Can school require your child to wear a bracelet identifying their allergy?

Started by hezzier, August 15, 2013, 07:39:26 PM

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hezzier

So my friend called me in a panic tonight because their new school (a catholic private school) made her daughter (4th grade with PA) go down to the office and put on an orange bracelet so that the lunch volunteers could recognize that she had an allergy.  I think the part that upset her the most was that their lunch is only 15 minutes (her daughter is a slow eater) and with the trip to the office, she had about 5 minutes to eat.

So they want my friend to get her a bracelet identifying/outing her allergy.  She does not wear a medical alert.  And so far has not had a contact reaction, she doesn't share food, and never had an issue at her old school (the one DS attends) in the lunch room (we don't have an allergy table).

Someone already knew about it, because the adult approached her DD in the lunch room.

Any thoughts or suggestions would be appreciated.

momma2boys

The school has always put in my sons 504 that he has to wear a medic alert. He doesn't always like it but you never know if something haappens in a hallway or central location and it is a sub who doesn't know him. I never had an issue with it.
peanut, treenut, sesame
Northeast, US

twinturbo

Note that I'm using exacting language here. A religious entity that runs its own private school is exempt from even Title III.

Having said that I'd recommend the MedicAlert bracelet it's just a good idea. My oldest is currently enrolled at a private school run by a religious entity.

CMdeux

What TT said.

Oh, though-- orange bracelet??

YUCK.

Like a scarlet A or something.  P for pariah.

:-/

Can they compel this?  Well, not if they have obligation to follow federal law they can't.  Not like this they cannot.

Because this isn't medically mandated by a qualified physician, right?

On the other hand, can a school mandate a medic-alert bracelet?  (Less specifically identifying, so it's not "identifying" per se)  Probably.

Why the difference?  Because a Medic Alert is for management and is a reasonably standard tool for that purpose.

An orange "Look at me-- I have a peanut allergy" sticker, bracelet, lunch-tray, teeshirt, or forehead tattoo?  No.  That's for the convenience of school staff.  Not for management from the child's perspective.

Nuanced, yes.  But it's not least restrictive from the child's perspective, and it doesn't include him/her to the greatest extent appropriate with his/her classmates.

All of that only applies if this educational entity is bound by ADA as a place of public accommodation, however.
Resistance isn't futile.  It's voltage divided by current. 


Western U.S.

twinturbo

Well, you may be able to argue contract here assuming the school isn't so brimming in riches it can afford to turn down tuition in a sluggish economy. They probably have some ridiculously stupid clauses they think covers everything. What we have done in the past is take it up with whoever they have in charge of administration--which in our case was and is a headmaster. Tell them why their ridiculous orange tag is ridiculous and see if there isn't some other system that can't be worked out. Point out, politely, that this isn't quite what you thought the private school experience was about and that the education services are being paid for and you're not paying for public ridicule.

They just may not have thought it through, have some really old people working towards retirement, or who knows. A contract exists it's just not involving anyone else but you and the school.

CMdeux

that the education services are being paid for and you're not paying for public ridicule.


Or you could offer to endow some stocks.

No, not the financial instrument.

I mean-- you know--

Stocks.

[spoiler][/spoiler]

That way ALL the students can share the love.

Resistance isn't futile.  It's voltage divided by current. 


Western U.S.

Janelle205

You know, I think that it would be helpful for the recess volunteers to be able to identify which kids have a social disorder, or ADHD, or autism, or a developmental delay.  We should probaby put brightly colored bracelets on all of them too.




Hoping that you all know that I don't really mean this...

Macabre

DS: 🥜, 🍤

twinturbo

Hey hezzier maybe pass on a couple of, oh... suggestions to friend. In the case of new school meaning new to private school rules have your friend read all the policies for field trip transportation. Likely mom and dad have read it all but it's the unscheduled field trips and transportation that can get worrisome. Vehicle may mean other school parent, it may also state that a student may be asked to stay at home if they feel they won't accommodate.

All sentiments about exempt entities aside the girl is in the school now and often times contracts will state that tuition is still due from the family even if the school dismisses the student. While religious entities running their own private schools are exempt from ADA that should not absolve them from the business end of things. Important to remember.

hezzier

Thank you.  I will pass along these recommendations.  I emailed her last night with some sites for medical alert bracelets that had "pretty" options.  She's going to need to come up with a system until she can get one ordered because taking 10 minutes out of 15 minute lunch to go to the office is unacceptable.

Macabre

It seemed to me that they weren't wanting a medic alert bracelet but a way for staff to easily identify her.

If it were public, as said above, doing something about this would be straightforward initially. But the fact that it's private and religious---well, I think the best hope is a conversation that addresses the feelings of her dd and also says tht singling out a child for her disability isn't a good/nice/kind thing to do. 
DS: 🥜, 🍤

hezzier

Quote from: Macabre on August 16, 2013, 07:23:40 AM
It seemed to me that they weren't wanting a medic alert bracelet but a way for staff to easily identify her.


Yes, I agree.  I asked if they wore student ID's, but they don't.  My thinking was a small round sticker on the ID would be less intrusive than an orange bracelet. 

Macabre

I'm not understanding why they need to identify her at all. DS has been in schools that I assume are larger (three different elementary schools), and he was never singled out like that. The cafeteria staff was given a picture of him.

Really, the school probably just needs some guidance in terms if thinking first about including her.  Goodness, there was a term we've used, but I've only had a few sips if coffee. I'll think of it.

The closer we got to Middle School the more DS did not want to be singled out. This bracelet is not necessary, but not using it will require a bit more work on the school's part--but not much.



A parallel: would the school require a student with another hidden disability, say ADHD, to wear a t-shirt identifying herself as having ADHD?  Or a boy with Tourette's? What about a child with diabetes?

Or hey--a blind child--would he have to wear something that singles him out in front of his peers for the convenience of the staff? 

I'm guessing (hoping!) not.

When my child was asked to do something no one else was required to do, I would use this language:  DS' non-disabled peers are not required to do this. DS has the right to the same education as his non-disabled peers.  (In elementary school I used this language when DS had an assigned seat on the bus because of his PA at the front of the bus. His friends say in the middle or back. They got to talk to each other, but in order for DS to talk, he had to turn around, and he got in trouble for that. The principal called me because DS was in trouble, but I turned that conversation around. :)

Also a year ago as we entered high school that conversation happened again when in his 504 meeting the principal, nurse and school counselor thought DS ought to make an announcement that he had PA to his home room class (meets 20 minutes daily). This was because the students can eat anywhere at any time and there is an organized snack one day a week. This, they informed us, was not going to change. They wanted him to let the class know about the allergy and thought the class would be empathetic.

No way.

Anyway, that language was helpful there, too.


Now, a private, religious school doesn't have to concern itself with the ADA unless it receives any federal funds. But I'm thinking the mom could craft whatever language that she thinks would be helpful to get across the same meaning--that her dd's peers are not being treated the same way. 
DS: 🥜, 🍤

SilverLining

They've asked the mom to supply a medical bracelet (I.e. medic alert type).  What's the issue?  Kid should be wearing that anyway.  What if she's in an accident and the parent with her is also n able to give instructions to the EMS?

The school had an ugly orange one used because the child didn't have one.  They didn't tell the parents to put an ugly orange bracelet on her.

Our school board forms include instructions for everyone...school, teacher, student, parent.  One of the parent espnsibilities is medical jewelry.

SilverLining

QuoteI'm not understanding why they need to identify her at all. DS has been in schools that I assume are larger (three different elementary schools), and he was never singled out like that.

I thought your ds wears a medic alert.

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