Legal School Protocol

Posted on: Tue, 08/28/2018 - 4:58am
kikik11's picture
Joined: 08/28/2014 - 11:34

My name is Kimberly and I am new to this site. I scrolled to see if any of the questions posted matched mine but I did not see anything. This may be long so please bare with me. My 16 year old sophomore was diagnosed last summer with an airborne peanut allergy. She has eaten peanuts/products her whole life. She has had several episodes of red face and hives and benedryl has taken care of it immediately. We have had to use epi 4 times. First, when we realized she was allergic after eating a mini snickers at a ballpark and we used a teammates pen. Second, a student slapped a Reeses wrapper on her chest and it went down her shirt and she immediately showed signs of reaction that Benedryl was not relieving. 3rd time she self injected while home alone after getting a kiss goodbye from someone who had eaten peanut butter at lunch (5.5 hrs earlier). Yesterday was the last time to use and she used AuviQ after a reaction occurred right after running 2 miles outside. It was from either the locker room peanut smell, or sharing of team water bottles during break. Benedryl was administered but she was already having breathing issues so AuviQ was given.
My issue is the school nurse is trying to say Kinley can not carry benedryl or zyrtec in her allergy kit with her during school. She wants it stored with her and the trainers. We have 2 different Dr. notes stating she must. Her previous high school absolutely is in agreement with us saying she is responsible and must have it. Does anyone know of legislation or have had similar issues? We are going to meet with Admin and I want to be more prepared. My concerns are
a) the school is large and she may not have time to get to where the benedryl is locked up quick enough.
b) the nurse is not there after school and may or may not be in her office at all times.
c) the trainers may or may not be in their offices due to multiple sports and student trainers can not carry or administer meds.
d) she goes with friends or drives home from school and will need it with her.

I know there is a big debate over epi vs benedryl and that is not my arguement. Every student is different and our first line is benedryl. I appreciate any help on my legal question. Thank you all!!!

Posted on: Thu, 08/28/2014 - 7:08am
smithdcrk's picture
Joined: 03/13/2014 - 16:46

This is an important issue.
I left you some resources at your other posting:
For a full legal discussion of students' rights visit
Good Luck and keep us posted. It's our collective experiences that support each other - the good and the bad.

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