Peanut Allergy and K teacher who thinks its no big deal

[FrustratedinNJ]

Hi everyone! I am new..I found this site in my research for peanut allergies and schools.
My son is in Kindergarten and has a peanut allergy.
He has been in schools that were peanut free since he was 2.5 but this is our first public school experience with him.I apologize if I ramble, but I am so worked up that I am thrilled to find a place where people understand what we are going through.
To start, I called the school nurse in the summer to discuss my son's allergy. I had filled out all the appropriate paperwork, and explained to me that she would talk to the teacher all about the allergy, that it wasn't the first one they had, and that I would need to supply snacks for my son to eat for special days. She would make sure teacher would share that there was an allergy at Back to School night. OK, I felt a little better when I talked to her...Fast forward...Back to School Night comes, there was no mention of the allergy in regards to snack...color snack letter came home  for us to sign up for snack and again, no mention of an allergy. So, I was concerned but before school began, I had signed the paper that he was to have no food unless I sent it in, so I wasn't worried. UNTIL...my son came home excited about a snack his teacher had given him. chocolate covered something... I again emailed the teacher and explained that I had signed a paper that no snack was to be given unless I sent it,etc and her response was... I didn't know about the allergy, that the nurse never told her.  WHAT??? She lied to the principal that she didn't give him the snack but apologized to my husband for giving it to my son. The principal had the nerve to tell me that my son was never in danger. I explained to him how my son had a reaction not 3 weeks ago before school began...in detail.  After this,  the halftruths and lack of communication began. I have requested a meeting several times and told it was unnecessary. The nurse emailed me to tell me she was qualified to do her job...?
Anyway, after several emails and phone calls, I was able to get notification sent home and the classroom as peanut free. Today, my husband went to drop off this weeks color snack (it is ridiculous how much food this class consumes) .When he went in, he noticed there was nothing outside saying the class was peanut free. The "sign" was posted low and covered up by something inside the class. He mentioned it at the end of the day to the teacher and the teacher was absolutely nasty saying that she was only told that she had to post the sign and until the main office told her otherwise, she wasn't moving it. She also said that she was unclear on how she was supposed to handle my son's allergy and that she didn't understand what the big deal was...Oh, this is a A " veteran" teacher When my husband said that she was singling our son out, she nastily replied that we were the ones labelling him and drawing attention to it. Don't forget this women fed my kid chocolate..which could have had traces of peanuts. And still we remained calm. Finally today was the last straw...my husband spoke to the principal (interim) and he was wishy washy about it and said that they can't guarantee a peanut free environment and they don't know why we are making a big deal cause next year we won't get peanut free anything. ((Not if I have anything to say!!!!)) Our allergist is shocked...said that they should provide an allergen free environment with no homemade snacks.He said as long as there is a peanut free zone that is properly maintained, that should be ok but a peanut free school would be ideal. He said that has not been done anywhere in our area. I am not looking for peanut free...but allergy aware would be nice. I have educated my son on safety when it comes to food. The lack of knowledge is just unacceptable. We have requested the allergy policy 4 times and received nothing. We feel very discouraged...I am thinking that especially since this is just an interim principal (the other one is on maternity leave) that I need to pursue a 504 so that there are clearly outlined steps and procedures that must be followed and that I can hold them to a level of accountability that they just don't seem to have now. I would appreciate any advice...this has just been a rocky road.

[maeve]

Welcome. 

New Jersey has statewide food allergy guidelines.

http://www.state.nj.us/education/students/safety/health/services/allergies.pdf

I would recommend taking a look at the threads here related to 504 plans.  Read them first and then request a 504 determination for your son.  Get a letter from your allergist that indicates that your child has a life-threatening allergy, has a history of anaphylaxis (if that's the case), and what is needed in terms of accommodations to ensure your child's safety (peanut-free room, etc.).  After you have done those things, request in writing a 504 determination and include your doctor's letter as evidence of your child's allergy.  Has your child been prescribed an EpiPen?  Have you provided an EpiPen to the school?  These will be important points in your favor.

The school at that point must legally evaluate whether your child qualifies under Section 504.  Your child should qualify if he has a history of anaphylaxis because it affects breathing and self-care. 

Right now, I would go to your district's head of elementary education, the head of special ed (504 usually falls under this department), and head of nursing services about the principal and school nurse.  If possible, I would try to have your child moved to a different teacher because, personally, this teacher's ignorance and hostility pose a significant threat to your child.

[FrustratedinNJ]

Thanks for you reply!
My son does have an epi-pen and it is currently kept at school with him.
I have reviewed the attachment...:-) Thanks for including it.
He has never experienced anaphlyaxis, but he did have a minor reaction at home that affected his breathing about a month ago. We were able to control it with Benadryll per his allergist.
I am absolutely sick over this. I guess I should have pursued a 504 right away, but they told me all the right things...too bad none of them happened.

The teacher asked me if I wanted to write a note home to the parents when I was asking for classroom to be nut free. I replied, 'isn't there a standard letter that comes from the nurse?' They keep telling me that my son isn't the first peanut allergic child. First, I can not imagine that other parents would allow this to go on though! Second, the way in which the staff is behaving you would think they never had an allergy in the building. The ignorance is astounding, but the attitude that because we want to insure my child's safety, that we are wrong is just nuts. We tried to handle it appropriately by requesting a meeting a month ago, only to be told it was unnecessary.

[twinturbo]

Breathing is a major life activity, may I inquire what your emergency action plan states when breathing is affected? Every emergency action plan I've ever seen requires epinephrine then emergency services for further treatment and observation. Before you go in for your 504 you will need a solid emergency action plan to submit. Also, where are the epinephrine injectors kept and under what circumstances? Who has access to them?

[Mfamom]

Welcome...it is scary and disheartening when educators are indifferent about keeping our food allergic children safe. 
I would persue a 504 plan.  It sounds like there is poor communication between the nurse and the teacher and the teacher seems frustrated/unaware of how to manage your child's allergy. 
A 504 plan can help resolve the problems you're having.  It also helps maintain safety and inclusion for your child. 
There is a lot of information here in the "school resources" area about 504 plans.  Start by sending a simple letter to the principal requesting a 504 eligibility meeting.  They must respond to you. 

[twinturbo]

But there's going to be a huge legal and medical hurdle until the issue of breathing characterized as a "minor" reaction between parents and allergist is cemented before eligibility. It can't be both minor and major at the same time.

[AllergyMum]

I am in Canada so others can speak to the U4 504 process.

I just wanted to offer my support and let you know that you are not alone on this allergy journey.  I hope you can get the school on board and create a safe ansd healthy environment for your child. 

[Scout]

get the 504...you will it just may be....a little frustrating at first.....

now mine works amazing......4th grade now.......

**seems silly now but ask (if you want it, I hve it) written in to the 504 that you have a seat on the bus for field trips and can be room mom or present for all parties.........

good luck......this board will help you,    the ladies are AMAZING

[FrustratedinNJ]

Thanks for your responses. 
His epi-pen is currently in the nurses office. The teacher is a delegate should the nurse be out...believe me, THAT is not a comforting thought.
The interim principal basically told us that we will get even less next year in regards to his allergy.
The allergist said that nothing homemade should be going into the classroom. He said he is uncomfortable with the principal asking the severity of it. Dr Said it is life threatening, my son is at the highest level and the dr will not give him a challenge test for fear he will cause my son to go into anaphylactic shock.
I have decided to let it lie for now until parent teacher conferences. They refuse to meet with me...my game plan is to let her go through her spiel, and then bring up the way she has treated us since Sept. In the meantime, we have Halloween...the thought makes me sick.
I think that they are very ignorant when it comes to allergies. I don't want the school to tip toe around the issue, I just want to insure they are allergy aware. My son is very aware and I have been teaching him since he was 2 not to take unfamiliar food from people. I am a counselor in a school for special needs students, so I am a big believer in communication. The fact that they shut us out is just so unprofessional.
I hear that the principal is anti-504, she doesn't "believe" in them...she will be back from maternity leave in January... in oher schools in my district, teachers make sure they do not let homemade snacks in the class due to allergies. My kid's teacher says she can't turn away food. What the heck...it's the same district! Where is the policy? (I asked 4 times for the policy)
Thanks again for your help and opinions...I will see what happens.

[rebekahc]

If the accommodations are necessary to keep your son safe, then why are you letting it lie?  If its okay to wait a month or however long, then are the accommodations really necessary?  I'll bet your school will make that same argument.

[lakeswimr2]

I'm sorry you are dealing with this situation.

Before I talk about the school I have to tell you that I"m very worried you do not have a good emergency plan.  Breathing trouble in response to eating a food = automatic epi pen and 911 call, ambulance trip and 4+ hour ER stay on ALL emergency plans out there.  If your allergist told you otherwise or did not provide you with a good written plan I'd be on the phone first thing Monday to get a new allergist who specializes in food allergies. People can die from not getting the epi pen.  It works best when given within 10-30 minutes of a reaction.  The risk of giving it to someone with a healthy heart is about zero.  The risk of not giving it is that the person could die. 

As for school, you will get good advice here.

[hezzier]

Can you transfer to another school in your district?  Or go to superintendent about 504?  Do you know if anyone in the district has one? 

[Stinky6]

Read all the 504 info - and try try try not to be emotional in your arguements - and not to escalate the tone of things....there are laws, it is clear, it is simple and you are going to make sure that the school abides by the law and keeps your son safe.

The idea that your son wont get anything next year is rediculous and not worth arguing or being upset about - say - "we are discussing this year".....

I would request a 504 meeting - in writing - right now
I would walk into that meeting with three or four thick binders or folders stuffed with information

be cool, calm and collected

but you have to do your homework first and read, read, read

my son is in 4th grade, has had peanut free room and table since K - we are advised in advance of all trips, parties, etc....its not the best plan, but it is good - it took a lot of work...but has gotten easier every year - but I came in with a cannon  (note I'm in WA state - but I grew up in Jersey and boy am I glad that I didn't have to fight this in Jersey because I think people are much more comfortable with confrontationt there....which played to my advantage here - and in life.  Jersey rocks)

[yelloww]

My son's first 504 was in NJ. In a super small town with one k-6 school. He was the first MFA kid and they had a huge amount of learning to do. His first 504 plan was 52 pages long when you counted all of the supporting/educational documents I had to give the school in order to clue them in on how schools deal with severe allergies.

My advice is to NOT let this slide until teacher conferences. What if he isn't fine for Halloween? What if something else ends up happening between now and then? Stay on them, and the teacher, about all of it.

Question: Why isn't the principal the delegate after the nurse? What if the nurse and the teacher are both absent on the same day? We had our delegate as the principal and not the teacher just in case that situation arose.

Stay calm. Don't be emotional. Focus on the end goal and keep working on it.

That first 504 plan took me 47 hours of work on my part which included all of the time educating teachers, principals, and the school board about allergies. I kept a log because I knew it was going to take a ton of time. I just kept teaching them, explaining things, re-explaining, offering solutions, etc.

In the end, we moved out of NJ. Not because of the allergies, but because of the academics.

Someone here probably has a copy of our first 504 plan. I'm not sure I have it online anymore, but I know that I've provided copies of the plan (including the substitute teacher plan) to other people. Sorry I can't be of more help- my son is in middle school now. It gets better. Hang in there!!

[rainbow]

Hi! I agree not to let it slide for now.  Do the following:

- Read 504 threads here.
- Look up the article on wrightslaw.com - search "peanut allergy" on the site, about "When a school refuses a 504 for peanut allergy"
- Read the law related to ADA Amendment (ADAA)  and how life threatening allergies are covered
- ALWAYS use the words "life threatening" allergy when discussing the allergy with teacher/nurse/principal/school staff
- Get a note from Doctor explaining a peanut free zone is required to keep your child safe. But explain what that means (ie, shared snacks must be labeled as safe for peanut allergy; signage on classroom, no home baked or store baked goods due to cross-contamination, reduce shared food events).  This is also as per the recommendation of AAFA, AAAAI etc (google the articles and print them).
- Request a 504 meeting in writing.
- Insert a paragraph in the letter detailing the unsafe practices and lies (ie, chocolate given to your child)

Do this all within the next week or two. DO NOT wait until conferences.  Then they will use it against you and say "well he's been safe so far..." etc.

Also, check your Private message.