504 meeting...

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I don't have time to update right now, our meeting was okay, they still wouldn't budge on the classroom....I can explain more in the am. The lunchroom will stay the same, at least for him. Anyways, I was at the doc for 3 hours with him today, then we ended up in the ER tonight...asthma, I'm pooped! I'll jump on in the morning though...thanks and HUGS [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

------------------ Chanda(mother of 4) Sidney-8 (beef and chocolate, grasses, molds, weeds, guinea pig & asthma) Jake-6 (peanut, all tree nuts, eggs, trees, grasses, weeds, molds, cats, dogs, guinea pig & eczema & asthma) Carson-3 1/2 (milk, soy, egg, beef and pork, cats, dog, guinea pig and EE) Savannah-1 (milk and egg)

On Apr 12, 2007

Contact your state dept of Vocational and Education Rehab ( they they are listed in the phone as VESID I for get what all the letters stand for) they will point you int he direction of who you need to talk to to accomplish this. Your kid deserves to be safe.

On Apr 12, 2007

I can't believe they won't comply?!?! Maybe it is time to find a new school.

On Apr 12, 2007

Okay, I lost my will to fight the minute I entered the room. I am not sure if I was worrying about my son home with Grandma, having a hard time breathing(his asthma) butI intended to stand my ground and I just nodded and got the heck out of there. See, I don't handle confrontation well at all(no matter how much I pump myself up). Funny, when I got home the lady from the advocacy place had a message saying she could help....grrrrrrrrr(a little too late).

Anyways, what is in place for this year, is okay, it's what's been happening anyways and it's been fine. My focus is on next year, whole new set of rules for 1st graders. So I will still be working on this, I am not giving up. I do need to go above the school though. Honestly, their hands are tied because they are following policy with a capital *P*. This is just for the classroom, I am going to approach the school board, I have to get the policy changed at their level in order for the Principal to be allowed to change the classroom.

Here are the accomodations for the classroom they decided would work. 1-letter sent home alerting parents of specific food allergy and precautionary measures 2-students will be instructed on food sharing/not allowed 3-*son* will sit at a peanut-free table for snacks 4- students will wipe off desks and hands after snack They also labeled the classroom *nut-controlled*(no signs will be hung though). So anyways, that is their big plan. Honestly, I don't like it. I keep thinking of what someone posted on under the letter to the editor...if a bee flew into the classroom where a bee allergic child was, would the bee be allowed to stay??? Off to email the school board and set up a meeting!!!

PS..some good news, it is written in his 504 that the kids eating cold lunch and pb Uncrustables will sit at the cold lunch table. That will not be changed(at least for whatever grade he is in)....that was my other worry. There are a few other things, like field trips...but I'll touch on those later. Gotta go give a breathing treatment. I took him to the er last night, they said if I would have waited he would have been in the hospital by morning, he was gettign bad very quickly and I did the rigth thing. He's never had asthma attacks like that before. He'll wheeze around cats, or once during a reaction to pistachios...but not just because of spring. This changes things greatly....ugh.

HUGS

------------------ Chanda(mother of 4) Sidney-8 (beef and chocolate, grasses, molds, weeds, guinea pig & asthma) Jake-6 (peanut, all tree nuts, eggs, trees, grasses, weeds, molds, cats, dogs, guinea pig & eczema & asthma) Carson-3 1/2 (milk, soy, egg, beef and pork, cats, dog, guinea pig and EE) Savannah-1 (milk and egg)

On Apr 12, 2007

Quote:

Originally posted by chanda4: [b] I do need to go above the school though. Honestly, their hands are tied because they are following policy with a capital *P*. This is just for the classroom, I am going to approach the school board, I have to get the policy changed at their level in order for the Principal to be allowed to change the classroom. . . .

. . . Honestly, I don't like it. . . .

. . . Off to email the school board and set up a meeting!!![/b]

I'm thinking about you writing the school board and wondering if that's the direction I'd take or not. I don't know.

What would happen if instead of approaching the school board directly, you kept appling pressure on the principal? Assert that she is denying your child access to a safe environment. Then the principal would need to address the school board to say that she cannot provide your child FAPE due to a school board policy.

I don't know. I'd really think through all the options before taking this to the school board. Not saying that you shouldn't write the school board, just thinking that through and comparing to other possible action. . .

Have you contacted Rhonda?

On Apr 12, 2007

I haven't contacted Rhonda, I will try in the next couple days. I do think the Principal thinks this will work though, I think if she *knew* these accommodations for the classroom weren't going to cut it, but said this is all I can do...then maybe her contacting the school board might work, but she thinks this is great...she thinks him sitting at the other table works! Since the policy says *no food will be banned because of a child's allergy* our principal is very by-the-book...so I need to change the book. (I think???)

Thanks for showing me the other side, I need to think all this through before I do anything...I tend to jump the gun, so thank you for making me think about this!

On Apr 12, 2007

But isn`t that illegal? I am referring to the line saying "no food will be banned because of a child`s allergy". Isn`t that the same as saying "If a child`s pa is severe enough that he cannot safely attend school without a ban, then we will deny him access to FAPE"? Obviously the second statement will never be in their procedures, but isn`t that the same thing as what they are saying? Aren`t they essentially putting in writing that they will not accomodate a child who cannot safely attend school without a ban. I am not saying that is your child. I am just saying I don`t see how they can state that in writing and not get called on it.

In dd`s elementary school, we had the pa twins whose mom went to parties without the epis, let them eat things that seemed safe with no ingredients from other people`s kitchen at pot lucks even though the twins were also egg allergic, and this mom let the kids have a peanut free table in the classroom. My dd had the food free room (different classes). Since the kids commonly move from desk to desk, there will be residue if kids eat peanut products in class. I would not be at all comfortable with it. We had the food free room and it was only violated once in six years. But that one time there were crumbs from another child`s pbj sandwich in dd`s schoolwork. Is that really giving her access to FAPE? I don`t think so.

[This message has been edited by Carefulmom (edited April 12, 2007).]

On Apr 12, 2007

Chanda: First of all, I am sorry you DS's asthma is bad right now. My DS's asthma has been just horrible the past week as well, and he usually only has asthma symptoms with a reaction, so either his asthma is changing OR he is having small reactions to something.

Anyway, did you ask the principal for a copy of the "policy" that she keeps referring to? I would want to get the actual policy in my hands.

I KNOW you have your hands full right now with these various struggles in your life. Please don't give up on this and settle for less than your son has a right to. IMO, you son NEEDS to have a peanut-free room. Period. End of story.

I agree with Gail. Think over your options a little more before going to the school board. I think it may be better to put the pressure on the principal to go to the school board to change a policy that does not allow her to do her job...providing a safe environment for ALL students.

It is just hard for be to believe that the school is saying that is is it... I have spent enough time in a classroom to know that if the students are responsible for wiping their table, it will not be good enough to remove the peanut protein. The tables need to be washed with soap and water. Are they willing to include the name of the person responsible for wiping the tables off? I doubt they will.

Again, sorry about your DS's asthma. Hang in there!

On Apr 12, 2007

Quote:

Originally posted by notnutty: [b]

Anyway, did you ask the principal for a copy of the "policy" that she keeps referring to? I would want to get the actual policy in my hands.

[/b]

Exactly what I was thinking. Or is this really the principal's personal [i] interpretation [/i] of school board policy?

~Eliz, HUGS

On Apr 12, 2007

Hoping this link will work. This links to complete online copy of the School Board Policy for Adams County School District 14, Colorado.

Link to this may have been elsewhere in Chanda's saga, but wanted to put this here in case anyone wants to view it themselves & maybe be a set of eyes for Chanda.

[url="http://www.ctspublish.com/adams14lp/lpext.dll?f=templates&fn=main-h.htm&2.0"]http://www.ctspublish.com/adams14lp/lpext.dll?f=templates&fn=main-h.htm&2.0[/url]

Chanda, you must be exhausted. Get some rest & hope your little one is better today.

~Elizabeth --If link does not work as posted, I will be back later to try to fix. Or maybe someone can fix & post correction. Have to run.

On Apr 12, 2007

I scrolled through the districts policies (A-L) and did not see such a policy. Can anyone else find it?

ETA: I agree with the previous advice to ask the principal for a copy of the policy to which she is referring.

[This message has been edited by Gail W (edited April 12, 2007).]

On Apr 12, 2007

we're adams 12....I have a copy of the policy, they gave it to me and nutrition services also gave it to me...let me come back and post it BRB

[url="http://www.adams12.org/"]http://www.adams12.org/[/url] here is the main web site, I'll search for the actualy link, I have the policy on paper(no scanner)

[This message has been edited by chanda4 (edited April 12, 2007).]

On Apr 12, 2007

I don't really want to throw a wrench in things, but Chanda, is the son that you took to the hospital with his asthma the one you are doing the 504 for at school? Because, ummmmm, that also can play majorly into the role of all of this.

Anyone who can run with that idea, please do. I haven't finished my morning coffee -- but even California has a governor signed policy about asthma management. Plus, asthma and allergies make for even worse scenarios with anaphylaxis. Additionally, I actually think you can totally get covered under IDEA/IEP with asthma. Wouldn't that umbrella the FA's?

On Apr 12, 2007

I couldn't find the policy, I just copy and pasted what they sent me in an email...

Superintendent Policy Code: 3542.4 Meeting Student

On Apr 12, 2007

Quote:

Originally posted by gvmom: [b]I don't really want to throw a wrench in things, but Chanda, is the son that you took to the hospital with his asthma the one you are doing the 504 for at school? Because, ummmmm, that also can play majorly into the role of all of this.

Anyone who can run with that idea, please do. I haven't finished my morning coffee -- but even California has a governor signed policy about asthma management. Plus, asthma and allergies make for even worse scenarios with anaphylaxis. Additionally, I actually think you can totally get covered under IDEA/IEP with asthma. Wouldn't that umbrella the FA's?[/b]

YES!!!!! I was thinking the same thing!

On Apr 12, 2007

Do you know who is in charge of getting the 504's approved in your district? My son's principal is the person in charge for us, thank goodness. It just made writing it up that much easier. Can you find out who is in charge and get a meeting set up with that person?

On Apr 12, 2007

gvmom, as usual, you and I are thinking in synch. We must be the twins of the 'Killjoy' clan after all. LOL! [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img]

I think that once you add in additional risk factors (that cannot be 'changed') for fatality, you have to really emphasize to the school that management MUST change its focus from 'response' to 'prevention.' Big time.

Reason is that any reaction triggered by the allergen can be fatal-- but those persons with these additional risk factors are the ones who are most likely to be 'unsavable,' even by the best of interventions after the fact... Preventative strategies must by necessity assume much larger proportions under such a scenario. It is absolutely unacceptible under those circumstances to say "We'll keep that Epipen handy and all will be well..."

I hope this isn't scaring you too much, Chanda. I'm just trying to offer a line of logic for why letting it go may not be advisable. I'd also encourage you to request (politely 'demand' perhaps....) a copy of this 'policy' that is referred to.

I hope your little guy is feeling better after some rest and pharmacology (and you too!!).

On Apr 12, 2007

I think their policy is [i]probably[/i] not legal. It certainly runs counter to the spirit of ADA. It's like saying "we won't retrofit our building for wheelchair access, but an aide may be required to assist in mobility issues..." or 'Arthritis will not qualify a patron for a handicapped parking placard.' KWIM? I don't think that [i]schools[/i] are [i]allowed[/i] to place limits on accommodations [i]a priori[/i] like that.

Not in light of the OCR ruling from the other thread, or OCR's 'Letter to Zirkel,' which addresses the FACT that 'reasonable' isn't the standard which applies in an educational setting. FAPE is. And not in light of the statement that discriminatory practices may be what they 'choose' to do for accommodations.

Have you called OCR?

I'd call Rhonda first, then your advocate, then ask OCR for "technical assistance." Run this policy by all of them.

I'd also check out the attorney in the blog linked (by EB?) Let me check.

(scratching head) Maybe your school district has a legal team that wasn't employable anywhere else or something.... I dunno.

[This message has been edited by Corvallis Mom (edited April 12, 2007).]

On Apr 12, 2007

Quote:

Originally posted by Corvallis Mom: [b]I think their policy is [i]probably[/i] not legal. It certainly runs counter to the spirit of ADA. It's like saying "we won't retrofit our building for wheelchair access, but an aide may be required to assist in mobility issues..." KWIM? I don't think they are [i]allowed[/i] to place limits on accommodations [i]a priori[/i] like that.

Not in light of the OCR ruling from the other thread, or OCR's 'Letter to Zirkel,' which addresses the FACT that 'reasonable' isn't the standard which applies in an educational setting. FAPE is. And not in light of the statement that discriminatory practices may be what they 'choose' to do for accommodations.

Have you called OCR?

I'd call Rhonda first, then your advocate, then ask OCR for "technical assistance." Run this policy by all of them. [/b]

good advice, will do that, thanks!!

I think what careful mom pointing out that this policy *is* illegal holds some truth...I am going to bring it up in our call and see how they respond. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

On Apr 12, 2007

Here's the link from the other thread.

You might see if the author is receptive. Even if he can't act as counsel in CO, he might be willing to act as an ADA 'consultant' for you.

[url="http://www.legaline.com/2007/03/food-allergies-and-law.html"]http://www.legaline.com/2007/03/food-allergies-and-law.html[/url]

On Apr 12, 2007

Still can't find it in the school board policies. Serached several combinations and can't find it in the actual policies. <> Anyone?

My SD didn't not have such a "non-ban policy" but we never *ASKED* that they NOT serve PB. Instead, we focused on what cleaning/preparation was necessary to prevent cross-contamination. Sepearate work area, separate utensils, etc. After they processed what would be involved to keep PB on the menu THEY informed US that PB would be taken off the menu options.

On Apr 12, 2007

You know, a nut-free classroom for our children's disability, is akin to a ramp for the wheelchair bound child. That is what makes the classroom accessible for our child.

It is hard for those not dealing with FA's to see the disability in our children. To comprehend it. It may not be worth the time to try and draw the line for them, but just for the ability to maintain clarity, I always draw the parallels for myself using a more visual, socially accessible, type of disability, to help myself know where I am and where I need to go.

Adding asthma into the equation really ramps up your case in my mind too. There are more things that need to be done, even with medication, to make school accessible for your son.

I do think that a call to the OCR would be good, even if it only boosted your resolve.

I haven't been looking for anything really relative to asthma, though I've come across a bunch I know, but didn't really hold on to it because we aren't dealing with it. Give a look around. There might be a few documents out there to help you.

And, yes, you probably would do well to call Rhonda as others have suggested.

*waving hello to my Killjoy sister* Hi CM!

On Apr 12, 2007

The policy as written just seems inherently [i]hostile.[/i]

I mean, the fact that a child [i]is[/i] allergic is reason enough to keep it on the menu.... wow. [img]http://uumor.pair.com/nutalle2/peanutallergy/confused.gif[/img]

So if they served tuna twice a month, they can't even [i]consider[/i] substituting other things on a particular school menu out of consideration for a child with a LT fish allergy? That's just crazy.

One wonders if they could show you a list of other 'accommodations' that they 'won't make' for disabled children. Will they also refuse to provide lessons in an alternate/multple formats for children with vision or hearing impairments?? After all, that would be a curriculum change made in consideration of one child's disability. Do they have somewhere in writing that they won't eliminate classroom pets for any asthmatic children, too?

On Apr 12, 2007

And another thing...

Completely aside from the legality of the aforementioned 'policy' (which I have some serious doubts about....)

How, exactly, is the 'classroom' included in that 'policy' anyway?

I see nothing that relates to classroom instructional time. Only lunch. So how are they extending this policy from the cafeteria (which I understand it to apply to) into the learning environment of the classroom?

On Apr 12, 2007

There are lots of really good ideas here. Chanda, I know your head must be spinning with all this information plus being worried about your ds`s asthma. I think in your shoes, I would do nothing until I called Rhonda. My impression from reading other posts in the past is that she will pretty much spoon feed you and tell you what to do and what not to do.

On Apr 12, 2007

Bear in mind that school policy was created by the school board members or some committee. I surmise that legal references can be twisted just like statistics. Their perception may be what they are doing is perfectly legal, and anything to the contrary may be illegal. The legal references being used may have come from a school lawyer that is simple not as well versed in the law as he/she should be. Probably not very knowledgeable of the fine nuances of the law in regard to Section 504.

Something to think about.

On Apr 12, 2007

I would also get a clarification on this policy -- it states it will not take them off the menu (which would mean lunch) and not ban them from lunches brought from home (which is again lunch) Nothing is said about the classroom and/or snacks -- this is the point I would drive home with the principal.

On Apr 12, 2007

Adding my two cents about writing a letter to the school board.

School boards are made up of people from the general population of varying ages, backgrounds, occupations, etc. Many of them are simply not aware of educational law, nor would they be aware of allergies and Section 504.

Having a school board member make a decision on something pertaining to a 504 is kind of like asking a carpenter to diagnose a heart problem. And if the school board lawyer is not well versed in the law, the Board members aren't going to get all the facts and may make, well for lack of better words, a really dumb decision.

On Apr 12, 2007

I will call Rhonda, I will...on my list. I also just got a call from a gal I left a message with the other day(in my frantic search to find an advocate...) anyways's she says I need to ask for an impartial hearing because I am not comfortable with the schools classroom accommodation. She said it sounds unrealistic to her to allow peanuts into his classroom. She said once I request the impartial hearing, if the school doesn't comply, to call her back, she handles that side of the issue!

My head is spinning right now, I have calls into the allergist, to the caseworker, the district nutritional services....and I will call Rhonda...wish I had an office now!!! Thanks again for the words of wisdom, I think I know what I need to do and I will work on that and see where I get. Thanks so much again!!! HUGS

------------------ Chanda(mother of 4) Sidney-8 (beef and chocolate, grasses, molds, weeds, guinea pig & asthma) Jake-6 (peanut, all tree nuts, eggs, trees, grasses, weeds, molds, cats, dogs, guinea pig & eczema & asthma) Carson-3 1/2 (milk, soy, egg, beef and pork, cats, dog, guinea pig and EE) Savannah-1 (milk and egg)

On Apr 12, 2007

The purpose of these policies was to make LUNCH available to all children. The laws have nothing to do with mid-day snacks in the classroom. They are standing behind a law that has nothing to do the policy they enacted (at least the portion that refers to restricting food).

I believe their policy, as written, is illegal.

Here are the congressional purposes for each law...the courts often use the "intent" of the congress when deciding how a law should be applied.

Congresstional purpose of 42 section 1751

It is declared to be the policy of Congress, as a measure of national security, [b]to safeguard the health and well-being of the Nation's children [/b] and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.

Congressional purpose of 42 section 1771

In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture [b]as a measure to safeguard the health and well-being of the Nation's children,[/b] and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-in-aid and other means, to meet more effectively the nutritional needs of our children.

On Apr 12, 2007

RATS! The link I had posted above is to Adams 14, not Adams 12 -- somehow when I was hurrying earlier, they were connected/linked in my searching of Colo State educ sites earlier today. Sorry! (They may be a near- carbon copy of each other, we'll see. . . )

HERE is link to basic School Board Policy for Chanda's Adams 12 District -- I've not read it yet, but I will go there now to read thru.

[url="http://www.adams12.org/district/board.asp"]http://www.adams12.org/district/board.asp[/url]

~Elizabeth

Edited to add -- That does not appear to be complete school policies & am going back thru their site links to see if I can find link to student-related policies. This may be why I ended up at Adams 14 originally?

OK!! This is link to Adams 12 District Superintendent's policies -- once it comes up, there are 4 pages of these links to the doc -- the scrolling arrow on upper right moves you through. NOW I can go read up.

[url="http://www.starmail.adams12.org/policy/FOV6-00024B87/?1-20&Show=0&Filter=0&ListView=0"]http://www.starmail.adams12.org/policy/FOV6-00024B87/?1-20&Show=0&Filter=0&ListView=0[/url]

Still don't think that's really what we want. Will keep searching.

[This message has been edited by ajas_folks (edited April 12, 2007).]

On Apr 12, 2007

I have been getting our IEP stuff together and just caught up on this thread. Forgive me if this has been addressed: Chandra posted the following as the

On Apr 12, 2007

I will look into the IEP(asthma is one of the 13 listed, right?)...thanks!!!

On Apr 12, 2007

If you go to this site, do a search for IEHP. They have several documents concerning asthma and IEPs. [url="http://www.schoolasthmaallergy.com"]http://www.schoolasthmaallergy.com[/url]

Hope this helps.

On Apr 12, 2007

okay, I spoke with the gal from nutrition services, and their department was involved with the policy decision posted above. She did say it was in place when she came here 3yrs ago, but that she once questioned them on the whole... 2.0 The district will not delete from its menus, nor ban from home lunches, any foods related to any student

On Apr 12, 2007

I agree with the others that just because the attorney says that line can be in there, it doesn`t mean he is correct. I remember back in 1998 when I was looking for a preschool for dd and this school I had picked handed me a letter from an attorney with a release that I must sign stating that if dd had a reaction the school would not be required to give epi, they would only be required to call 911. I called FAAN, they gave me the number of the Justice Department. It was almost identical to the La Petite case. I got an attorney, he called the school`s attorney, referred him t the La Petite case, suddenly they changed their tune. (I did not send dd there after all that; I did not exactly have a good feeling about them.) So the point is the letter came from an attorney, but he didn`t know diddly squat about disability law. So Chanda, maybe it is the same in your case. I don`t see how the school can say they will never delete an item from its menu due to allergies. It is done all the time. Same with the ban. It benefits the school to have a ban (again, not saying you are asking for one). My cousin is the Director of a private elementary school, they got a pa child, and she immediately banned peanuts in the entire school. Why? Because it was less for her to worry about. Did not have to worry about cleaning residue, did not have to worry about who would sit where, did not have to worry anywhere near as much about having to handle a medical emergency. It benefits the school to ban the item. Like Gail W. mentioned, in her school when the caf decided to not serve pb any more so that they would not have to worry about the extremely thorough cleaning that must be done if they serve it. Anyhow, I just wonder how much the attorney knows who said that sentence in their policy is okay. I wonder how much he knows about disability law. Maybe he is a liability attorney and not disability rights. Don`t schools usually use liability attorneys for general issues?

On Apr 12, 2007

I agree, just because he's lawyer doesn't mean squat...I wouldn't let a GI doc treat my sons allergies, even though they both have PHD's! Anyways, so should I pass the policy by Rhonda then, or call FAAN?? INteresting when this gal emailed me back she gave me a link to another web site.... [url="http://www.ific.org/publications/qa/allergyqa.cfm"]http://www.ific.org/publications/qa/allergyqa.cfm[/url] and there it states a quote from FAAN.... Q. Should allergenic foods be banned from schools?

A. Banning allergenic foods from schools is not practical or effective. Allergenic food bans are counterproductive because they diminish the need to teach children with allergies to take care of themselves. If a school instituted a ban on food allergens, it would be very difficult to enforce. Bans do not render an allergic child

On Apr 12, 2007

You should email this person back and clarify that you are not asking for a lunchroom ban, you are just asking for a peanut-free or food-free classroom.

I hate it when people "quote" articles that have nothing to do with the issue at hand. Does she actually think you don't know FAANs position on bans?? GRRRRRR.

[This message has been edited by notnutty (edited April 12, 2007).]

On Apr 12, 2007

I would call Rhonda and not FAAN. When I called FAAN in 1998, there was no one else to call. FAAN has done alot of good, especially back then. Their videos and books are great. I don`t like their one size, fits all approach for allergies, though. I would call Rhonda. She will truly have your child`s best interests in mind. I am not so sure that FAAN will.

On Apr 12, 2007

Quote:

Originally posted by chanda4: [b]I will call Rhonda, I will...on my list. I also just got a call from a gal I left a message with the other day(in my frantic search to find an advocate...) anyways's she says I need to ask for an impartial hearing because I am not comfortable with the schools classroom accommodation. She said it sounds unrealistic to her to allow peanuts into his classroom. She said once I request the impartial hearing, if the school doesn't comply, to call her back, she handles that side of the issue!

My head is spinning right now, I have calls into the allergist, to the caseworker, the district nutritional services....and I will call Rhonda...wish I had an office now!!! Thanks again for the words of wisdom, I think I know what I need to do and I will work on that and see where I get. Thanks so much again!!! HUGS

[/b]

Chanda,

I agree that your next step is to get to Rhonda. This advocate who you spoke to is suggesting a step (impartial hearing) which is premature and will short-circuit your efforts right now.

Rhonda will guide you correctly. I suggest that you not engage further with anyone at the school (including Food services about policy) until you have the benefit of Rhonda's advice in carefully managing these interactions. I would agree with others' assessment that it is a mistake to directly approach the board at this time; you need to defer that decision until some other steps have been taken.

How you engage, who you engage with, and what is discussed is very critical right now. Having a seasoned ally in your corner can make a huge difference. Hang in there...

[This message has been edited by Nutternomore (edited April 12, 2007).]

On Apr 12, 2007

Quote:

INteresting when this gal emailed me back she gave me a link to another web site.... [url="http://www.ific.org/publications/qa/allergyqa.cfm"]http://www.ific.org/publications/qa/allergyqa.cfm[/url] and there it states a quote from FAAN....

You know, I think this is where karma bites me in the butt so to say?? [/B]

Chandra, as mentioned before, that is almost 100% what happened to me. Not wanting to go down the FAAN path again--this does not apply to you! You are only banning food in the classroom and FAAN DOES ask for the child's classroom to be peanut free. It is on their allergy action plan.

If it does become a 'to ban or not to ban' discussion with the school, I would be happy to give you the info I am using.

On Apr 12, 2007

so just to get advice I have to pay to speak with her(Rhonda)?? I'll have to hold off then until payday. wish I could email her or something for free!

On Apr 12, 2007

Quote:

Originally posted by Peanut Militia: [b] Chandra, as mentioned before, that is almost 100% what happened to me. Not wanting to go down the FAAN path again--this does not apply to you! You are only banning food in the classroom and FAAN DOES ask for the child's classroom to be peanut free. It is on their allergy action plan.

If it does become a 'to ban or not to ban' discussion with the school, I would be happy to give you the info I am using.[/b]

Oh thanks, I'll try to find the classroom info and share with her, I hate when they quote stuff that I wasn't talking about, I don't want a lunchroom ban...it's different from a classroom one....thanks, I might hit you up for the info!!!

On Apr 13, 2007

See, this is where FAAN's language is causing difficulty!! (see why some of us resent that organization and Anne M-F's big mouth?). Your School Administrators think they can have a "NO-BAN" policy becuse they are standing behind the Food Service laws and FAAN's statements, but using both INAPPROPRIATELY.

There is NO REASON why they can't ban a food (or all food) in the CLASSROOM. I agree, a CLASSROOM BAN is different from a CAFETERIA BAN. In fact, do not call it a "BAN" for the classroom -- call it a ZONE approach. You are asking for a ZONE approach at your school, which IS appropriate, IS done in many, many schools, and I believe is endorsed by FAAN (can you find language on that?).

I'd get Rhonda and/or a lawyer involved that can educated them on disability law and the inappropriateness of their decisions. They are also subjecting your child to UNDUE RISK and I'd put in writing to them that every day your child attends school in that classroom he is subjected to undue risk and negligence of the school administration.

(In our school, the brownie troop did a peanut craft in the K classroom on a Friday, and on Monday a child went into anaphalytic shock in that room...it does happen...the K classroom has been peanut free every since. A ZONE APPROACH is appropriate and kids have to be safe in their classroom to gain a FAPE.

[This message has been edited by TwokidsNJ (edited April 13, 2007).]

On Apr 13, 2007

Does anyone have information on the ACLU or other organizations that offer free legal advice for discrimination/harassment issues? I did a search earlier this year and could not find anyone who had helped with 'peanut issues'. Any ideas????

Chandra, have you called your state representatives?? We found ours very helpful with the school district.

Just trying to get Chandra more help and free is good for any of us!

On Apr 13, 2007

Quote:

Originally posted by Peanut Militia: [b]Does anyone have information on the ACLU or other organizations that offer free legal advice for discrimination/harassment issues? I did a search earlier this year and could not find anyone who had helped with 'peanut issues'. Any ideas????

Chandra, have you called your state representatives?? We found ours very helpful with the school district.

Just trying to get Chandra more help and free is good for any of us![/b]

Thank you, I love free!!! I do have 2 names, I believe someone here found them for me and posted them, Bob Hagedorn and Anne McGihon, I will email them both(state reps)....

I got a reply back from the nutrition services gal, she is passing on the info to their district counsel(I suggested going food free for the classroom, I like the *zone* wording too, but I also suggested forming a food allergy task force). Maybe, just maybe I can reach the right people at the district level...I am hoping.

I have to go get finger printed for the foster parent stuff, but then I'll come back and email the state reps and try to contact Rhonda. She used to post here, offering advice for free...wish she could pop in again! THANKS [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

On Apr 13, 2007

As long as you are emailing I would send it to all Colorado State AND FEDERAL Reps--you never know when you might strike a cord with someone. I would even consider local govenment--city Mayor????

On Apr 14, 2007

Chanda, one thing you may have missed is the "Food Rewards" issue as I know your school does that. I am planning to ask for NO food rewards in the classroom.

I did NOT like the way "manipulatives" were addressed (should be NO food manipulatives) and the field trips. You should be invited, trip must be appropriate for your DS and ALL kids.

I would NOT sign it. They have way more to address in this plan. In fact I would not sign it until the food-free classroom issue is resolved.

On Apr 14, 2007

good points. I did actually supply a bag of *treats* ro be given to my son when he earns a *good-for-you*(reward)...but it wasn't out in the 504. I searched through the schools section and copy/pasted about 11 504's...I am going to copy(black out any names) and give them to my school and tell them I need more. I want the food free room, I need to contact Rhonda on how to do that....I might have to wait until Monday to do so. But I appreciate all the advice, I am copying ti all down!!! THANKS!

------------------ Chanda(mother of 4) Sidney-8 (beef and chocolate, grasses, molds, weeds, guinea pig & asthma) Jake-6 (peanut, all tree nuts, eggs, trees, grasses, weeds, molds, cats, dogs, guinea pig & eczema & asthma) Carson-3 1/2 (milk, soy, egg, beef and pork, cats, dog, guinea pig and EE) Savannah-1 (milk and egg)

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