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Peanut Free class request

Just moved to a new school district. Previous district provided a peanut free classroom and several other accommodations with no problem, it was not a peanut free school. I contacted the new school two weeks ago to give them a heads up about my registering her and that she had a severe life threatening peanut allergy. They agreed to meet with me but neglected to inform me that they do not have any peanut free classrooms. Two weeks later when I register her they tell me they have no peanut free classrooms nor do they intend to make one for her. They actually said it would be against the law to tell parents they could not send peanut products for in class snack. They also said whenever there is a classroom celebration my child can sit in the nurses office? I told them we would be applying for a 504 and they said that is not what 504s are for... We even submitted a doctors note saying my child needed a peanut free class. Just curious if others have had to advocate for this and how they went about it and if they have a 504.
Thanks

By Nancy Myrick on Thu, 07-09-15, 03:52

It's against the law according the the ADA to be denied a 504 for your child's life treating food allergy. Call your local office of civial rights if you can't get your school to cooperate. The law is 100% on your side.

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By Ughpeanuts on Thu, 07-09-15, 01:41

My 10yr son has a class 5 life threatening peanut allergy. We have had a 504 plan at his school since he was in 1st grade. It requires his classroom remain 100% peanut free and NO outside food is permitted in his classroom. We also have a peanut free lunch table as well as numerous other accommodations. It is by far the best decision we've made

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By peanutfreechildren on Sun, 03-15-15, 23:42

We have a high schooler that has a severe PN and TN allergy. We are in a new school and district. I did the same that someone else said. I went to the nurse. She then had a meeting with the principal and they made all the corrections that they could. My son will walk out of a class if someone opens a product with his allergen.
As a dear friend once told me was true to anyone that has a severe life threatening food allergy.
It is a hidden disability!
Best of luck at your new school. Hope it is all worked out soon.

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By mom1995 on Sun, 03-15-15, 20:54

You do NOT need a lawyer to get a 504. You can google for examples of food allergy 504's, you can call your local Advocacy agency (usually called something like Center for Independant Living), you can even call the Office of Civil Rights for advice. 13 years of public schools NOT getting it I never had to use a lawyer. We reached an understanding before then. What I did experience often was ISD's are quick to act like they know better and they are the going to tell you what's best right up until you 'educate' them to the law and that you do know your rights and your childs rights. Then the tides turn and everyone gets on the same page.
People are just resistant to change and everyone wants to be in charge. For us they quickly learned the only person in charge was us.

By Pferdico on Sun, 03-15-15, 19:34

I am pretty knowledgeable on the topic as I have done a lot of research on this topic and have contacted attorneys. By law, your child falls under Sec 504 of the ADA act You can make them give you a plan with the help of an attorney -- guaranteed!! Good luck!

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By Ben_mom on Sun, 03-15-15, 19:25

This makes me so sad that not all schools in U.S. don't recognize the need and right for all children to have a safe environment to learn. Talk about behind the times...c'mon America! Wake up! I take for granted that I live in Canada and it is a law that all schools here are peanut/nut free. Being a mom to 2 children with nut allergies, I am thankful for our government and their commitment to children and their safety in schools. To the person who posted comparing their eczema to a peanut allergy - I feel sorry for you and your ignorance.

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By [email protected] on Sun, 03-15-15, 18:54

SeanH,
you are completely ignorant about food allergies. You need to educate yourself before blasting us. Our kids don't just get a bad case of diarrhea and a rash when they eat or touch their allergen,...THEY DIE! An "intolerance" is not the same as an allergy. You can't die of an intolerance. Our kids have every right to a safe classroom and lunchroom. No, our kids can't "just say no to peanuts" as you suggested. Peanuts are in MANY products in minute amounts. Often, they are found in products you would never suspect, like oatmeal, potato chips, cake, chili, candy, Asian food. Let's say at snack time Johnny eats a handful of Cinnamon Chex cereal. Johnny doesn't know the cereal contains peanuts because it's not in the name. So Johnny assumes it has no peanuts in it so he doesn't wash his hands after snack. He then goes to art class where he touches various markers, colored pencils, and crayons, the table, his seat etc. Julie, who is deathly allergic to peanuts has art class next period. She happens to sit at the same table Johnny sat at last class. She has no idea that some of the media items on her table are contaminated with peanuts. It's Russian roulette for her as she touches the very same markers and pencils that Johnny touched. Julie starts to get hives and throws up. On her way to the nurse Julie can't stop coughing and has trouble breathing. Luckily, the nurse knows exactly what Julie's problem is and immediately gives her the Epi-pen all PA kids keep in the nurses office. Then Julie takes an ambulance ride to the hospital because sometimes one Epi-pen isn't enough to stop the reaction and secondary reactions sometimes happen hours after the initial reaction. All because Johnny didn't wash his hands after snack, and Julie wasn't in a peanut free classroom. It's really no big deal for nonallergic children to help keep allergic children safe. I have 7 kids, but only 1 with allergies. The other 6 are certainly not suffering. Nonallergic kids can eat peanuts the other 18 hours a day at home and all weekend long. It's a minor inconvenience to SAVE A CHILD'S LIFE.

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By Nancy Myrick on Sun, 03-15-15, 18:35

I don't understand why anyone is attacking the man for not understanding the 504 issue. Most people don't understand the severity of a peanut allergy and a simple explanation to the school, like this gentleman can go so far. The thing is, the law is on your side, because the school MUST give you a 504 if you request one according to the ADA. This year, when my son started high school, there was no policies or procedures in place and I insisted on a 504. They informed me they only had medical 504 (for diabetes) or learning 504's. So, we had the whole school district change their policy of 504's all together. It needed to be changed anyway. Stay the corse because you are right.

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By LMT480 on Sun, 03-15-15, 17:29

Wow, some serious name calling. Anyway, I do get very angry when people compare an intolerance to an allergy. It's like comparing someone with a broken arm to someone with a paralyzed arm, no comparison. I'm sure if the person with a gluten intolerance touched bread containing gluten they wouldn't require an ER visit. I also go crazy with people being " deprived of their right to PB". Really?? Go ahead and eat 6 PB sandwiches in the cafeyeria, just wash your hands before going back to the classroom. And yes, you will be deprived of your PB candy in the classroom. I hope you can live without it until you get home. Since when did school become so food oriented?? We never ate in the classroom when I went to school. What's the big deal. Childhood obesity is such a huge problem anyway. Classroom snacks, if any, should be fruits and vegetables. Please don't tell me to home school either. I work full time out of neccessity and would need to go on public assistence if I was a stay at home mom, and that's a whole other blog!

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By jordnoeddeallerg on Sun, 03-15-15, 16:58

I am sorry but this thread is way out of line. Sean H is obviously ignorant and doesn't understand the severety of a peanut allergy, but I also find the insults to Sean H out of proportion.
In spite of years of lobbying from the cigerette industry we eventually banned smoking in public spaces and airplanes because we know it is unhealthy to other people and can be deadly. When one particular food can kill and severely hurt so many children why would anyone educated insist on their right to cause harm to others?
The nurse at the school stating that it is not legal to ban peanuts is absolutely wrong. Safety of all children should be her first priority if she takes nursing seriously. Unfortunately the only secure way to prevent an anaphylaxis is by not allowing peanuts because you cannot just ask someone with peanut allergies to avoid them as the allergy is airborne.
A previous school of ours had no peanut policy until one day a teacher in car pool had an anaphylaxis shock, because a little girl breathed into her face. She had just had a pbj sandwich on her way to school. The teacher had no known allergies until that day. The fear and guilt this girl had to live with afterwards, not to mention the trauma on all the kids of seeing a beloved teacher throwing up and then not breathing and being taken away in an ambulance could have been prevented. Today this school is peanut free!

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