Insensitive public school-Egg allergy

[kcw]

We have 2 boys who have LTA to eggs.  One has been moved to a private middle school, and the youngest (8) still at elementary school.  2 bad reactions, Epi pen, ambulance ride to ER in less than 2 years, with the last one being in August 2012...first week of school.  Since then, a 504 plan has been implemented.  First audit of allergy check per 504 plan showed 25% were not done.  Following the August reaction, the superintendent said a task force would be started and asked if we would participate on a task force.  After 3 months nothing was done so I sent a nasty letter to the superintendent.  Shortly after, the first meeting was held.  2 meetings held thus far with not a lot of progress.  One of my complaints which I have stated is that once a month my child can not eat in the lunch room because they have 'brunch for lunch'.  No other alternatives are offered.  My wife has to go get him and provide a lunch for him because they will not change.  Another time he was 'bribed' to sit by himself and a friend and an isolated table.  If a friend would sit with him they would be rewarded with a coupon as well.  There are other instances but will turn this into a novel.
Any advice?  I'm to a point where I think I will lodge a complaint with the Office of Civil Rights.   

[twinturbo]

We'll all help. Think in forum response time the advice will roll in gelling in a few days.

Here's my first pass: get it all down now while it's freshest in your mind. All your supporting documentation, emails, notes, anything. Draw up a timeline with names, dates, events, separate for each child. Keep a paper copy in a binder with tabs if possible, another on your hard drive, one backup of electronic files on thumb drive. Scan in everything paper save to pdf to convert.

[LinksEtc]

This thread might have some helpful info for you.  Sorry, the thread is not "complete" yet, but it's a start.

504 index - Violations

[504 Mom]

I filed with OCR recently.  I have kept it off the board in case the school or the district start googling and find this board.  You are welcome to pm me.  If you are in my state, I have lots to say.  I don`t want to post my state on the board, but would be happy to tell you by pm.

[lakeswimr]

It sounds like you have both safety and inclusion concerns. 

I'm curious what caused the two reactions. 

It is common for a food allergic child to eat at an allergy-free table or section of a table with kids who don't eat their allergens if the child requires it.  I personally LIKE that.  There must be more than just one child who is not eating eggs when they have those brunch lunches, aren't there?  My son's school found kids who didn't have milk in their lunches even though nearly all got milk with their lunch.  Can you talk with the lunch monitors and teachers who oversee lunch and ask them to help find more kids to sit with him?  Can he sit at a regular table in a set place and have that part of the table be egg-free? 

Are you wanting them to offer him egg-free food to purchase at lunch?  Do you trust them to be able to do this? 

I know you may not want to put all your specifics on this web site so don't feel you need to answer all my questions. 

I think you should focus on getting 504 compliance with the things they agreed and safety first and then inclusion an important 2nd. 

[kcw]

Lakeswimmr,
Last 2 reactions; one in the classroom, and the other in the lunchroom.  Teacher gave a treat without reading ingredients on the master list, and the last reaction the cafeteria manager gave him food with egg without reading ingredients.   I'm not aware of any other egg allergy children but do no know there are more nuts, etc allergies there.
Inclusion hasn't been a problem over the course of 6 years, and somebody thought it was a good idea to do without our concent.  Our biggest complaint is there is no substitute for brunch that is done once a month. They said, "he can eat sausage." Wow!!!!

[twinturbo]

What specifically (while answering generally to preserve your anonymity) do you want to see changed? From what you've said thus far it sounds like the school implementing the accomodations in the 504 fully and consistently in both letter and spirit is presenting both obstacles to educational access and threats to life/health. Furthermore that there is no traction towards remedying despite a 504 on paper, you're essentially getting dialtone on the other end?

Close?

[lakeswimr]

I also wonder what you want them to do that they are not doing.  Do you want them to remove egg from their menu entirely?  Do you want them to serve your child something in addition to sausage to replace the egg?  I wouldn't personally feel comfortable with my FA child eating from the cafeteria at all. 

What in your 504 are they not following? 

Does your 504 cover teachers giving your child food?  Ours specifies DS only gets food from home, from his treat box or food I personally approve.  I do not trust other people to label read for me.  The teacher is also supposed to tell me about any food events at least a week in advance.  (The treat box doesn't get used but i like having it there just in case there is some random thing.)  Hasn't been in years, thankfully. 

if  your biggest problem is they serve eggs once a month and don't give your child a substitute you are doing well.  But it doesn't sound like that's your biggest problem.  It sounds like a lack of education of the teacher and lunch staff who fed your child allergens is the biggest problem. 

I want to support you.  I'm not trying to be unsupportive.  i'm trying to understand your situation.  Not sure I do fully.

[maeve]

Lakeswimmr,
Last 2 reactions; one in the classroom, and the other in the lunchroom.  Teacher gave a treat without reading ingredients on the master list, and the last reaction the cafeteria manager gave him food with egg without reading ingredients.   I'm not aware of any other egg allergy children but do no know there are more nuts, etc allergies there.
Inclusion hasn't been a problem over the course of 6 years, and somebody thought it was a good idea to do without our concent.  Our biggest complaint is there is no substitute for brunch that is done once a month. They said, "he can eat sausage." Wow!!!!

My child has and egg allergy and was seated at the "time out" table as a means to protect.  At the time this was started, we didn't have a 504.  It was quickly rectified after the 504 and she sat with her class with a buffer of kids who did not have her allergens in their lunches.

IMHO, I think you need to really take a look at what  you have allowed the school to do in your stead.  I do not let my DD eat lunch at school (she's in middle school and she still packs lunch) and I never ever let a teacher serve something where I haven't read the ingredients personally.  I just don't trust someone who doesn't deal with this 24/7 to do it correctly and there's too much on the line should something go wrong.  But that's just me and we're also dealing with several other food allergies.

[Macabre]

Technically, according to the USDA, the school is required to provide safe food for a child with a 504 for a LTFA (I can get you a link). However, we've not ever had the school do this.  It just wasn't in our comfort zone. However, there are families here who have situations where their children do eat at school (the parents have gone in and read labels and do so regularly, they have a comfort level with the school handling food, etc.). 

My son is in high school (a freshman), and having seen the way the school handles food--they have allergy warnings on all food out so students can see), I am planning to talk with teh cafeteria director about DS eating there.  We do eat at some restaurants and it's essentially similar.

But that's different than food in the classroom. 

When my son was in elem school and they were allowed to eat in the classroom and kids brought PB, we took oru child home.

This was a violation of FAPE. He did not have the same access to education that his nondisabled peers had. 

It was also a matter of inclusion. He was being excluded from educational and social opportunities that his nondisabled peers had.

He was also excluded when they made him go out in the hallway when mothers brought SURPRISE! cupcakes for the whole class.  Ugh. 

We have also not let others make decisions about what is safe and what is not safe. I understand why that is angering you. 

I do think you should be able to get an egg-free classroom, especially given that this activity has caused reactions.

I would make a list of what your child needs in the 504 that isn't already there and work on that. At the same time, you probably have reason to file with OCR. However, that can be a long road.  I might try resolving things internally first or at the same time.

[kcw]

Thanks for all of the reponses.  I have been out a couple of days and back in the office now.  Great questions.  I will try to touch all of them.  First, we have specifice items noted in the 504 plan which are to be conducted.  They have failed in several instances.  Not trying to go egg-free at all.  Our child is entitled to FAPE.  Being told to eat sausage doesn't cut it.  Exclusion doesn't cut it either.  Our allergist has recommended him not to be in the lunch room on this particular day, and, again, there is not a meal substitue offered either.  My wife and I are on a mission to educate others who have no knowledge of 504 plans.  To think that any school system would sit back and do nothing over the past 4-6 years when there are numerous documented food allergy reactions, it absolutely mind blowing.  No food allergy policy, very few, if any 504 plans until we got ours.  They should be held accountable and our mission is to educate others.

[Macabre]

Okay if your child does eat cafeteria food, something the school should know is the significantly increased possibility for cross contact with egg on those days. The sausage (if it started out as truly egg free) could very well be cross contaminated with egg by the time it would be served to your child. Their solution is unsafe. Moreover it is not inclusive and doesn't provide your child to the same educational opportunities (social ones in the cafeteria) that her nondisabled peers have.

[504 Mom]

My experience with OCR was that it did not take long at all for intervention.  It took a few weeks.  I think with something like food allergies, and life and death situations, they move faster than something that is not so urgent.  I would encourage you to file.  I was glad I did.  I will also say that they are very set on the concept that the school is only required to do what is in the 504 and nothing beyond that.  They are very literal.

However, I second the idea of not allowing school to determine what is safe for your child.  I would not expect them to have the same level of expertise on egg allergy that the parents have.  My child is in high school and has never had the cafeteria food.  I know that the law says they have to provide an allergen free meal, but the chance of them never making a single mistake in 12 years is remote, and the consequences if they make a mistake are too serious for me to take that risk.  My child does not eat anything unless it has an ingredient label.  That rules out cafeteria food, but purchasing a snack from vending machines or in the student store is doable, because the ingredients are on there.

[ajasfolks2]

I believe (due to the child's reaction from teacher-provided NONessential "treat") that the school has proven there is RISK TO LIFE for the child with the NONessential foods in classrooms.  That classroom "accommodation" seems to have been (skewed) set up to accommodate the food use rather than to ensure the safety and inclusion of the child.

That USDA form (doctor/allergist completes) is critical to getting the cafeteria in line if you need to use them for feeding child.

[ajasfolks2]

Just wanted to add the following -- it is from "Responsibilities of a Substitute" from Loudoun County, Virginia Public Schools:

Food and Rewards. Do not give food of any kind to students. Allergies are prevalent in our school system and some students may have severe and even life-threatening reactions to the most innocent of treats. Rewards such as stickers are encouraged but a note left for the teacher to acknowledge good behavior is usually the best option.

Link: (page 31) 
http://www.lcps.org/cms/lib4/VA01000195/Centricity/domain/69/subcentral/Substitute%20Guide%202012-13%20PDF.pdf

No reason why this cannot be the rules for the regular teacher too -- at ANY school!

Just something for thought as you work to fix things with your school.