Discrimination ? Need advice

Posted on: Tue, 11/30/2004 - 2:07am
bmacminn's picture
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Joined: 11/30/2004 - 09:00

My 4 year old son has a peanut allergy. When we signed him up for nursery school we put all the info on the forms. We also told the teachers about it. Then 3 days into the school year we met with the board and gave them more info. So last month we had our son tested and he still was allergic. The DR sent the school a note. we then got a letter from the school saying they wanted my son to withdraw and his last day would be dec 16th. The reason was because of the peanut allergy.

the school he goes to is in a church but is not run by the church (at least that is what i can gather). I have several letters from my son's school telling us they were basicly kicking him out. Do I have a case? Thanks

Posted on: Tue, 11/30/2004 - 2:25am
MommaBear's picture
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[url="http://uumor.pair.com/nutalle2/peanutallergy/Forum22/HTML/002136.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum22/HTML/002136.html[/url]
reraised with today's date on page 9
General Disclaimer: I am not offering advice in any manner or form. Just describing what happened to my own family in our unique, personal, and highly individual, situation.
[This message has been edited by MommaBear (edited November 30, 2004).]

Posted on: Tue, 11/30/2004 - 2:54am
bmacminn's picture
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So you did nothing?? I read over what you said a little and it seems to fit what went on with us. We did meet with the board to appeal. when we got there and started our case, they told us they had met the noght before and are not changing there ruling. I told them it was discrimination and they had no clue. I am pretty sure I will be in contact with a lawyer. If they want to worry about liability, I will give them something to worry about. I just am trying to figure out if I have any chance, before spending money on a lawyer. thanks

Posted on: Tue, 11/30/2004 - 3:28am
synthia's picture
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Joined: 10/05/2002 - 09:00

You have a letter stateing that the school is kicking him out due to his peanut allergy?
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Synthia

Posted on: Tue, 11/30/2004 - 3:56am
bmacminn's picture
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Joined: 11/30/2004 - 09:00

I have a letter stating that he was kicked otu of school due to peanut allergy.

Posted on: Tue, 11/30/2004 - 4:42am
Chicago's picture
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Joined: 04/21/2001 - 09:00

In order to get the best advice, you NEED to determine if this is a religious school or a public school held in a church. Many religious schools have seperate boards, officers, principals etc...but they are not seperate from the church, as the church communitee is their source of funding and they do not get federal funds.
The reason is, if the school receives federal funding, the requirements are different. I am not an expert, but basically religious and independent schools that do not receive federal funds,can do as they please in these matters, although many conform to the Disablities Act on their own.
[This message has been edited by Chicago (edited November 30, 2004).]

Posted on: Tue, 11/30/2004 - 5:45am
bmacminn's picture
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Joined: 11/30/2004 - 09:00

that is what we have to find out. how the school is run. I think the church hires the director of the school and the school board hires the teachers. it is a mess for sure
thanks
brian

Posted on: Tue, 11/30/2004 - 6:02am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by bmacminn:
[b]So you did nothing??
[/b]
Yes, [i]I did nothing[/i]. (still holding my head high).
My lack of action wasn't because I felt what they did was legal (I honestly don't know), but I looked at what my objective would be in taking action.
I mean, did I want my cub to return to [i]that[/i] the school? [i]No.[/i]
I mean, did I want monetary compensation?
[i]No.[/i] Gotta ask myself at what cost to my family would the money come, if it came at all, anywhoooooo.(and as I said, I honestly didn't know where we stood). I've always seemed to have enough on my plate, didn't need second helpings. [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img] I am a pretty efficient at handling burden, but I have a good idea when my personal limits are within sight.
Right now? And personally speaking? Our departure from there was a [i]blessing[/i] to us. Now I see that. Don't know about your situation, I can only speak for myself and family. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
I mean, [i]did I want I want to drive that school out of "business"?[/i]
[i]No.[/i] [i]I think, for some, it was a blessing, each person being unique and individual, and having their own needs.[/i] I mean, [i]I attended high school at the same insitution (previous location), and I believe, at the time, it benefitted me.[/i]
I cannot rule out the possibility that [i]for some[/i], the same possibility exists still. It just wasn't meant to be [i]for my cubs[/i].
Did I enjoy fantasizing? Did I enjoy calmly and rationally composing and delivering my parting thoughts I to those necessary? (I've been told I'm really, really good at this, especially when it comes from my heart [i]and mind[/i].)
[i]Sure[/i]. [img]http://uumor.pair.com/nutalle2/peanutallergy/cool.gif[/img] When I'm that right, the world stands still for me.
Am I [i]still[/i] angry? Am I hurt? [i]Am I dissallusioned?[/i]
Of course. Absolutely. [i]Yes.[/i]
Do I think the experience was without any redeeming value? Without any positive side? Without any lesson to learn?
Absolutely Not. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]
General Disclaimer: I am not offering advice in any manner or form. Absolutely not. Just describing my own very personal, completely unique, and highly individual situation and choices.

Posted on: Tue, 11/30/2004 - 7:08am
bmacminn's picture
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Joined: 11/30/2004 - 09:00

The way the board sat there and said they loved my son and puished him out at the same time is what gets me. i will take what you said and think about it. I is just when my son talks about how much he loves school, it breaks my heart
brian

Posted on: Tue, 11/30/2004 - 11:41am
Anonymous's picture
Anonymous (not verified)

bmacminn, welcome! [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
I'm Canadian, so I can't help you much re the legalities of what's going on. I can tell you that here, in Canada, yes, you would have a case.
Someone posted above that you have to find out if the school is receiving any federal funding whatsoever. If they are, then yes, you do have a case, as you've been told.
Interestingly enough, or surprisingly enough, because I did have this discussion with an American friend last week, we have Catholic schools here in Canada (or at least in the province I live in, Ontario) and they are federally funded as well.
What we do, as taxpayers, is check off a box on our property tax payments (if you have property that you pay tax on) indicating whether you are a separate school (Catholic) or public school system supporter. And the money is supposed to go where you have checked it to go (whether it does or not, I have no idea).
So, actually, if this happened in Canada, at say a Catholic school, it is still receiving federal funds. You'd have a case regardless though here.
The thing that really hurts me about this is that for God's sake, this is a school run out of a church (whether it is related to the church directly or not). Where is compassion and caring? I honestly do not understand.
I am very sorry.
Do you have alternatives for schooling for your son since he did enjoy it so?
Please let us know what happens.
I'm not sure - an American member would have to help you with this also, but if we have a problem in Canada that requires legal advice, we can actually help one another to get it. I'm trying to remember if someone posted about legal advice in America as well.
I know, that for me, should I run into a problem, I can automatically call Anaphylaxis Canada and they do have a lawyer that volunteers or is on staff and can help. We also have quite a few large support groups that have good resources, including legal, available to them.
Perhaps you could find out if there is a support group close to where you live and if they have any legal connections/contacts for you.
I'd say I could contact my lawyer, but he only knows about Canadian law, naturally.
Again, please let us know how it works out.
Just how utterly crappy. [img]http://uumor.pair.com/nutalle2/peanutallergy/mad.gif[/img]
Best wishes! [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Posted on: Tue, 11/30/2004 - 11:52am
Chicago's picture
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Joined: 04/21/2001 - 09:00

So, from your answers to MB it sound like you are more thinking about finding an alternative church then understanding discrimination. Thats fine of course, but I am not sure what question to continue to respond to...
I think that is you are in the US you can set a school for red haired Muslams with double jointed thumbs and if you don't recieve federal funds and conform to a recognized accreditation board standards - have at it! Now schools that get the gov funds are another story.
So, who appoints the board, where the school class meets and all is not important if you really want to know about discrimination. Do they get FED (TAX DOLLAR) MONEY or not?
You all can debate about the teachings of the church vs. the policies blah blah but it all comes down to the above. SHOW ME THE $$$!
Hope for the best

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