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Posted on: Mon, 01/26/2004 - 11:38am
anonymous's picture
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It was an interesting article...
[img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Posted on: Sat, 03/20/2004 - 10:24am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by erik:
[b]wow... this thread never ends[/b]
[i]Ya don't say?[/i]

Posted on: Wed, 12/08/2004 - 11:28pm
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by MommaBear:
[i]We *personally* feel to accomplish this any Policy, Procedure, Protocol, and Standard of Care must be measurable, definable, and [b]enforceable.[/b]
[/i]
[img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] "enforceability" [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img] folks:
link to article entitled:
"[b]
41 white kids may have to transfer[/b]
~[i]December 8, 2004[/i]
by Shamus Toomey, Staff Reporter
General disclaimer: I am not offering advice in any manner or form. I do not guarantee the accuracy, content, or currentness of the link in this post.
[url="http://www.suntimes.com/output/news/cst-nws-deseg08.html"]http://www.suntimes.com/output/news/cst-nws-deseg08.html[/url]

Posted on: Thu, 12/30/2004 - 11:45pm
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by Gail W:
[i]I'm saying that proclaiming "gun free" or "drug free" doesn't take on [b]additional [/b]liability. Schools are still responsible for enforcing laws when they are aware of violations.
Proclaiming "peanut free" [b]does [/b]take on [b] additional [/b] liability for a school.
Edited to say: I suppose I should add that I'm no lawyer. This is my understanding from our school (who probably paid a sh**load for legal counsel) and from previous legal consultation. Just my *personal understanding*.
MommaBear and Lana, I think my antibiotics might be kicking in. [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img]
[/i]
*if* we're talking hypothetically an [b]additional[/b] liability, then what is the original liability? And what would it indicate? Again, *if* and hypothetically.....
General Disclaimer: I am not offering advice in any manner or form. Just wondering hypothetically. Don't have a clue.

Posted on: Fri, 12/31/2004 - 12:43am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by Gail W:
[b] Isn't that what this whole discussion is about?!!
Yes, I *personally* believe they are liable if they are not following school policy. In my opinion, absolutely they are liable. That is the basis of this discussion as well as many others. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
Edited to add: Mariah reactions at school 2 years ago were not from ingestion or from anything directly given to her. They were from residue contact (e.g. hand rail, computer, who knows where). This was what precipitated our discussions w/ the district to formalize policy (e.g. liability from not having such policy, etc).
Edited again: The school reduced their liability by 1.) removing all nuts from the lunch program and all food provided [b]by the school[/b], and 2.) URGING parents to voluntarily refrain from sending it in to school and 3.) providing an absolutely food-free classroom and 4.) having emergency care instituted by a full-time RN. They provided these safeguards in lieu of a ban since they could not monitor it.
[/b]
so. "school policy". Would that include where, *if* such exists................
[b]"Duty of Care"[/b] and [b] "in parentis loci"[/b]? Even if one does not have a 504 or IEP? How would, hypothetically, "ignorance of the law" apply? Don't know myself. My mind could be wandering.
General Disclaimer: I am not offering advice in any manner or form. Just inquisitive.

Posted on: Fri, 12/31/2004 - 12:53am
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by Gail W:
[b]If staff are [b]aware [/b]that a policy (or law) is violated, then they are liable. Our school district made the decision that it was too difficult, burdensome, and impracticle for a staff person to "be aware" what foods possed risk due to nuts. Which is why we are very happy with our "food free" classroom. [/b]
specifically:
"If staff are [b]aware [/b]that a policy (or law) is violated, then they are liable."
(but really liked the whole quote)
anywhoooooooooooo, back to specifically.
If a school district has in/under their [i]charge[/i] a child/minor with specific needs, are they [i]obligated[/i] to [b]be aware[/b] of needs related to that child/minor? Regardless. Ignorance of whatever, I mean. I'm wondering about FAPE. And those questionaires/screening tools I come across each school year.
Is "liability" [i]inherent[/i] to the nature of the environment?
General Disclaimer: I'm not offering advice in any manner or form. Just seeking clarification, and asking questions, I do not know the answers to.

Posted on: Fri, 12/31/2004 - 12:54am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by Gail W:
[b]Is that school board policy? Have those rules been voted on by the school board? My hunch (only a hunch) is that these are the school "rules" not policy. Policy is legally binding, yes? Rules are not.
[/b]
missed this first go around.

Posted on: Fri, 12/31/2004 - 12:56am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by Gail W:
[b] How would you propose the school implement your request for a PF cafeteria table and PF classroom?
[/b]
from page 1.
this very question is *still* a hot topic and a dillemma. [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img]

Posted on: Fri, 12/31/2004 - 12:58am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by Gail W:
[b]
Our school maintained that it is [b] not reasonable [/b] (or practical, or possible) to expect parents or staff to determine what was safe. They used this same scenario came to the opposite conclusion: they believed it *increased* their liability if they allowed anyone other than the FA child's parent to make a determination about food safety.
Hence, their creation of a "food free" classroom.
[/b]
specifically:
"they believed it *increased* their liability"
you mean, [i]as if "liability" already existed[/i]?

Posted on: Sun, 08/28/2005 - 11:34pm
synthia's picture
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Joined: 10/05/2002 - 09:00

raising
------------------
Love this site
Synthia

Posted on: Sun, 08/28/2005 - 11:54pm
synthia's picture
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Joined: 10/05/2002 - 09:00

Quote:Originally posted by MommaBear:
[b] "Motivation". I find discovering it somewhat irresistable. In such I often find answers.
[/b]
from Gail
Since schools are not required by law to ban peanuts, what would be their motivation to do it?
To answer your ? Gail
IMO what would be their motivation to do it?
A [b]Life[/b]
------------------
Love this site
Synthia

Posted on: Mon, 10/30/2006 - 7:13am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

there's something in here about a "mission statement". I can feel it.
reraising for saknjmom.

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