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I really need some advice! My son is 11 , and autistic. He was homeschooled until a year ago, in large part due to his unawareness of his allergy. He is now in school, but I have been providing transportation, until this summer, when all 3 of my kids will be attending different camps, programs, etc, and my autie son is going to extended school year a half hour away. My point is , I really need the bussing to work out this summer.
The problem is, my son's school is saying, he is not allowed to have his epi pen or benadryl on the bus, and that no trained delegate can be on the bus with him . At school, he does have his own aide who is epi pen & first aid certified. His school is telling me they have little control over the bussing situation, and the best they could do , is put my son in a 5 point harness seat belt, with an aide sitting next to him. However, we would never allow our son , in any other situation , to be without his meds. We were told if this situation is not ok with us, we can just continue to drive him.
My son is severely allergic to peanuts, and has frequent contact reactions. (not ingestion thank God) , however just last week my son was on a field trip with the school to a water park and required benadryl just from some kid touching him, and broke out in hives on his chest.
Thanks for any help or suggestions! The school is trying to find out if a trained aide can be on the bus along with my son's meds.
Yes, he is in public school.
Nickmom,
Are you in the US? If so I'll start by first linking to my site and a recent article on school plans.
http://www.bestallergysites.com/news/when-do-you-need-a-care-plan-for-fo...
My son has multiple life threatening food allergies and asperger's syndrome-which is on the autistic spectrum.
We have an IEP with autism and other health impairment cked off and an individual health care plan.
If your school received federal funds from the government you are entitled to at minimum a 504 plan. Though autism clearly qualifies an individual for an IEP. I'm going to assume you have one-if you don't you should look into getting one.
On your IEP you could also have food allergies listed under other health impairment. Regardless, there is no reason why your son should not or can not carry meds on the bus. My understanding is that the school is required to provide transportation. (This can vary by state, region, and how far you live from the school-our school has a 2 mile minimum.)
If you have an IEP I would convene a meeting to discuss this situation as the IEP process is a legal one. If they deny you, they need to do so in writing and have a reason as to why.
If they don't want your son to self carry then he should be provided with a bus aide that will carry for him. He should not be without his meds.
I would go one step further and get a letter from your allergist stating that he needs his meds with him at all times. It's pretty hard for the school to dispute a medical letter.
I understand that the bus company is more than likely a private one-but they do have a contract with the school. The school needs to ensure that all children are safe and can not (to my knowledge) put the burden on you to provide transportation.
You've been doing so thus far and it's my guess that they are trying to convince you that it's your responsibility.
That being said-they can still say no and you'd need to decide whether or not to get an advocate or take the case to the board of special education appeals.
From here on out-I'd put all your requests in writing to leave a paper trail. Schools are less likely to say no when there is a paper trail.
Hope that helps-let me know if you have any other quesitons-
Ruth
Ruth LovettSmith
Founder of http://www.bestallergysites.com/
Your Food Allergy and Gluten Free Guide, and the largest Internet directory of allergy related companies, sites, and blogs.
Disclaimer: I'm a food allergy advocate and mom of a food allergic child. I am NOT an allergist. My comments are based on my research and experiences. Please speak to your doctor regarding medical concerns.
Hi Nickmom,
Our school originally said the same thing- no meds on the bus. We created a Healthcare Plan with our district and included educating bus drivers about food allergies and how to use an epi-pen in the plan. Also included the right to carry medications on the bus. Since kindergarten my son has had his epi-pen on the bus, but I think he was the first one- although I heard from other parents that they would sneak the meds into the backpacks unknown to the school or bus company.
As Ruth mentioned previously, an IEP may be helpful in this situation. Have you requested a meeting with the school superintendent and head of the transportation company? These are the top folks who can make the decisions. I wasn't getting far dealing with the building principal, and only when I met with the head of the school district and the head of the bus company were we able to get things moving.
The Americans with Disabilities Act is on your side here. Keep us posted and let us know if you need any more guidance as you stand up for your son's rights. Good luck!
Food Allergy Assistant
Thank you all for your replies.
So far the school is not budging. I have put in a call with the school superintendent and am waiting to hear back. My husband is ready to call a lawyer, he is just livid. Not that I am happy either...
I was told today that the school nurse said it is not done . And that whoever they talked to from the bus company said they would not administer benadryl or epi pen , and in the event that my son had an emergency, they would call 911 and either bus him back to home or back to school in the event of an emergency,
How about the hospital??? WTH! Seriously...
Again thank you for the help, I am waiting to hear back from my son's allergist on his take on this. If he says absolutely not, then I guess my son is not going to extended school year, and I am going to be having some problems with my school district!
Nickmom, my son is currently in full day K and does not take the bus specifically b/c I did not feel comfortable with it.
Next year he and his brother, who will be going into K, will be riding the bus home. I called the bus company and they said the same thing "due to insurance reasons-we do not administer epi pens-we call 911"
Well we live in a small town and 911 could take up to 10 min if the responders are helping in another town. Sooo...I emailed the school sped dir, principal, and super of schools regarding the issue.
I said that 10 min was too long and that either the bus driver needed to administer OR my son needed an aide on the bus at all times.
I've also heard that candy is passed out on the bus even though there is a supposed no eating rule on the bus. So I also said I wanted it added to our plan that no candy would be served on the bus.
To my knowledge the epi pen issue is resolved and they are working on the candy issue. Not really sure what there is to work on-you don't serve candy.
Anyways-I'm expecting to hear back this week, but am also EXPECTING that they will do what I've asked.
Schools will tell you all the time that they can't do this or that-truth is that they can and disability laws like section 504 and ADA are on your side.
Yes-you may need to get an advocate or an attorney or take this to Board of spec ed appeals-assuming you have an IEP...it's up to you whether you take it that far.
In the beginning of the year, we were fighting for classroom accommodations and I nearly got to the point that we would go to BSEA. The school tries to push and call your bluff. They realized I was not bluffing, what I was asking for was reasonable and legal, and they caved.
Hopefully that works in your case too.
In my opinion-I would not ask what your allergist thinks-instead I would tell your allergist that you need a letter from him/her stating your child's allergies, that they are life threatening (if they are), and that your child needs medication/epi pen available at all times, and that early administration of medication is of the utmost importance.
I would then write a letter to the school stating your requests, attach a copy of the allergist letter and maybe even quote some sped law regarding this (again 504 and ADA) and tell them you want a response in so many days or you'll be forced to consult with a sped advocate and attorney.
Autism works in your favor as well by the way-at least in my opinion. With my son's aspergers-I can't always trust him yet to make the right decisions BUT the bus experience is also a good one for him and one he needs from a social experience standpoint. Autism is similar, so I think you can use that argument.
Best of luck!
Ruth
Ruth LovettSmith
Founder of http://www.bestallergysites.com/
Your Food Allergy and Gluten Free Guide, and the largest Internet directory of allergy related companies, sites, and blogs.
Disclaimer: I'm a food allergy advocate and mom of a food allergic child. I am NOT an allergist. My comments are based on my research and experiences. Please speak to your doctor regarding medical concerns.
So far I am getting an offer of reimbursment of like 30 cents a mile or something for driving him . His program is about 4 hours long, and I would get him there for 3. And it's 2 hours of driving for me a day, with both round trips. This is turning into a headache. At what point do you consider, it's not worth it (to even bother taking him to the program at all??)
I really thank you all for your advice.
Sorry...this is illegal. School transportation is funded in part by the federal government. Therefore, you have a right to accommodation for your son. And, if it means that the school has to pay for an aide to ride with him so the meds can be on board...then they have to.
Call the 504 coordinator for the school district...if that doesn't work...call the superintendent...next step would be to call the regional office for the federal department of education. If you can give me the state you are in, I will find that info and post it for you.
nickmom-I 2nd what cathlina says.
So you know, I heard back from my school today.
The bus company has agreed to do epi pen training by the lead school nurse prior to school starting. And they have agreed to administer the epi pen if necessary.
So it is possible. Again,I would look into the sped laws and contact the appropriate people if you really want him in the program. It's all about how much you want to advocate.
Schools are known for trying to pull the wool over one's eyes.
Best of luck to you!
Ruth
Ruth LovettSmith
Founder of http://www.bestallergysites.com/
Your Food Allergy and Gluten Free Guide, and the largest Internet directory of allergy related companies, sites, and blogs.
Disclaimer: I'm a food allergy advocate and mom of a food allergic child. I am NOT an allergist. My comments are based on my research and experiences. Please speak to your doctor regarding medical concerns.
As of yesterday , I realized I would actually be driving 4 hours ( I am also taking my other 2 non- disabled kids(for which there is no bussing) to their own respective summer camps/school) between 8 am and 1 pm if I took the school up on their reimbursment idea. I called them back and told them no, I am going to destroy my (old) car.
So, it's back to the drawing board, but with the summer session starting on the 6th next month that gives us little time.
I have been dealing directly with the supervisor, unfortunatley the next step will be for me to escalate this elsewhere, but still it won't help my son for this summer. I am trying to accept the seeming inevitable fact he will be home all summer...i love the guy to pieces, he is just a bit of a handful & needs constant structure & supervision. I will have a better plan for next summer. What is amazing to me is that I was always told by the school that I was being overprotective driving my son everywhere, etc. but as soon as I ask them to do the bussing, this happens, and no at the school wants my son on a bus.
I am in NJ . To the pp who said they got their school nurse to do the epi training, that is great news & gives me hope :) So, it IS possible, LOL . Who would have thought, right???
You need to get an advocate. See if there are any support groups for parents with special needs children in your area. They would most likely be able to get you the number of an advocate that is reliable. An advocate will help you get what you need for your son. They can be your voice and guide you through the process on obtaining a 504 or an IEP in a timely manner. I live in Wisconsin and here if you request an IEP the school has set number of days to set up the meeting. In other words, the school will most likely drag their feet and this issue may not be worked out before the start of your son's classes. But better late than never, right? Good luck.
I don't think you ever said whether you have an IEP. If you don't, you really need to go through that process. Find out who the IEP coordinator is and start now.
If you DO have an IEP, then I agree with katelyn-you need an advocate.
Most children on the spectrum NEED summer sessions to keep up with their learned skills. This would or should be a part of your IEP.
I understand what you mean by a handful-my son also needs constant structure and to be told what to do at all times.
It's hard to know all the details from a post here...and what your comfort level is.
All I can say is that if you want services and help for him you have to advocate for them whether that means getting an IEP, requesting a meeting if you already have an IEP, or getting an advocate or joining a support group to help you sort through the process.
If you don't have an IEP and have questions-feel free to ask.
Best of luck!
Ruth
Ruth LovettSmith
Founder of http://www.bestallergysites.com/
Your Food Allergy and Gluten Free Guide, and the largest Internet directory of allergy related companies, sites, and blogs.
Disclaimer: I'm a food allergy advocate and mom of a food allergic child. I am NOT an allergist. My comments are based on my research and experiences. Please speak to your doctor regarding medical concerns.
We have an IEP in place. Or should I say a UIEP (U for useless) . We even had an IEP meeting specifically to discuss the bus issue just over a week ago. We were told 'they' would look into what are options are, but that no meds were allowed on the bus, and I was free to drive him.
I agree I need an advocate, I am waiting to hear back from someone (as of yesterday) .
Thank you again all :)
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Hi nickmom,
That's a very difficult situation. Does your son attend public school? It is (in theory) easier to get accommodations from a public school.
Jennifer B
www.foodallergybuzz.com
Jennifer B
www.foodallergybuzz.com
www.peanutfreebaseball.com
Jennifer B
www.foodallergybuzz.com
www.peanutfreebaseball.com