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Posted on: Sun, 09/03/2000 - 3:23am
rilira's picture
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Joined: 11/11/1999 - 09:00

The school is violating the law by saying they cannot feed your child. In accordance with federal disability law, USDA requires schools to make "reasonable accomadations" for children whose doctors certify that they have a disabling condition that restricts their diet.
You can find more information in the food allergy booklet Students with food allergies: What do the laws say? This is available from the food allergy network.
Also volume 2, Number 6 of the Food Allergy News has an article written by Bob Dole on this subject.
The USDA Child Nutrition Section guidance entitled "Accomodating Children with Special dietary Needs in the School Nutrition Programs: Guidance for School Food Service Staff should be useful also.
Good luck with this issue. I know many people here (including myself) don't allow their children to eat from the school cafeteria. I think you have made it very clear that is essential for your sons mental health that he be included in this aspect of the school program. As long as this school is federally funded then you will win what you want- refuse to take no for an answer!!
Best wishes,
Linda

Posted on: Sun, 09/03/2000 - 4:55am
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Joined: 08/22/2000 - 09:00

Jeanelle,
I just want to second what Linda says above. Please call FAN or visit their website to obtain the booklet "Students With Food Allergies: What Do the Laws Say?" I have it right here in front of me and pages 11 & 12 directly address the question of whether a child can be excluded from a school lunch program, and the answer is NO. It offers several suggestions for how the school could set up accommodations for the food allergic child. I'm surprised your son's school would even try getting away with that crap--it seems like they would be more knowledgeable about the law. Like you said, what good is a school for special needs kids if the school isn't meeting their special needs? Good luck--the law is on your side!

Posted on: Mon, 09/04/2000 - 12:24am
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Joined: 09/03/2000 - 09:00

Hi Linda and Sandra Y!! I'm so glad to hear the information you provided me with!!! I'm reviewing my letter I put together about thisand will include it to help my son. This letter wil be going to the Director of Special Services and the Superintendant of our district, along with my phone calls. I'm sure this new special needs school has never had a PA child and as a true educator, I'm happy to educate this group about my son's rights. I've kept my son in the dark about this fight for his rights, as I think he'll have hurt and angry feelings toward school, teachers, etc. Until this is settled, I'll be on the safe side and make him bring his lunch telling him I need to review the lunch menus. Do your kids sit at a separate lunch table that is peanut free? I tried that at his former public school and his teacher did a really horrible, humiliating thing to him. She allowed him to be the only child at that table. He sat at his lunch table with no one, just by himself. Until he told me!!! He's got a PA of 4 and you know how everyone is afraid to get involved to make things as normal as possible for our children. I love you guys for answering my call for help!! Thanks!
Keep Smiling,
Jeanelle

Posted on: Mon, 09/04/2000 - 2:23pm
rilira's picture
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Joined: 11/11/1999 - 09:00

Janelle-
My daughter sits at a tree nut/ peanut free table. I think that is terrible that your son had to sit alone! We really sold the kids the idea that Rachel's table was a "special" table. The kids fight over sitting at her table. An aide sits at the table also and the kids really like her. i think for the littler ones ( first graders) it is still comforting to have a Mom figure around.
Good luck with your meeting and it seems like you are feeling a little more "up" today. I am glad some of us could be of help to you.
Linda

Posted on: Mon, 09/11/2000 - 2:35pm
Sue's picture
Sue
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Joined: 02/13/1999 - 09:00

Now that school has started again - thought I would activate this topic for some of the newer board members to reveiw.
Sue in Sunny Arizona

Posted on: Thu, 09/21/2000 - 2:38pm
Sue's picture
Sue
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Joined: 02/13/1999 - 09:00

Lots of good IEP and 504 stuff here !
LauraP are you still here? You helped me so much.! First grade is starting out great. Last year was great at school, too. The school team continues to be very supportive.
Sue in Sunny Arizona

Posted on: Fri, 10/13/2000 - 1:57am
Stacy's picture
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Joined: 10/11/2000 - 09:00

I come from a small town with a small school. Once a month they serve chili and on the side either a peanut butter sandwich or dry roasted peanuts. My fear is that with that with 200 children in a cafeteria eating a peanut product, how safe will my child be from airborne peanut pathogens. So far she has only had one severe reaction orally, but has never been exposed to large quantities of peanuts. In this case would a peanut free zone in the cafeteria protect her? I personally would like to see these items removed from the lunch menu. Is this an unrealistic request? I'm trying to start slowly, my daughter is only 18 months right now. I have already notified the preschool and grade school she will attend, to put the bug in their ear that she is comeing, but I don't know if they will be receptive to removing these items from the menu. Does anyone elses school still serve these items on a regular basis and how do you handle it?

Posted on: Mon, 10/23/2000 - 11:33pm
Sue's picture
Sue
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Joined: 02/13/1999 - 09:00

Hi,
Think this might help Philip's mom and others if this becomes current again.
Stay safe,
Sue in sunny Arizona

Posted on: Tue, 12/19/2000 - 1:44pm
Sue's picture
Sue
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Joined: 02/13/1999 - 09:00

Wow, it's been a long time since I have posted to this thread.
I have some good news about the Civil rights discrimination complaint I filed with the State Attorney Generals office - yes, the one way back in February of 1999 - almost two years ago.
Pretty much of the story leading up to this is at the beginning of this thread.
Anyway - The pre-school has been ordered to comply with all state and federal laws including the ADA. The school has been ordered to keep and administer the epi-pen. They were, also, ordered to get training for the staff on anaphalaxis and administration of the Epi-pen.
There is of course a little more to all of this - minor details, but I followed through with this complaint and no child entering that preschool will ever have to go without their epi-pen again.
I am going to take the time to drive downtown and have this court order placed in that preschools licensing file so other parents can see it and know that their child can have their life-saving medication at that and all other preschools.
It was so long in coming! My daughter has been at a great school for kindergarten and 1st grade, but I felt it was very important to follow through with the attorney generals office even after my daughter left that school.
So, you see, we are all trying to do our part in keeping all the kids safe - a little at a time!
One battle down...
Stay safe
Sue in Sunny Arizona

Posted on: Wed, 01/24/2001 - 2:52pm
Sue's picture
Sue
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Joined: 02/13/1999 - 09:00

Hi,
I think there are a lot of answers here to the many recent questions about schools and pre-schools on this board. LauraP (by the way - LauraP is an attorney)and others have posted many excellent suggestions about the ADA, 504 and schools. I think they are worth another review by many of us, but will be very helpful to the most recent board members.
Hope this helps.
Sue in Sunny Arizona
[This message has been edited by Sue (edited March 07, 2001).]

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