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JDandMe
LIF Adult
Member since 9/10 996 total posts
Name:
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What kind of attorney?
I have a friend whose child has severe food allergies. Other than that the child is healthy and typical.
She wants to retain an attorney for her child as it appears the school wants to isolate her during lunch time (eat alone every day) and if there is a class party, the school will put her child in a class with the special needs to avoid an allergic reaction.
She wants to know what type of lawyer she need she needs to retain to represent her child to make sure the child is treated fairly. The school advised that they will will go "nut free" all b/c of one child.
ETA- Child is in 3rd grade in a regular school. A transfer from private school that was "nut free"
Message edited 9/11/2014 2:40:51 PM.
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Posted 9/11/14 2:39 PM  |
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BargainMama
LIF Adult
Member since 5/09 15657 total posts
Name:
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What kind of attorney?
Most schools are not nut free, so I'm not sure how far she will get with this. Especially since IDEA states that reasonable accommodations must be made, and sitting at a peanut free table is a reasonable accommodation. Most schools have more than one child sitting at the allergy table, and they can also pick a friend who has an allergy friendly lunch to sit with them.
I can see how allergy parents feel their children are treated unfairly, but unfortunately they are still in the minority and most places do try to offer reasonable alternatives.
Sitting in the special education class is not a reasonable alternative to the party though. The school should not allow nuts in the classroom if a child is allergic, period. That I would go to the superintendent about.
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| Posted 9/11/14 2:52 PM |
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WhatNow
Say Cheese!
Member since 1/06 8033 total posts
Name:
A (formerly WhatNow?)
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Re: What kind of attorney?
In our (public) school, children with food allergies sit at a separate table all together. So, i doubt this girl will be alone.
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| Posted 9/11/14 3:43 PM |
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sapphire
LIF Adolescent
Member since 6/06 568 total posts
Name:
Elizabeth
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Re: What kind of attorney?
You have a very long FM, but I think it will be very helpful !
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| Posted 9/11/14 5:33 PM |
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donegal419
St. Gerard, pray for us.
Member since 7/07 7650 total posts
Name:
K
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Re: What kind of attorney?
She should get a section 504 plan in place. She would need to contact the psychologist at the school or the pupil personnel department to get that started. The plan will outline the accommodations the school will need to provide (I.e. peanut free table, how/when table top surfaces should be cleaned, etc )
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| Posted 9/11/14 5:57 PM |
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Re: What kind of attorney?
Posted by BargainMama
Most schools are not nut free, so I'm not sure how far she will get with this. Especially since IDEA states that reasonable accommodations must be made, and sitting at a peanut free table is a reasonable accommodation. Most schools have more than one child sitting at the allergy table, and they can also pick a friend who has an allergy friendly lunch to sit with them.
I can see how allergy parents feel their children are treated unfairly, but unfortunately they are still in the minority and most places do try to offer reasonable alternatives.
Sitting in the special education class is not a reasonable alternative to the party though. The school should not allow nuts in the classroom if a child is allergic, period. That I would go to the superintendent about.
This. They also take this very seriously and need to protect themselves too. DS had a false positive to nuts when he was younger. He started k this year. I even had the allergist from Cohen's write a letter and I gave permission for him to sit at regular table but they are giving me a hard time because his last visit was a year ago, even though the letter is dated for August.
I have to take him to the Ped this weekend for a standing order for Benadryl.
I work with a client that got their brain injury from a reaction to nuts and they are pretty severely Impaired now so I get why the school isn't playing around with this.
DS is currently at a table with a bunch of kids until I get this cleared up.
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| Posted 9/11/14 6:22 PM |
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KarenK122
The Journey is the Destination
Member since 5/05 4431 total posts
Name:
Karen
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Re: What kind of attorney?
Posted by BargainMama
Most schools are not nut free, so I'm not sure how far she will get with this. Especially since IDEA states that reasonable accommodations must be made, and sitting at a peanut free table is a reasonable accommodation. Most schools have more than one child sitting at the allergy table, and they can also pick a friend who has an allergy friendly lunch to sit with them.
I can see how allergy parents feel their children are treated unfairly, but unfortunately they are still in the minority and most places do try to offer reasonable alternatives.
Sitting in the special education class is not a reasonable alternative to the party though. The school should not allow nuts in the classroom if a child is allergic, period. That I would go to the superintendent about.
This exactly. It is going to be very hard to make a school nut free and cost alot of money in lawyer fees to even try it.
The classrooms should be nut free though and that should not be an issue with the school. We do not have any allergies in our class this year but we still can only bring in packaged foods so they can read the labels and last year we were allowed no food at all during parties because of allergies. The parent came to read a book or do a craft instead.
As far as the separate table in the lunch room, that does not mean the child is eating alone. They can have fiends at that table as well but they just can't have nuts (or whatever allergy) at that table.
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| Posted 9/11/14 6:56 PM |
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