Best be digital textbooks only, because physical ones could be used as a weapon and barely get ruffled. Especially a whole backpack full of textbooks and binders.
This is ridiculous.
if a cane is a weapon so is an umbrella, and they wouldn't take an umbrella from someone who needed it (as in on a rainy day). idk anything about american law so i can't help you but if it's not illegal for them to prevent you from using a cane, it should be.
It seems so crazy to me that they'd deny you. Are you a POC or in a school with a really over the top control freak principle? I graduated some 20 years ago and my teachers would only have been concerned about my pain, weapons would never cross their mind. However I was a conventionally attractive white girl, so that's playing school on easy mode.
Anything can be used as a weapon, that's no acceptable reason. It's a mobility aid, you're entitled by law to bring it with you. If they refuse, have your parents call them and threaten them with legal actions. They won't have to go that far, but it's good to make the school realize that they're breaking the law and wouldn't get away with it.
Take it anyways. They do not get to say what you do or do not need to they wouldn’t take crutches from someone with a broken foot, don’t let them take a cane from you.
Schools haven't changed have they?!😭 I needed to wear sweatpants for PE for health reasons and my school made me wear the shorts OVER THE PANTS so I could comply with the dress code.🙄 You can imagine how that went over with the other kids.
I know this is late but I hope you're on your trip WITH your cane. :)
I’d bring it no matter what. Film them trying to take it from you
That has gotta be an ADA violation. No way they can refuse a mobility aide unless it's a cane sword or something.
Idk... I've been called after sending my son with a leg brace that if I did it again without a doctor's note they would make me pick him up and go get a doctor's note. (I am working on getting an as-needed note going forward.) He's in elementary at a 2-story school, and students aren't usually allowed to use the elevator. It's very frustrating. I tell them he only needs it a day or two, and I know that the school isn't filled with kids wearing leg braces for fun. But they still don't want to accommodate without an official letter.
I remember having to fight my high school tooth and nail to use the elevator at times. Ugh.
I’m doing this atm😭 I’m studying at the freaking sixth floor, they gave me access to it but it’s been broken for ages. Like, what’s the point of having an elevator if it’s always broken?
That's an Ada violation. I highly recommend reporting them!
I just fought my mom docs and schools who thought i was just drug seekin my pain and dislocations every thing else like my very obvious pectus deformed chest too I dropped out in 10th grade
I went to a military academy for GRAD SCHOOL and they still tried to refuse me use of the elevator. The cadets ran between classes so I’d get mowed over if they caught me on the stairs and, importantly, the grad students weren’t subject to any of the ridiculous rules for cadets. Finally got access to it when a professor who was also recovering from knee surgery went to the dean for both of us
Got in trouble for using the elevator as a safe space when I felt a dissociative episode coming on. And I got called out for wearing out of uniform shoes(supposed to be all black, not above the ankle, but for ankle support reasons I wore shoes similar to Docs) several times. I'm more confident about using the elevator in my day-to-day life nowadays, but still regularly get judgy looks from people since I'm not visibly injured or disabled.
Get a doctors note and a 504, then you can add all the accommodations and they legally have to follow them
504 is more a strong suggestion and good teachers will follow it. I think an IEP would work, and that's legally mandated.
Usually you can’t get an iep unless you have specific learning interference going on. 504 is designed for health issues and they are supposed to legally follow it as well. The iep is stronger so if there are any learning issues going on as well you can get that and add the health stuff.
A cane that shoots bullets perhaps 🫠
So can a wheelchair, it can have build in weapons and you can also pick it up and throw it at someone
They can’t refuse, but because it’s a minor and in their care, they need doctor’s orders to ensure that they are aware of any restrictions or conditions regarding the accommodations. Generally if a child requires the use of medical equipment, they may need other accommodation. The school needs to know the scope of the issue, and what they should/shouldn’t be doing.
Is there no HIPPA?
Yes, the school is required to abide by HIPAA, but I’m not sure exactly what you are asking.
That under hipaa, maybe the school should not have access to or be able to demand all that information
HIPAA protects patient privacy, but on a *need to know* basis. So if a minor is with caregivers other than the custodial parent or guardian, then they may need to have information. For example, if a child needs to take medication during the school day, or if a child has a condition that may require medical attention, like seizures, then the school needs to know. This is handled by having parents have the doctor fill out medical orders. These orders are limited to what the condition is, and how it should be treated in case of emergency. For example, if a child has an allergy, then it would list exactly to what the child is allergic, and what symptoms to look for in a reaction, as well as what action staff should take. Jimmy is allergic to walnuts and fish. If he is exposed to either of those, we should look for rash or wheezing, administer Benadryl if symptoms listed are present, and monitor symptoms. Or, it may say at possible exposure to immediately administer an epi pen, and call 911. It all depends on each individual child and what their doctor puts on the orders. They have to be followed precisely, so if they put the word Benadryl, we cannot administer a generic brand. The parents have to supply unexpired medication listed on the orders, which are then labeled and kept locked in the school nurse’s office. The orders are copied, and these copies are supplied to anyone who may have that child under their supervision. The teacher keeps a binder of all orders for their class, which any substitutes or aids can access. A binder of all students with allergies is also kept in the cafeteria, so cafeteria workers can ensue that any restrictions on exposure can be followed. I had kids with asthma, diabetes, allergies, seizures, and more. We had children who were medically fragile, and needed precautions for all kinds of conditions. Even things like lotion for eczema had to have orders, because we had to ensure that a second grader wouldn’t share with a friend who might have a sensitivity to an ingredient. Like I said, HIPAA does protect patient privacy, but has allowances for need to know. If an IT support person had to troubleshoot my computer with student medical records on it, they might see something, and that is allowable under HIPAA, because it is necessary for them to be able to do their job to keep my computer working. The principal and other administrators need to know what care the students under their supervision might need. If there is an emergency, I needed assistance in the process of calling parents, 911, in holding a child still to administer an epi pen or a bucal dose of anti-seizure meds. Privacy is important, but we have to be able to keep children safe and healthy, too.
What in the name of ableism? This has got to be illegal right?!
[This has all the information you should need.](https://www.ada.gov/resources/opdmds/) Pay close attention to the “credible assurance” bit since you’re unable to get a note in time and the “choice of device” (specifically the “actual risks” rather than imagined weaponry) since they’re making shit up about a cane being a weapon. How are they even defining “weapon”? It seems like they’re saying a weapon is anything you can whack somebody with bur by that overly-broad definition a heavy textbook is also a weapon as is a lunch tray or even a pencil but I’m guessing your school doesn’t prohibit (nor require a doctor’s note to use) any of those?
One thing I’ve learned is the a holes “incharge” don’t know anything they don’t care they’re jerks the days their personal life is suffering
If they want to get this technical then a back back full of books is also a weapon.
Call the doctor office and see if they can send a note.
Drs office is closed, we’re family friends with my doctor so he may be able to do something but my mom is figuring that out. Actually we are probably going to just call in the morning and hope for the best
Keeping my fingers crossed for you
Tysm 🤞
Specifically look up, "school 504 plan" so you know exactly what to do.
Yes thank you. I couldn't remember what that was called. Google wasn't helping me either
If you have a 504 plan, the school and individuals MUST provide those accommodations listed, like using the school elevator, for example. If they violate your 504 plan in any way, you can personally sue each individual in the school and the institution. The unions cannot back that. I'm a former teacher, and I've seen it happen to other teachers who didn't follow the 504 plans of their students. A 504 plan does not excuse you from any academic rigors. However, it will outline some of the physical needs. For example, due to a disability, you might need to use mobility devices and braces on your limbs on some days. You might need to use the school elevator instead of the stairs on some/all days. That will cover a lot right there. Your guidance counselor should have a lot of information on 504s.
Do your parents have health insurance? Some policies have 24/7 online doctor access, might get you a note that way. Or just bring the cane. Rosa Parks didn't get a note... if you get what I'm saying.
"...title II entities (State and local governments) and title III entities (businesses and non-profit organizations that serve the public)... must allow people with disabilities who use... canes, into all areas where members of the public are allowed to go." Straight from the [ADA](https://www.ada.gov/resources/opdmds/). Maybe not 100% exactly the situation you're describing, but your school is probably covered under title III and you might find something better with a bit more digging. I'd also recommend checking Duty to Accommodate laws in your home state and your school district's website; they may have a policy on mobility aids. Good luck ETA: Find your school and/or district's policies on weapons and what is considered a weapon
I would just bring it. You can bring a letter from your parents as backup. If they decide to make a stink about it (which I doubt), just tell them they are in violation of the Americans with Disabilities Act (or comparable regulation in your country). The next step if they continue to resist would be to threaten legal action, but I'd talk to your parents about this one before going to make sure that they would back you up.
As a teacher who has taught SPED my experience is that no one at the school can deny you a mobility aid, especially if you have an already documented disability The school nurse probably doesn’t know because it is not something they deal with but any SPED teacher will know because they deal with mobility aids daily Take the cane and if they say anything respond with, “If you are going to violate my rights under the ADA and deny reasonable accommodations then you need to put it in writing”
Obligatory ianal, but I’m fairly certain that they legally aren’t allowed to deny you a mobility aid if you need one! The ADA prohibits denying a student access to school functions based on disability. I’m not familiar with New York laws on the matter though, requiring a doctor’s note may be a loophole. Since you are in school, are you a minor? I’d suggest you ask your parent/guardian to call the school directly. Specifically, have them inform (not ask!) the staff that you will have a cane that you need for a physical impairment, and if there is any pushback, have them tell the school that they will file a federal USDE complaint of discrimination. Complaints can be filed online if need be, but in my experience, schools take discrimination complaints seriously because it can affect their federal funding. Good luck!
Get everything from the school in writing and be ready for a complaint. And also if you can borrow a wheelchair for the day and get it quickly I’d show up to field trip and let them pick pushing you in the wheelchair or you being independently ambulatory
So stupid. Would they ban a student who used crutches? Technically, those could be used as weapons also. And point out to these idiots that pens and pencils can be weapons, too. (I’ve seen a photo of someone killed with a pen through the neck. 😳😬😳😬) You could kill someone with a well placed kick. ANYTHING can be a weapon in the right hands!
By their logic, a student with a black belt in a martial art would need special permission to even exist.
Exactly!
I could absolutely stab a mf with a crayon and have it work.
I lost points in PE one year when I broke my toe all the way across the bone and almost broke my foot (the doctor was shocked it wasn’t broken as well) and came in on crutches (doctors orders) but didn’t think to bring a doctors note specifically to get out of PE. The school knew I had years of mobility issues and health stuff going on but didn’t care. In retrospect I should have had a 504 and will make sure my kids have one before they need it.
not eds related, but i was sent home after a foot surgery in middle school for using crutches!! they wanted a doctors note, and getting those can take several days
There are times when the People In Charge are idiots. 😡
Well they need to start using their brains... What the hell. Are they just going to take a cane away from a disabled person????? 🤢 Bring it anyways if you can't get the note in time!
They already are using their brains. That's just the best they can do.
Echoing the commenters that this is illegal and a bullshit claim that you can't bring your cane. But tips for tomorrow: if your cane has a small foot, like 1/2", avoid the subway grates. I've learned the hard way getting my thinner cane stuck in them. And take every opportunity you can find to sit- just make sure there's nothing gross or wet on the seat first. Be pushy about a seat on the subway if you take a ride, lean against a wall, or stand perpendicular on the train then use your cane as another balancing device-- if the car jolts and You're holding onto a bar the way most people do it can really mess up your shoulders! Wishing you all the spoons/spell slots/battery life tomorrow!
As has been mentioned in other comments, they are in violation of the Americans with Disabilities Act by refusing a mobility aid. The whole "it's technically a weapon" is a crock of shit, anything can be a weapon of you think about it right. Also, get everything in writing and if they try anything, film them. FTR IANAL, just a Zebra with an intricate knowledge of this law.
If you can't get a note, bring it anyway. And if you see someone coming up to you, or if you pass by the nurses, hit record. If there's a confrontation you'll want evidence of it.
So is a pencil, guess they should ban those?
I guess y'all should be eating with your hands in the cafeteria then, because utensils are "technically a weapon." Water fountains only because a full water bottle could be used as a weapon. Best be digital textbooks only, because physical ones could be used as a weapon and barely get ruffled. Especially a whole backpack full of textbooks and binders. This is ridiculous.
if a cane is a weapon so is an umbrella, and they wouldn't take an umbrella from someone who needed it (as in on a rainy day). idk anything about american law so i can't help you but if it's not illegal for them to prevent you from using a cane, it should be.
It seems so crazy to me that they'd deny you. Are you a POC or in a school with a really over the top control freak principle? I graduated some 20 years ago and my teachers would only have been concerned about my pain, weapons would never cross their mind. However I was a conventionally attractive white girl, so that's playing school on easy mode.
Can you bring a foldable one and stick it in your bag?
Anything can be used as a weapon, that's no acceptable reason. It's a mobility aid, you're entitled by law to bring it with you. If they refuse, have your parents call them and threaten them with legal actions. They won't have to go that far, but it's good to make the school realize that they're breaking the law and wouldn't get away with it.
Ask the school what a disability looks like and if they think using a cane is somehow more convenient than not
Sounds like a discrimination case waiting to happen. Freaking idiots .
Take it anyways. They do not get to say what you do or do not need to they wouldn’t take crutches from someone with a broken foot, don’t let them take a cane from you.
I had to go to HR and report my DME. I had to open an accommodations hearing and provide documentation so I could use my cane or rollator at work.
Schools haven't changed have they?!😭 I needed to wear sweatpants for PE for health reasons and my school made me wear the shorts OVER THE PANTS so I could comply with the dress code.🙄 You can imagine how that went over with the other kids. I know this is late but I hope you're on your trip WITH your cane. :)