***UPDATE*** ADA/other Federal laws require the administration of Epi-pens?

[MomTo3]

Hello.  This is my first post and I think the subject says it all

I am starting the school paperwork for my child and it says something like "our staff is not legally obligated to administer medications (including dpi pens) and can not be held liable."

So is that true?  Are they not legally responsible?
Thanks!

*******UPDATE*******

So I emailed the woman I was "discussing" this with today.  She informed me that they have changed the paperwork and it should be available Aug. 1.  So I HOPE this is good news but we'll have to see till I get a copy of the paperwork.  Fingers crossed that this bad paperwork has been changed!

[Carefulmom]

Ooooh, so not true.  The good news for you is that the school was stupid enough to put it in writing.  That is excellent for you.  Is the public school or private?  Preschool or elementary school?  We can guide you through what to do.

[MomTo3]

Thank you.  Can I quote the entire thing here?

"I, who are the parent of X request that consumption of an oral drug by my child or the administration of a drug through the use of an epipen be supervised in accordance with the instruction of out Dr. We understand said drug will be administered under the supervision of school staff.

"Further, we understand that the school personnel are not legally obligated to administer an oral drug to any child, or to administer a drug through the use of the Epi-Pen Jr. Kits, and, therefore, we agree to hold the school district and it's employees free from andy and all responsibility for the results of such drug or the manner in which it is administered and to indemnify each of them against loss by reason of any civil judgment arising out of these arrangements which may be rendered against them"


**Bolding was mine**

So they are saying they will BUT they aren't obligated?  Seems like the first and second paragraphs are not jiving with each other. Or am I reading this wrong?

Thanks so much!

[Lisa]

 

You have got to be kidding me!!!!!!  Is this a private school?  If so, I would NOT send my child there, they have already demonstrated their ignorance with the seriousness of Life Threatening food allergy!

[ajasfolks2]

Sounds like this is public school?

(I see word "district" in the verbiage.)

Should not be that they can deny life-saving meds to pub school student.

At minimum your child needs to go thru eligibility for 504 and have plan that has all NECESSARY AND APPROPRIATE accommodations -- one of which would be that there are a certain number (usually minimum of *3*) of trained staff on property at ALL times (to include along on field trips and extracurricular events) on Epipen and in anaphylaxis recognition.

~ ~ ~

FYI -- I'm going to move this post to the SCHOOLS board for best fit & members' attention who deal with school related issues regularly.

[MomTo3]

Sorry, forgot the other questions.

1) Public school

2) This is the district paperwork for K-12.

So I am not insane to not want to sign this, right? Cause when I called them they made me feel like I was crazy and told me I was the first person to ever question this.

[ajasfolks2]

Consider crossing out those lines of the form AND get with your child's allergist to do STRONG letter (see our suggestions in the SCHOOL RESOURCES area) . . .

Not looking at your forms, but it is possible that the allergist (if brave enough and willing) can also line through that garbage and initial . . .

[ajasfolks2]

P S -- Do NOT under any circumstances give the school "carte blanche" so far as corresponding with your child's allergist . . . line through that as well.

You want to protect your child's medical privacy as much as possible and not be ALWAYS in the "info loop" with allergist and school.

[MomTo3]

FYI -- I'm going to move this post to the SCHOOLS board for best fit & members' attention who deal with school related issues regularly.

Thanks.  I realized after I posted that I thought I was in the school portion but wasn't.

Again, you are all making me feel better that it isn't just me that this rubs the wrong way.

[Momcat]

La Petite Academy settlement

http://www.ada.gov/lapetite.htm

[Momcat]

Rationale is this:

Life-threatening food allergy is a disability under the ADA/ADAA/Section 504.  Refusing to administer rescue medication is equivalent to denying the disabled child access to school and is therefore discriminating on the basis of a disability.  That is against federal law.  If they don't believe you, have them contact the Dept. of Education Office for Civil Rights for technical assistance.

http://www2.ed.gov/about/offices/list/ocr/504faq.html

[Momcat]

" Q: Our center has a policy that we will not give medication to any child. Can I refuse to give medication to a child with a disability?

A: No. In some circumstances, it may be necessary to give medication to a child with a disability in order to make a program accessible to that child. While some state laws may differ, generally speaking, as long as reasonable care is used in following the doctors' and parents' or guardians written instructions about administering medication, centers should not be held liable for any resulting problems. Providers, parents, and guardians are urged to consult professionals in their state whenever liability questions arise.

Q: What about children who have severe, sometimes life-threatening allergies to bee stings or certain foods? Do we have to take them?

A: Generally, yes. Children cannot be excluded on the sole basis that they have been identified as having severe allergies to bee stings or certain foods. A center needs to be prepared to take appropriate steps in the event of an allergic reaction, such as administering a medicine called "epinephrine" that will be provided in advance by the child's parents or guardians.

The Department of Justice's settlement agreement with La Petite Academy addresses this issue and others (see question 26)."

http://www.ada.gov//childq%26a.htm

[Momcat]

"We understand said drug will be administered under the supervision of school staff."

This is code for "Your child will have to self-administer".  NOT OKAY 

[Carefulmom]

What state are you in?  If by any chance you are in California, pm me and I can tell you who to call.  Also, what grade is your child?  Starting kindergarten?

I find the phrase that I am the first one to bring something up very irritating.  I always have to bite my tongue not to say, "oh so I am the first one who has read this who has a brain?"  To me the phrase that I am the first one to bring it up is code for they don`t want to deal with the issue.

[CMdeux]

Yes.  (To both of the two previous posts.) 

"The first?  Wow.  Really?  I've heard this before.  I seem to just notice things.  Perhaps I'm more curious than most people?  It's not clear to me how this is relevant to the current situation, though.  How is my being first important here?"   


NO NO NO to waivers.  No way.  Unless, of course, they also admit that they won't necessarily offer any medical aid to unaffected peers, as well.  Do ALL parents sign a waiver that says that the school isn't obliged to offer reasonable medical assistance in an emergency? 

No?  I thought not.   

The bottom line is that they probably won't hold any weight legally anyway, given that the rights being waived aren't YOURS to begin with-- they are your child's. 

DOJ told me once (and OCR did on another occasion) that I probably cannot waive those rights, even if I wanted to do so as a means of compromise.

NO access to your child's physician but through you.