Hi I need some advice school violated egg free classroom rule

[olive2girls]

I am new here and usually say hello when I join new places but I am in need of information and suggestions.

My dd8 has an anaphylatic egg allergy.  School has given us an egg free classroom since kindergarten.  My dd is in 3rd grade this year.  Friday the principal and teacher changed that.  15 minutes before class ended the tacher told my dd to get her things and go down to the office.  MY dd thought she was in trouble.  When she got to the office the secretary had her sit in a chair.  The principal came in and told my dd to go get on her bus when they called for the bus riders.  On the bus a few of my dd's classmates told her that after she left the teacher let a classmate hand out cupcakes and brownies and the kids ate them in the classroom while my dd sat in the office.

We already called the ADA and are writting our letter to the justice dept to file our complaint but we are thinging(we know) this is not a safe enviroment for our dd anymore.  MY dd is upset and keeps trying to let her go back tomorrow.  This weekend has just been terrible.

I am no longer sure where to go from here.

[lakeswimr]

I would have started with writing to the principal and nurse and 504 coordinator and ccing the teacher that you expect the 504 to be followed and the egg-free classroom maintained and that it is not OK for a child with disabilities to be sent out of the classroom during instructional time due to a 504 violation.  I would still do this.  I would have a meeting with some/all of them to go over the 504.  I'm very sorry that happened!

[Janelle205]

Didn't want to read and run - so sorry that your daughter was excluded, I hate it when kids get isolated like that.

I don't have any allergic kids in school, but I know all the Mommas here will have great advice for you.

[CMdeux]

Wow.  That is awful. 

Yes, document the incident as dispassionately as you can, first and foremost.

Secondly, do you have a formal 504 plan?

If not, you just got a VERY harsh lesson in why one is needed.  The school should never have been "giving" you anything-- they should have been providing an accommodation that your child NEEDS in order to have equal access to her learning environment.

Nice that they did it with largesse up until now, but I don't like largesse myself.  It vanishes too often without warning.   

[olive2girls]

I am so happy I found this forum this morning.  I spent the last two days looking for all the information I found in one thread here.  Wonderful!

I didn't know how I was going to be able to send her off to school tomorrow.

I have been reading the thread about the peanuts in Washington.  There is so much great info there I can't imagine what's gone through PMs.

We don't have a 504.  Until 2 weeks ago I didn't even know my dd was covered under the ADA because of her allergy.

[rainbow]

Wow that is just heartless!   

Stick around here...we can help you with the 504. That situation - sending your DD to office while others had a food event in her classroom - is unacceptable.  She was excluded on the basis of her disability.  Use that language and document the incident - in writing - in a letter to the principal.  Remind them that Life Threatening Food Allergy is covered by the ADAA and they cannot exclude a child from a classroom activity based on her disability.

Start there, with documenting this event.  Then, you will want to send a letter requesting a 504 Plan.  But remind them in the meantime, your daughter needs to be in a safe and inclusive classroom/school environment.  Remind them the prior agreement was consistent with her (health care plan?) and the ADAA.  And that this wasn't a problem until this event on (date). Get a leter from allergist stating DD needs to be in a classroom free of xx allergens and that this is an anaphylactic / life threatening food allergy (be sure the words life threatening are in there - important as the law has clarified this) and she MUST avoid the allergen(s) to prevent reactions.  (note history of anaphylaxis also).

[yellow]

Follow what we wrote in that other thread you read about requesting a written 504 plan. You need to get the ball rolling! Good for you for knowing to call the ADA at least! Some people don't even know that.

[lakeswimr]

Did you have a written accommodation plan or was the egg free classroom a verbal agreement? 

I would do two things--

1)  Talk to them about how you feel about what happened and make it very clear that you want and expect them to follow the agreement that the classroom will be egg-free.  Tell them it is NOT OK to be sending your child out of the classroom during the school day.  It is a complete waste of instructional time and it is excluding your child and it is potentially putting your child into danger if food residue is left behind.  I would get a note from your allergist or doctor stating that your child's classroom should be allergy-free to prevent reactions to back you up.

2)  Write to the 504 coordinator of your child's school and request a 504.  I recommend reading sample 504 plans here and elsewhere on the internet.   Then write a sample requested plan you want for your child.  (If you already have an Individual Health Care Plan in writing you can have the 504 plan say, 'see IHCP'.)  Then when you meet with the school you can use your sample requested plan as a started point for talking to them.  They may refuse some accommodations but you can negotiate back and forth until you are satisfied with the plan.

The fact that the principal knew about and allowed this to occur isn't good, though.  It shows a lack of sensitivity on the part of the principal. 

Did you call the ADA?  What did they say to you?

Having a 504 does not guarantee you will get what you want.  All it does is give you legal protection if your child's plan is broken as your child's plan was.  It would still be good for you to get one.  You can print out info here and from various food allergy websites proving that food allergies qualify for a 504.  I can send you a PM that has the argument I made with my son's school that food allergies do qualify and it worked well.  Before I read my statement to them they didn't think food allergies would qualify and the principal had told the nurse they do not.  After I read my statement there was silence and then the head of 504s said, "well, I think we can all agree that food allergies clearly qualify" and everyone said, "yes". 

[olive2girls]

The ADA told us that the school was in violation on two points.  They gave us the codes 36.202, 36.203, and 36.302 and told us to file a complaint with the Justice Department.

Right now I am concerned about sending her back into the classroom now that they have had egg products, cupcakes and brownies in the room.  My dd has been to the hospital twice because she just touched items with eggs in them.

How long is residue on  table or chair a threat to my dd?  I know it's 4 hours for me if I eat eggs without brushing my teeth and using mouthwash.  But I can't find anything about surfaces.

[CMdeux]

The answer is pretty much "until they are cleaned" unless they are outdoors and exposed to the elements.

We've learned that the hard way with egg, too. 

I'd think that wiping down 'touch' surfaces in the classroom is probably a minimum necessary for her to return safely.

[rainbow]

Can you ask that the room be cleaned thoroughly with products that are proven to remove allergen residue?
Perhaps the time that takes will make them think twice.
Although, if DD goes back tomorrow and has no contact reaction, they will think it's "fine" and not a problem to serve her allergens in the classroom.  Although, you can prove them wrong there by providing articles about the recent food-mixups in classrooms resulting in death and coma of a couple of kids from food events in the classroom.  However, the contact alllergen is tougher to convince them. Sounds like you also need a handwashing protocol - something that is now usually done w/ a formal accomodation plan (ie 504) but that teachers/administrators often refuse to do until the 504 Plan is in place.

[olive2girls]

How do I keep her out of school until they do that cleaning?  Won't she be considered truant?  My husbands wants me to homeschool now.

[twinturbo]

Interesting ADA provided you with regulation codes. Those I know how to read. Doing that now to translate federalese to clasroom strategy. 36.202 could be construed as satisfied by a safe treat box in one subparagraph (c). 36.203 looks more useful on allergen removal as it stipulates an integrated setting. 36.302 might be something you may not want to invoke because it defines "reasonable" as the term for accomodations and that pertains to the workplace not public schools.

I don't own a copy of 28 CFR so I'm using parts published on the internet but I think they gave you codes from Title III which governs public accomodations. Government entities like public school are covered by Title II (Part 35?) and Section 504 is 34 CFR Part 104 Education.

Bottom line: Using Title III codes ADA gave you probably only cover removing your daughter physically from the activity. That subpart in 36.202 (c) defines separate but equal as okay. And 36.302 could start you down the wrong path with accomodations  the "reasonable" standard which does not apply to public schools. I'm not sure why they did not seem to apply Title II.

[lakeswimr]

You get different info from different people who answer the phones at the DOJ--some very good and some not as good.  I might suggest calling again and asking about links to how Title II applies to this.

[rainbow]

How do I keep her out of school until they do that cleaning?  Won't she be considered truant?  My husbands wants me to homeschool now.

Is she in school today?  If not, then issue note today and say she won't be returning until classroom has been cleaned.
Do they eat snack in classroom also?

I would just do some work w/ her at home that you can prove you did later (ie, print out worksheets and date them). And put in your 504 request. If your husband supports her staying home, then I wouldn't worry.  Unless you have heard of truancy being called in your town?? It's not really common is it? (anyone?) especially if they know they have issues with an unsafe environment/ADA.

Just get in your documentation about the unsafe food and exclusion, and 504 request.