ADA--American Disabilities Act

Posted on: Fri, 09/07/2001 - 6:08am
AmyJ's picture
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Joined: 05/17/2000 - 09:00

Can anyone inform me whether or not a fatal (peanut) allergy is covered under the American Disabilities Act??

Posted on: Fri, 09/07/2001 - 1:00pm
rebekahc's picture
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Joined: 12/02/1999 - 09:00

It's covered in Section 504 for educational rights, but I'm not sure if it's covered for anything else.
Rebekah

Posted on: Sat, 09/08/2001 - 4:44am
AmyJ's picture
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Joined: 05/17/2000 - 09:00

Thanks for the information!! How/where can I get a copy?? I am doing a presentation in front of a college class of education majors...I want to get my facts right--plus I want to make an impact on them that they will remember how serious this allergy is.
Thanks.

Posted on: Sat, 09/08/2001 - 11:17am
katiee's picture
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Joined: 05/09/2001 - 09:00

Hi Amy,
Here's an article which deals specifically with PA and the ADA. It's called:
Peanut Butter Bans and the ADA. It was written by By Laura F. Rothstein from the Health Law and Policy Institute
[url="http://www.law.uh.edu/healthlawperspectives/Disabilities/981015Peanut.html"]http://www.law.uh.edu/healthlawperspectives/Disabilities/981015Peanut.html[/url]
It's worth a read.
Take care,
Katiee (Wade's mom)

Posted on: Sat, 09/08/2001 - 10:49pm
Rhonda RS's picture
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Joined: 02/24/2001 - 09:00

Hi Amy,
Severe allergy is covered under ADA because anaphylaxis affects one's major life activity of the "ability to breathe."
You should read the ADA regulation directly. Go to the U.S. Department of Justice web site link below,
[url="http://www.usdoj.gov/crt/ada/reg3a.html#Anchor-0002"]http://www.usdoj.gov/crt/ada/reg3a.html#Anchor-0002[/url]
Read all of Sec.36.104 Definitions to get a full understanding of how ADA works, to whom it applies and who is covered under it.
Section 504 applies to schools that receive federal funding.
Stay Safe,
Rhonda
[This message has been edited by Rhonda RS (edited September 09, 2001).]

Posted on: Sun, 09/09/2001 - 3:31am
AmyJ's picture
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Joined: 05/17/2000 - 09:00

Thanks for the information!! I will print a copy of that article and highlight all the areas which I feel includes our PA kids.
Is there any other articles you fellow PA parents of children think I should include in the presentation?
I am working on some ideas already for presenting. I am going to tell them that they are all allergic, tell them that I will pass out food--some with peanuts some without....then in the middle of my presentation, I will tell them that those that ate the peanut contaminated food (plain M & Ms, chex mix, cookies...etc) have about 15 minutes to live, unless they have their epinephrine along....which I will place prior to the presentation, upstairs and down the hall (simulating a nurse's office at a school)
After I get their attention that way, I will single out one of the college students and tell them that THEY have the allergy, then pass out food (cupcakes, cookies, etc) and ask them how they feel about not being able to eat, as everyone around them eats.
This seems mean, but is reality for our children.
Any other ideas?
Thanks, AMY

Posted on: Mon, 09/10/2001 - 12:42pm
rebekahc's picture
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Joined: 12/02/1999 - 09:00

Here are a few of my bookmarks that might have info you could use:
Teachers Guide - Allergy and Anaphylaxis
[url="http://cgi.cadvision.com/~allergy/teacherall.html"]http://cgi.cadvision.com/~allergy/teacherall.html[/url]
Peanut Allergy: Where do we stand?
[url="http://www.allerg.qc.ca/peanutallergy.htm"]http://www.allerg.qc.ca/peanutallergy.htm[/url]
Pediatrics, Anaphylaxis from Emergency Medicine / Pediatric
[url="http://www.emedicine.com/emerg/topic360.htm"]http://www.emedicine.com/emerg/topic360.htm[/url]
Peanut & Soya Allergy Handout
[url="http://cgi.cadvision.com/~allergy/peanutsoyahp.htm"]http://cgi.cadvision.com/~allergy/peanutsoyahp.htm[/url]
AAAAI Professional Resource Center: Position Statement 26
[url="http://www.aaaai.org/professional/physicianreference/positionstatements/ps26.stm"]http://www.aaaai.org/professional/physicianreference/positionstatements/ps26.stm[/url]
NAESP - Principal Magazine: September 1999 - A Principal's Guide to Children's Allergies
[url="http://www.naesp.org/comm/p0999a.htm"]http://www.naesp.org/comm/p0999a.htm[/url]
Anaphylaxis in Schools and Other Childcare Settings
[url="http://cgi.cadvision.com/~allergy/childcare1.html#use"]http://cgi.cadvision.com/~allergy/childcare1.html#use[/url]
Peanut Allergy - What You Need To Know
[url="http://www.oma.org/phealth/peanuts.htm"]http://www.oma.org/phealth/peanuts.htm[/url]
AAAAI Professional Resource Center: Position Statement 34
[url="http://www.aaaai.org/professional/physicianreference/positionstatements/ps34.stm"]http://www.aaaai.org/professional/physicianreference/positionstatements/ps34.stm[/url]

Posted on: Fri, 04/29/2011 - 2:51pm
PianetteW's picture
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Joined: 04/29/2011 - 21:49

Peanut allergies are no longer being found amusing to the general public, tired of having to go out of their way to accommodate the afflicted in schools and on airlines. The rate of affliction in the public at large is increasing. Reactions could be severe, if not fatal, and it demands that schools and day care centers accommodate those that have the allergic reaction. A lot of people are beginning to believe that peanut compliance is an undue burden on everybody who does not have the allergy. I found this here: Backlash growing against children with peanut allergy

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