So the 'opinion' IMO, is coming to the conclusion that food allergic children being 'not 504 designate-able' are to wait till a fatal reaction occurs. THAT's what they are saying....HECK, why don't they just NOT salt the icy sidewalks out fromt of the school...why don't they just NOT put up the 'slippery floor' sign right after we mop the floors at school. And how about just NOT having mulch or rubber under that playground equipment. After all, NO ONE's major life activity of BREATHING isn't being compromised UNTIL they fall and split their heads open, fall unconscious and then stop breathing, right? ARGHHHHHHHH!!!!!!!!!
I could go on, but I am too mad.
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Jill
DD, 5, TNA
DS, 18 mo. EA, MA

What I should have followed my last post with is... I mean, we do so many obvious things to protect children from very DANGEROUS situations. Why cannot we afford PA children the same courtesy with a 504. It can be DEADLY!! This womans child turned blue for gosh sakes...why don't they want to HELP this child??? I cannot believe what I read. I feel terrible for this child.
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Jill
DD, 5, TNA
DS, 18 mo. EA, MA

Quote:Originally posted by lilpig99:
[b]I mean, we do so many obvious things to protect children from very DANGEROUS situations. Why cannot we afford PA children the same courtesy with a 504.
[/b]
I agree--our PA children have a right to an expectation of safety at school equal to that enjoyed by their peers.
I believe this is guaranteed by Section 504 because equal safety = equal access.
Cathy
[This message has been edited by Momcat (edited January 25, 2006).]

This is an email from Laura Duke, the mom.
Debbie:
Good afternoon! Thank you for the information. I greatly appreciate it. I have been fighting Metro on this issue since September 12, 2005 the day Brentson almost died at Taylor Stratton due to him unknowingly coming into contact with peanut butter products in music class. I contacted the school on 09/12/05 as soon as Brentson was released from the doctor's that afternoon. Principal Hayes was unable to speak to me at that time, so I spoke to the Guidance Councilor, Ms. Sullivan and I advised her of the situation. I begged her to help Brentson and I. I told Ms. Sullivan that I didn't know what the solution to this problem would be. Regardless, I desperately needed their help! Ms. Sullivan the Guidance Councilor told me that she would have to speak to Principal Hayes and get her to contact me back. It took Principal Hayes 9 business days to contact me back after my child almost died! She only returned my calls after I called Heather Orne with News Channel 2 started calling the Board of Education. I didn't get a call until after I filled a formal complaint with the Board of Education too. So, I don't actually know which one of these broke the camels back. That's what Diane Long meant when she quoted me as saying, "Metro dragged their feet at even responding to my phone calls after Brentson almost died." Everything that Metro said that they did do to protect Brentson, it was only because I pitched at fit and raised **** ! I was terrified at first after Brentson almost died, and I begged them for their help! After they failed to respond to any of my calls for almost two weeks (9 business days) that fear turned to anger! Now I'm mad as **** ! The Metro School System is saying that Brentson's anaphylaxis allergy to peanuts and peanut butter products does not limit one or more major life activities. Therefore, Brentson would not qualify under "Section 504 and or IDEA." Which I strongly disagree with! Brentson's Pediatrician clearly stated that if he returns to school in an environment that is not peanut free that it could result in his "immediate death!" However, Metro still kicked Brentson off "Homebound Teaching Services" through the Metro School System against the orders of Brentson's Pediatrician. Brentson has asthma, Reactive Airway Dysfunction Syndrome, Fibromyalgia, Anaphylaxis Food Allergies to Peanuts and Bee's, Migraines, heart arrhythmias and tachycardia. When we had this S-team/ M-team meeting I was not given a copy of our "Rights of Children with Disabilities & Parent Responsibilities." I feel as if my sons and my rights have been seriously violated across the board. We had a total of three meetings when I was not given our rights. Huge Violation!
Since Brentson was placed under "Section 504" in Kindergarten for RADS, Asthma, and Allergies. These conditions haven't gotten better actually they have extremely worsened. Therefore, he should still be sanctioned under "Section 504." Brentson's severe life threatening anaphylaxis food allergies affect everything he does in life and it does substantially limit one or more major life activities. It affects his breathing, living, eating, it is affecting his learning, and performing manual task. Brentson's Anxiety Disorder due to him being in constant fear of coming into contact with peanuts, Peanut Butter, and peanut by-products are paralyzing to him. He cannot take car of himself when he is having one of these anxiety attacks, he cannot eat, he cannot perform manual task, he cannot walk, he cannot speak, he has a horrible time breathing, he is not able to learn or work.
Brentson should be covered under IDEA too. Brentson's has Reactive Airway Dysfunction Syndrome (RADS) and asthma which affect everything he does in life too. If he gets upset or to excited it's not good, if it is to hot or to cold, anything that smells (food, perfume, cleaning supplies, car exhaust, pollution, etc.) pollen, dust, animals, about anything and everything can send you into an asthma attack when you have RADS. Brentson's Anxiety Disorder due to his fear of being exposed to peanuts, Peanut Butter, peanut by-products is paralyzing to him and affects his ability to function in a normal school environment.
The Metro School System is discriminating against Brentson. Actually, what Principal Hayes did on Family Fun Night knowing that her actions could have hurt or killed Brentson or the other 5 children with anaphylaxis allergies to peanut butter products that attend Taylor Stratton Elementary. That is called "Attempted Voluntary Manslaughter." I have called the Metro Police Department and they came out to my home and made a report on Principal Hayes attempt on Brentson's and the other children's lives. All Metro is so worried about is pinching pennies, and to save money they would place a child back in a school setting against the orders of his Pediatrician. Knowing that if anything happened to Brent, that there would be **** to pay. I just cannot believe that these people are so ignorant.
After they told me on Friday 01/13/06 that Brentson would need to be back at school on Tuesday 01/17/06 or they would start counting his absences. I took it that they were going to try their best to get me on Brentson being a truant. Therefore, I un-enrolled Brent and started Home Schooling him through a local Christian Home School. I promise you I'm not done with Metro. I have meeting with my attorney on Saturday. I hope you have a great day. I sorry I wrote you a book. I tend to do that when I start talking about the Peanut issue. Please feel free to contact me if you would like.
thanks for updating me.
Have you ever been on peanutallergy.com?
That is where I read your article.
I would like to post your email there so people can see what is going on. I can leave your personal info off. Let me know, they are really great and a helpful resource.
There are ALOT of very knowledgeable people on that site who would be eager to share their experiences and knowledge to help you. We do tend to band together when this happens.
My son has a 504 and so do MANY others. Our school does not serve peanut products of any kind at any function at any time. They were very resistant at first but now they are completely on board.
Is your attorney really any good and does he/she understand the allergy.
I would file a complaint with ocr TODAY if I were you. Here is the address to do so.
[url="http://www.ed.gov/about/offices/list/ocr/complaintintro.html"]http://www.ed.gov/about/offices/list/ocr/complaintintro.html[/url]
Will the pediatrician write a note excusing him from school. That would be useful in a case too.
I am sorry you have to home school but am glad to hear you are not giving up.
Do not give up. This has been done all over the country and will be done there too.
Let me know about posting that email for you.
thanks
debbie
Yes, please go ahead and post it. I'm all for doing anything that might help another child or another parent going through this terrifying ordeal. I was told that I need to file a complaint with the OCR. However, I don't know if my attorney wants to be involved in filing that with them. I would assume that he would, but I'll give him a call just to be sure. I have gotten a lot of information from the FAAN. It has been a tremendous help. You said that you had a child with a peanut allergy. How old is your child? And how is he or she doing as far as dealing with their allergy? Brentson is still at the stage where he gets upset and mad that he cannot go eat out like other people, etc.
Ok that is our email correspondence so far. We really need to stop this so it doenst happen in other areas.
[This message has been edited by qdebbie1 (edited January 25, 2006).]

But Constance Hayes, principal at Stratton, said she's done everything required.
"I have no doubt, no anything, that we've not gone far beyond what we had to do," Hayes said.
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What the heck is that supposed to mean?
Cathy

Since the Tenn. Atty. Gen. is going around making opinions about this, maybe FAAN needs to get involved.
Cathy

Here is Laura's email address if anyone has any ideas or suggestions or just support.
[email]7051996@bellsouth.net[/email]

I think maybe the plan of attack should be to emphasize the RADS as the major disability here. The fact that peanuts, pollen, etc. trigger RADS and asthma make it impossible for this child to function in the school environment. Therefore, he needs home instruction. He is protected under 504, having already been found eligible for 504 for RADS, asthma and allergies. Under FAPE, the district must provide home instruction. Period. Forget about the Attorney General's opinion. It's simply not relevant to RADS. Mrs. Duke needs to make an OCR complaint on the basis of the 504 her son already has.
Cathy

I live relatively close to Nashville and this story was on the news (channel 5) last night...the story itself was fairly well done but the newscasters soundbites on the commercials were IMO very irritating...thing like "a child has a life threatening PA, but guess who's paying." I guess the point was get attention, (which it did, I watched) but I thought it was tacky.