Food Allergy, ASD, and School

Posted on: Wed, 05/21/2008 - 11:55am
artlvr's picture
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Joined: 05/01/2007 - 09:00

I have a situation on my hands. I hope you don

Posted on: Wed, 05/21/2008 - 2:19pm
Krusty Krab's picture
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Joined: 04/20/2007 - 09:00

Very simple answer. The school cannot force a child to sit anywhere. I would ask them this: [i]Do you force white children to sit at a 'white only' table? Or black children to sit at a black only table? How about diabetes, do you force diabetics to sit at a diabetic table? How about the vision impaired? Or wheelchair bound? Or how about people with short hair, do you make them sit somewhere specific?[/i]
Even the US Dept. of Education classifies life threatening food allergies as a hidden disability. The school cannot make a child with a disibility sit at a separate table. The school may want to, it may have been done in the past, but no, they cannot make a child sit somewhere just because he has a food allergy. No no no. If you do not want this, do not allow it. Once you lay the foundation with directed questions such as above, they are likely to catch your legal drift and back down.

Posted on: Wed, 05/21/2008 - 11:14pm
artlvr's picture
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Joined: 05/01/2007 - 09:00

I agree. I thought the very same things. But what I really need is concrete proof that prohibits them from doing this, ya know? I have searched, and searched, and searched the web for that piece of information that prevents them from segrigating ds1 from his peers. I have contacted my Congressmen and Congresswoman. I have contacted the DESE. I have contacted several other people but I get the same answer: The school must put is safety above all else. And I agree with this. But we don't have to put a bulleye on him. He's already going to be targeted for being "different" due to his ASD. I fear more harm will be done by this than good.

Posted on: Wed, 05/21/2008 - 11:23pm
cristym's picture
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Joined: 11/19/2007 - 17:26

I have been researching 504's a little bit I have copied and pasted all of the links I have found on them onto a word doc so I can review them all again later. This may not have what you are looking for exactly, but this is what I have so far.
Civil rights for students with hidden disabilities
[url="http://www.ed.gov/about/offices/list/ocr/docs/hq5269.html"]http://www.ed.gov/about/offices/list/ocr/docs/hq5269.html[/url]
AAAAI - Media Center: Position Statement: The Use of Epinephrine ...
[url="http://www.aaaai.org/media/resources/academy_statements/position_statements/ps26.asp"]http://www.aaaai.org/media/resources/academy_statements/position_statements/ps26.asp[/url]
AAAAI - Media Center: Position Statement
[url="http://www.aaaai.org/media/resources/academy_statements/position_statements/ps34.asp"]http://www.aaaai.org/media/resources/academy_statements/position_statements/ps34.asp[/url]
[url="http://foodallergyadvocate.com/Section504IDEA.htm"]http://foodallergyadvocate.com/Section504IDEA.htm[/url]
[url="http://www.doe.mass.edu/cnp/allergy.pdf"]http://www.doe.mass.edu/cnp/allergy.pdf[/url]
[url="http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html"]http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html[/url]
[url="http://www.usdoj.gov/crt/ada/publicat.htm"]http://www.usdoj.gov/crt/ada/publicat.htm[/url]
[url="http://www.ed.gov/legislation/FedRegister/finrule/1999-2/062499a.pdf"]http://www.ed.gov/legislation/FedRegister/finrule/1999-2/062499a.pdf[/url]
[url="http://www.foodallergy.org/actionplan.pdf"]http://www.foodallergy.org/actionplan.pdf[/url]
[url="http://www.beyondapeanut.com/School_NutritionMuchAdoAboutAllergies.pdf"]http://www.beyondapeanut.com/School_NutritionMuchAdoAboutAllergies.pdf[/url]
I am sorry if any of them are duplicates.

Posted on: Wed, 05/21/2008 - 11:31pm
artlvr's picture
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Joined: 05/01/2007 - 09:00

Thank you cristym! This will prove to be a great resourse for me. ;) But since ds1 is on an IEP (I don't think I mentioned it before, sorry) he is unable to qualify for a 504 (which ideally I would LOVE for him to have). When he no longer requires services for his language issu, then I will most certainly obtain a 504!

Posted on: Thu, 05/22/2008 - 12:11am
cristym's picture
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Joined: 11/19/2007 - 17:26

I could be mistaken, but I am pretty sure that having an IEP does not disqulify him from having a 504.
eta
I am pretty sure that some kids have IEPs which are provided under their 504
IDEA which your son qualifies for his ASd and 504s can work together.
Also have you checked into any wrap around services for your sons ASD? We have a neighbor who has ASD and he has a great wrap around program.

Posted on: Thu, 05/22/2008 - 1:53am
janbiv2's picture
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Joined: 02/12/2004 - 09:00

artlvr, I think having the school remove peanut butter from their menu is going to be a hard sell. I am not saying that it can't be done...in fact, if you are up to the challenge (and it sounds like you are), I say go for it. However, the likelihood of your getting that in time for your son to start school is probably slim.
The fact that your son has an ASD diagnosis entitles him to the IEP, REGARDLESS of whether the school believes he qualifies for speech services or not. Even if they were to stop his speech services, your son has a known disability that can impair his academic and social ability. You have a strong card that you can play, and that is his inability to manage his allergy as expected for his age group.
Have you considered asking for
a: a larger peanut free table where several classmates can sit with him every day?
b: an aid to help keep your son safe during lunch and possibly to help facilitate socialization. While an aid may sound like it would single out your son even more, when done correctly none of the kids should be aware that the aid is for your son only.
Also, I WISH I could get an IEP for my son. The school is held to a higher legal standard as far as following an IEP than it is for a 504. I would make sure the IHP is part of or legally attached to the IEP, not a separate document. They can not deny having your son designated OHI under the IEP AND deny your son a 504 designation. They have to do one or the other. If you have an IEP, it MUST be in the IEP.
You may have a lot of battles ahead of you, and I would fight for what is most important first before moving on to getting a school wide change. Fight for the allergy accommodation to be in the IEP, whether it be directly or as an IHP attachment to the IEP.
Here is resource that is excellent as far as IEP and 504 is concerned:
[url="http://messageboards.ivillage.com/iv-ppiep"]http://messageboards.ivillage.com/iv-ppiep[/url]

Posted on: Mon, 05/26/2008 - 9:31am
Krusty Krab's picture
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Joined: 04/20/2007 - 09:00

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