How far should Elementary School go for Peanut Allergy?

[EnglishLady]

ORLANDO, Florida (Reuters) - Some public school parents in Edgewater, Florida, want a first-grade girl with life-threatening peanut allergies removed from the classroom and home-schooled, rather than deal with special rules to protect her health, a school official said.

"That was one of the suggestions that kept coming forward from parents, to have her home-schooled. But we're required by federal law to provide accommodations. That's just not even an option for us," said Nancy Wait, spokeswoman for the Volusia County School District.

Wait said the 6-year-old's peanut allergy is so severe it is considered a disability under the Americans with Disabilities Act.

To protect the girl, students in her class at Edgewater Elementary School are required to wash their hands before entering the classroom in the morning and after lunch, and rinse out their mouths, Wait said, and a peanut-sniffing dog checked out the school during last week's spring break.

Wait said school leaders will meet this week with parents to address concerns and try to halt inaccurate rumors that children's mouths were being wiped with disinfectant.

Chris Burr, a father of two older students at the school whose wife has protested at the campus, said a lot of small accommodations have added up to frustration for many parents.

"If I had a daughter who had a problem, I would not ask everyone else to change their lives to fit my life," said Burr



IYO How far should schools go to accomodate allergies?

 

[Ragman]

ORLANDO, Florida (Reuters) - Some public school parents in Edgewater, Florida, want a first-grade girl with life-threatening peanut allergies removed from the classroom and home-schooled, rather than deal with special rules to protect her health, a school official said.

"That was one of the suggestions that kept coming forward from parents, to have her home-schooled. But we're required by federal law to provide accommodations. That's just not even an option for us," said Nancy Wait, spokeswoman for the Volusia County School District.

Wait said the 6-year-old's peanut allergy is so severe it is considered a disability under the Americans with Disabilities Act.

To protect the girl, students in her class at Edgewater Elementary School are required to wash their hands before entering the classroom in the morning and after lunch, and rinse out their mouths, Wait said, and a peanut-sniffing dog checked out the school during last week's spring break.

Wait said school leaders will meet this week with parents to address concerns and try to halt inaccurate rumors that children's mouths were being wiped with disinfectant.

Chris Burr, a father of two older students at the school whose wife has protested at the campus, said a lot of small accommodations have added up to frustration for many parents.

"If I had a daughter who had a problem, I would not ask everyone else to change their lives to fit my life," said Burr



IYO How far should schools go to accomodate allergies?

I think the school has gone above and beyond what they need to do.

 

[greg334]

Not do a thing.

It is not and should not be the schools problem in looking out for any child when it comes to other children. If there is a problem with a food allergy, then the burden is on the child and parents but to restrict others because of it oversteps the limits of the school.

The bigger question is when are we going to get smart and seriously repeal the ADA itself. It is an actual hindrance to the country and craps all over people's rights of ownership and self-determination.

 

[golfournut]

Not do a thing.

It is not and should not be the schools problem in looking out for any child when it comes to other children. If there is a problem with a food allergy, then the burden is on the child and parents but to restrict others because of it oversteps the limits of the school.

The bigger question is when are we going to get smart and seriously repeal the ADA itself. It is an actual hindrance to the country and craps all over people's rights of ownership and self-determination.

I used to indifferent to ADA. In fact made a ton of money when it passed. But now that I have been on crutches for almost 3 months, I have a new found respect for those citizens. Like anything there is fraud. But to repeal ADA would be a big mistake. How do you figure it is a hindrance and crap over peoples rights.

As far as the school goes, no one wants it if it is not their child. But boy oh boy, let something change in their life and they are the first to jump up and down screaming you owe me and you need to do.....




Your best bet, hire a vet! Please.

 

[greg334]

But to repeal ADA would be a big mistake. How do you figure it is a hindrance and crap over peoples rights.

Because if I can't sell my house because it is not ADA complient, than that's a serious infringement on my right to do what I want to with my property. In some areas, the building codes are modified to include ada complient remodeling. The same goes for a private business owner who has to put in ADA compliant additions to accommodate people who choose to use his services or products. All of it says that we have to accommodate those who are not like us without the compensation from those who we are accommodating.

The good that the ada does do is to ensure fairness in some areas but not everywhere, like private property or private businesses.

The additional thing is accommodation in employment, in a lot of cases there is abuse, like when people get pregnant, that can fall under the ADA even though it is a choice.

The cost to our economy outweighs the benefit to society.

 

[golfournut]

Because if I can't sell my house because it is not ADA complient, than that's a serious infringement on my right to do what I want to with my property. In some areas, the building codes are modified to include ada complient remodeling. The same goes for a private business owner who has to put in ADA compliant additions to accommodate people who choose to use his services or products. All of it says that we have to accommodate those who are not like us without the compensation from those who we are accommodating.

The good that the ada does do is to ensure fairness in some areas but not everywhere, like private property or private businesses.

The additional thing is accommodation in employment, in a lot of cases there is abuse, like when people get pregnant, that can fall under the ADA even though it is a choice.

The cost to our economy outweighs the benefit to society.

I can't speak for every municipality code, but never ever I have seen any where in the country that code.
Be more specific, supply the code and municipality so I can look it up!
Ada only covers federal, state and PUBLIC access. Your home is private. I can show you that code if you like. The law also allows for non compliance, for example if you don't want to install a 6# door closer on an exterior door of a business, but you have someone that will open the door, then you are in compliance. Another example, law requires drinking fountains to be of a certain height from the floor, remedy... lower the drinking fountain OR provide disposable cups within reach. For every law in ADA there are several remedies except for wheel ramps and plumbing insulation under a sink in a public restroom IF it is exposed.
Your best bet, hire a vet! Please.

 

[pjjjjj]

I'm in Canada. My boys go to a school where there is reportedly a peanut allergy. The entire school must therefore be peanut free, because of the one person with the allergy... which by the way, I have not seen proof of, nor do I know how severe it is, nor do I know if the mom is just a nutbar herself, it happens, I've witnessed it.

So, not only do my kids NEVER eat their lunch because all they really want is a simple PBJ sandwich, and every day they waste their lunch, but they can't even bring in a donut, cookie, timbit, whatever, from Tim Horton's or any other place, like a bakery, which cannot guarantee that their product has not come into contact with the mighty peanut at some point in its production.

Don't get me wrong, my kids don't complain, they do come home pretty hungry though.
It really p i sses ME off though!

The whole rest of the hundreds of students attend for 9 or 10 YEARS without being able to bring what they choose and what they LIKE for their lunch. I'd really like to know if the school even bothered to ask for verified medical professional proof or if they just took the mom's word for it.

In all honesty, if I had a child who was THAT allergic to ANYthing, I sure wouldn't be sending him to school, because not only would I NOT want to control allllll the other hundreds of kids who would be asked to change THEIR needs/wants, but I would not want to trust MY child's life to count on everyone following the rules every single day for 9 or 10 years. If I wasn't at the school every day to personally check every kid's lunchbag, and schoolbag, how could I know whether someone might have forgotten and brought a granola bar without the NO PEANUT sign on it one day?

I just don't get it. Sure everyone has the right to an education, so how about giving these people some support, like books and tools, and a volunteer to show the parents how to homeschool? Or how about opening one no-peanut school and if parents want their kids to go there, they can move to be near it.

To me, this isn't the same as a 'disability', where say the child is in a wheelchair or whatever the case may be, and the school must provide accommodations for THAT person... the entire rest of the school population is not being asked to give up something so that ONE person can attend.

When public places have to lower a drinking fountain or widen a doorway, it is not asking ALL the other customers to give up something so that one person can get a drink or get their wheelchair in.

Crazy world we live in, IMHO.

 

[greg334]

There are all kinds of changes made to the original premise and yes it has to do with private property too.

I have been all through the ADA for business reasons and it is a law where the intentions are good but the law itself was written to be defined as time went on, it seems through litigation - what would you expect from a law that is written by lawyers?

There are lawyers who look for ways to bring to court 'offenders' of this law. It is highly abused by the legal profession and those 'advocates' who feel it is the right of the individual who is disabled that is being violated for what ever reason even though they are not or will ever use that service.

The biggest issue is that even through the law does define some of the issues of access, the private property issue has been address with law suits over wheel chair ramps in private appartment buildings and rental homes, either of which is a choice to live in nothing more. I view someone who rents out a home to anyone not as a city property or a publicly traded company but rather a private owned home where the laws should not apply.

The public aspect of it seems to be a bit too much too.

The cost to my town to widen sidewalks and put in wheel chair accessible ramps took away from other things, even if the fact that we have on person in a wheel chair on the block and they are not likely to be tooling around the neighborhood in it.

The closed down the Detroit Aquarium because it wasn't ADA compliant. Never mind that it was in Detroit, but rather the building was historical, altercations would not be financially possible and there was some accommodations made for those who requested it. Even though it was a public space, the idea that it needed to follow the law caused it to be closed hence no good to anyone.

If you want to tackle the employment issues, that is where the law may be useful. But otherwise, it should be repealed.

 

[Scottrucks]

I'm also up here in Canada, and in the Halton District Public Schools there are NO PEANUTS ALLOWED...period! Doesn't matter if there is a child with the allergy or not.

Now my daughter is in Public High School and they do whatever they want for lunch...they figure a teenager has to know how to handle the allergy so there are no rules...about peanuts etc.

 

[golfournut]

There are all kinds of changes made to the original premise and yes it has to do with private property too.

I have been all through the ADA for business reasons and it is a law where the intentions are good but the law itself was written to be defined as time went on, it seems through litigation - what would you expect from a law that is written by lawyers?

There are lawyers who look for ways to bring to court 'offenders' of this law. It is highly abused by the legal profession and those 'advocates' who feel it is the right of the individual who is disabled that is being violated for what ever reason even though they are not or will ever use that service.

The biggest issue is that even through the law does define some of the issues of access, the private property issue has been address with law suits over wheel chair ramps in private appartment buildings and rental homes, either of which is a choice to live in nothing more. I view someone who rents out a home to anyone not as a city property or a publicly traded company but rather a private owned home where the laws should not apply.

The public aspect of it seems to be a bit too much too.

The cost to my town to widen sidewalks and put in wheel chair accessible ramps took away from other things, even if the fact that we have on person in a wheel chair on the block and they are not likely to be tooling around the neighborhood in it.

The closed down the Detroit Aquarium because it wasn't ADA compliant. Never mind that it was in Detroit, but rather the building was historical, altercations would not be financially possible and there was some accommodations made for those who requested it. Even though it was a public space, the idea that it needed to follow the law caused it to be closed hence no good to anyone.

If you want to tackle the employment issues, that is where the law may be useful. But otherwise, it should be repealed.

I to have been thru every word of the law, it was a major part if my business in the 90s. Once again show me the code!
By the way 42 amendments and the 2008 amendment act. None of which says anything about single family private property that I can find.

As far as you Aquarium goes, I suggest you reread Title III. There are specifics for historical and landmarks. There is more to your aquarium deal than you know!
Your best bet, hire a vet! Please.

 

[greg334]

Dude,
you can go through ever part of the law, the amendments and the committee transcripts and you won't get what is important - the law is written with the intent to be defined though the courts.

Have you looked at the court cases?

You do know that there are four large law firms who specialize in ADA cases, one of the ways they operate is to actually look for targets to file against.

Application of the ADA to regulations and other laws has been done and is going on to enforce not just the ADA but to prevent litigation. The sidewalk thing is one piece of proof, the need to modify all the existing sidewalks and all new sidewalk construction is done to comply with the ADA while the cost of the installation and maintenance, let alone the actual use of it is not taken in account. The same goes for the movement to unify building codes so that counter height, door openings and so on follow the ADA guidelines.

Furthermore if you look at some of the issues where students who have learning disabilities and other mental defects, you will find that there are a lot of situations where parents are fighting the schools to get assists in getting their kids an education, a serious defect in the law. There are fights going on all over the place where students with problems who have been diagnosed external to the school system have been refused help, even basic tutoring, because the school have refused to acknowledge the outside professional.

The law needs to be repealed and replaced with something more defined while considering the rights of the individual and private property.

 

[golfournut]

Dude,
you can go through ever part of the law, the amendments and the committee transcripts and you won't get what is important - the law is written with the intent to be defined though the courts.

Have you looked at the court cases?

You do know that there are four large law firms who specialize in ADA cases, one of the ways they operate is to actually look for targets to file against.

Application of the ADA to regulations and other laws has been done and is going on to enforce not just the ADA but to prevent litigation. The sidewalk thing is one piece of proof, the need to modify all the existing sidewalks and all new sidewalk construction is done to comply with the ADA while the cost of the installation and maintenance, let alone the actual use of it is not taken in account. The same goes for the movement to unify building codes so that counter height, door openings and so on follow the ADA guidelines.

Furthermore if you look at some of the issues where students who have learning disabilities and other mental defects, you will find that there are a lot of situations where parents are fighting the schools to get assists in getting their kids an education, a serious defect in the law. There are fights going on all over the place where students with problems who have been diagnosed external to the school system have been refused help, even basic tutoring, because the school have refused to acknowledge the outside professional.

The law needs to be repealed and replaced with something more defined while considering the rights of the individual and private property.

Yes they can sue, but only for compliance and attorney fees.

I'm still waiting on that code, or are you once again spreading s**t you can't back up!

If YOU read the 2008 amendment it changes how a disability is defined and how it qualifies. Also read Title IV.

Your best bet, hire a vet! Please.

 

[LDB]

The problem is you take something that could possibly be common sense, add a bunch of dems/libs plus the minority of fools on the supposedly conservative side and you wind up with things like the ADA.

I agree, my child wouldn't be entrusted to the school in that intense a situation. It's too risky.

 

[cheri1122]

Many [maybe most] of the important lessons learned in school aren't in the lesson plans. What the unhappy parents are teaching is that different isn't good, if you want to be part of the group, you must be like the others, or you will be excluded.
If those parents could know the panic & terror of gasping for breath through an airway constricted by swelling, they might understand the need for inconvenience from those who have no such problems. Or not - they sound pretty self centered: "My kid won't eat anything but peanut butter."
Give me a break - who is in charge, the parent or child? Do the kids eat whatever they want, whenever they want it? I bet they don't.
Do those parents seriously consider their convenience more important than a child's safety?
I'd want to pull my child from that class, because I want my children to be compassionate towards those who are different through no fault of their own.
The school is responsible for protecting children from known risks, and that's what they have to do, even when some parents find it inconvenient.

 

[Turtle]

Somebody will spike that kid's lunch with peanut butter.

 

[cheri1122]

Somebody will spike that kid's lunch with peanut butter.[/QUOTE

Yep, and it'd be one of those parents who throw a fit when their kid didn't make the team, because what their kid wants is all that counts.

 

[pjjjjj]

Many [maybe most] of the important lessons learned in school aren't in the lesson plans. What the unhappy parents are teaching is that different isn't good, if you want to be part of the group, you must be like the others, or you will be excluded.
If those parents could know the panic & terror of gasping for breath through an airway constricted by swelling, they might understand the need for inconvenience from those who have no such problems. Or not - they sound pretty self centered: "My kid won't eat anything but peanut butter."
Give me a break - who is in charge, the parent or child? Do the kids eat whatever they want, whenever they want it? I bet they don't.
Do those parents seriously consider their convenience more important than a child's safety?
I'd want to pull my child from that class, because I want my children to be compassionate towards those who are different through no fault of their own.
The school is responsible for protecting children from known risks, and that's what they have to do, even when some parents find it inconvenient.

I guess perhaps you are referring to me as one of the parents whose kids only want PB and wondering who is in charge. I'm not going to debate on here how I choose to raise my kids other than to say that I can be in charge all night and day but I can't 'make' my kids eat something they don't want to eat, and especially when I'm not even present.

Have you ever had a child who was a picky eater? It ain't fun. I don't know whether the problem is what's in the bag, or whether it's that they are just too interested in going out to play that they can't be bothered eating anything, even if it was PB. I don't have the opportunity to find out.

In any case, I decided long ago to give up the battle of fighting about food, choosing to save any battles for bigger things.

Perhaps being a cafe owner for a time has tainted my view of people with allergies. I had the privilege of getting an education in the quirks of humans. Very interesting indeed when someone would loudly and proudly proclaim an allergy, and then end up ordering the very thing they were 'allergic' to if he/she realized we were no longer doing soya cappuccinos.

Embrace differences, yes! Control EVERYone else so that you can feel the same in your difference? No! Are the schools going to cancel all outdoor outings for the entire class if one child in the class is allergic to bee stings? Or make all the kids stay inside at lunch and recess so little Johnny can have company indoors every day and feel the love of sameness?

One of my boys is allergic to poison ivy in a BIG way, so should I demand that the school cancel the nature walk field trip to the woods to learn about different tree barks? I wouldn't dream of doing such a thing, and if I felt there was a risk for my own child, I would keep him home instead of expecting to control everyone else to be limited in what they want to do.

Really, if a peanut allergy is THAT BAD, will the parents call the mall administration to ask them to check all shoppers for possible peanut trace on their sleeve which might become in contact with a wall in the public mall? Will they call the sports centres and pools and skating rinks and cinemas and art galleries and museums and theatres? Will they call the hotel before they go on vacation to demand that all PB be removed before they get there? Where does it end?

Would it be possible to consider another alternative like having ONE peanut free classroom in every school where the peanut allergies can go to eat their lunch? And another classroom where all lunchbags are kept and all the other kids can eat what they want?

To me, this issue is way bigger than peanut allergy, but I am unfortunately not great at getting my thoughts onto paper. To me this is more like half of one percentage of all truck drivers being at risk of freaking out when they see headlights coming toward them on the highway, and the government mandating that the rest of you are no longer allowed to drive at night.

 

[cheri1122]

Pjjjj. I totally understand your scepticism re: allergies - people do lie, and often for unfathomable reasons. I just feel that in a life threatening situation, erring on the side of caution is the best course, especially when the inconvenience involved is pretty minor. Considering the needs of others should be learned, and washing hands & rinsing mouths isn't bad, either.
And yes, I have had a 'picky eater', and I know how it goes, worrying whether the child is getting enough to eat. I finally decided that she was, even if/when she skipped a meal, because the alternatives offered at home weren't available.
Maybe the schools need to come up with a different solution to the allergy problem, as allergies are becoming both more common, and at times, more severe. But should it be to effectively banish the afflicted child? I hope not.
Until they do, though, they need to protect all the kids, and parents need to help them do it.

PS All drivers already have to go through DOT inspections, random drug screens, etc, because of other people's behavior....

 

[layoutshooter]

Many people are allergic to many things. Some enough to be killed by it. It can reach a point that NO ONE could bring ANYTHING to lunch. If YOUR child is that allergic to something, it is YOUR responsibility to keep them home and school them another way. What would come next? No fish? No meat? No wheat products or milk? Better hope no bees get in when they smell the jelly.

One person should NOT have total control over an entire school. That is a bad way to go. It will not end with peanuts or allergies if we go down that road.

 

[chefdennis]

Yeap, the kid is "entitled" at the expense of everyone else....nothing new here....