In California, a federal judge recently ruled that serving a peanut butter cookie to a child was not a violent act. The ruling came after the child's parents filed a civil rights case, arguing that the child's elementary school hurt their son by failing to protect him from allergies.
U.S. District Judge Oliver Wanger ruled that the school, located in rural California, did not intentionally harm the son of Lawrence and Darlene McCue by not keeping him in a nut-free environment even though he is allergic to nuts.
The McCues argued that the principal of the school, Robin Shive, harmed their son by refusing to ban nuts and products containing nuts from the school grounds. In doing so, they said, she failed to adequately accomodate their son's peanut allergy. According to the McCues, the principal initially said their son would need to eat at a nut-free lunch table. Then, the McCues say, Shive said he would have to eat his lunch in the school's office, away from other children.
Neither of these approaches was able to protect him from allergies. On February 28, 2008, he was sent to the hospital after eating a peanut butter cookie he received at a school event.
This allergic reaction led the McCues to file a civil rights lawsuit, alleging that Shive and other school officials had tried to harm their son by refusing to prohibit nuts in the school. In his ruling, Judge Wanger found no proof that they had tried to intentionally harm the McCues' son or infringe upon his constitutional rights.
"A refusal by school administrators to abolish all nut products from a school's campus is not the type of statement that would reasonably tend to produce fear in an ordinary listener," Wanger wrote. He also noted that there was no evidence that anyone had threatened to intentionally expose the McCues' son to nuts, or that the cookie came from someone who knew about the boy's allergy.
Do schools have a responsibility to protect children with peanut allergies from products containing peanuts? What do you think?
Read more about this case: http://www.courthousenews.com/2011/03/15/34944.htm
It is the schools job, but
It is the schools job, but also the parents. My daughter has been served food by an uncaring teacher on several occasions. Luckily no reaction. Now she knows she eats nothing in school but the lunch and the snacks that I give her. She has even brought home cupcakes given to her and said to be safe. I throw them away and bake her some right away. I'm not saying its easy but she knows what she has to do to stay safe and she is only 7. Its sometimes hard on her but its the easiest way to stay safe.
This terrifies me!!! WTH,
This terrifies me!!!
WTH, this is so not right :( poor little kid
When are the schools going to realize the things that they do have consequences, whether a judge rules it so or not they hurt that poor little boy... as for the law it needs to be revamped to protect our children not our schools. My 3 year old has touch and air sensitivity if he digested peanuts he might not make it through to hospital 40 minute from the school even with his double pack of epi pens. Our school I for see having the same issue of only granting a peanut free class room and peanut free table. The child taking a cookie from a adult would not question if it was ok, they would believe that the adults are there to protect him. So sad and so scary :(