Help with Laws and after school care

2 replies [Last post]
Mon, 08/04/2008 - 19:58
Theresa13
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User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 08/04/2008

Looking to see if anyone can help me . I have a six year old child who will be entering the public school system for the first time . She has a peanut / tree nut allergy . So far the school has been great with us and is setting up a 504 plan.
My question is this . We are not able to find anyone in our area that is willing to take my daughter into a after school program from 2:00 to 5:30 when I can pick her up. The one program that was willing to talk to us holds the after school program in the building where she will be attending school and is run by our town. We thought we were going to be all set with this program but now they are asking us to sit down with a lawyer and sign paperwork that basically says that if she has a problem that we are aware that they are not trained and are not liable if she has a problem .
If we do not sign this paperwork they will not let her attend the program .
We are looking for any help on where to get legal advise in NY state .
Does anyone have any ideas ?
Thank You .

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Tue, 08/05/2008 - 12:35
#1
cristym
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User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 11/19/2007

Theresa -
Have you contacted your State Representative or State Senator, that would be the first place I started? This thread was on Recreation Camps offered through a town, but I would think the same would apply.

ETA -
Found it!

[url="http://www.peanutallergy.com/boards/ubbthreads.php/ubb/showflat/Main/31265/Number/257267#Post257267"]http://www.peanutallergy.com/boards/ubbthreads.php/ubb/showflat/Main/31265/Number/257267#Post257267[/url]

The following quote is from the thread.

Originally Posted By: Krusty KrabLook into ADA regulations.

From the US Department of Justice Civil Rights Division website:

[url="http://www.ada.gov/5yearadarpt/ii_enforcing_pt2.htm"]http://www.ada.gov/5yearadarpt/ii_enforcing_pt2.htm[/url]

[i]The Department also has provided technical assistance to centers to enable the providers to find ways to accommodate children with severe allergies. For example, in 2006, the Department offered technical assistance to a large language immersion summer camp program in the Midwest that had refused to enroll a child with severe food allergies because the provider would not agree to administer epinephrine via an "Epi-pen Junior" in the event of a life-threatening emergency. After receiving technical assistance from the Department, the camp decided to enroll the child and she participated successfully in the camp program.[/i]

[url="http://www.ada.gov/5yearadarpt/v_tech_assistance.html"]http://www.ada.gov/5yearadarpt/v_tech_assistance.html[/url]

[i]The ADA Information Line (1-800-514-0301/v; 1-800-514-0383/tty) assists callers in understanding the ADA and how it applies to a caller's specific situation, thereby assisting people with disabilities in fully participating in all aspects of society.[/i]

__________________

Cristy

DS 9 PA, TNA, Oral Allergy Syndrome
DD 3 PA, TNA
DD 3 no known food allergies reflux and eczema

__________________

Cristy

DS 9 PA, TNA, Oral Allergy Syndrome
DD 3 PA, TNA
DD 3 no known food allergies reflux and eczema

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Sat, 08/09/2008 - 15:33
#2
Mrsdocrse
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User offline. Last seen 1 year 12 weeks ago. Offline
Joined: 01/16/2007

Hi There

who runs the afterschool program? Is it an organization like boys and girl club or YMCA? Or is it a private day care that comes into the school. I agree that I would start with the local govt. maybe the school committee. I think in that sense I would get a lawyer myself to see what they think of discriminated agaist someone with a disability.

sorry that you have to go through this. We use after school care at my school and they are peanut free as is the school.

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