UPDATE Please help with 504, the school bus and a very stubborn district

[daisy madness]

I'm new here.  My kindergarten son has known allergies to 5 foods.  He has never eaten a peanut, but has reacted systemically to touching a jar of peanuts.  All the others he has eaten so they are proven allergies.  He is ana to at least 2 foods.  He has reacted to touching invisible food residue and has reacted more than 40 minutes after ingestion of an allergen (documented b/c this occurred during a food challenge at the allergist's office). The bus company contracted by our school district will not allow their drivers to administer an epi-pen.  The drivers are employees of the bus company, not of the district.  Should my son experience anaphylaxis on the bus, the driver will pull over, dial 911 and then do nothing to help him.  I have therefore been driving him to/from school. He carries an epi in his backpack.  Also, the school is 3 miles away but the bus ride is an absurd 45-60 minutes.  My older daughter takes the bus because they go to 2 different schools but the same bus.  It drops at his first then goes to hers. My son is begging to take the bus.  And I am attempting to return to work, which would make driving/picking him up every day a challenge. 

I have asked the district to put an aide who is trained to give the epi on his bus so he could ride the bus safely.  They are refusing.  I have gone up the chain to the superintendent and he said no.  His absurd reasoning was that since his allergies are contact and ingestion, but not inhalation, an aide is not needed.  Crazy!  The issue has been discussed informally with the board, but has not been discussed formally.  I have no reason to think they will provide an answer other than no.  When I wrote my letter to the superintendent, he responded by having the nurse prepare a 504 plan.  I was not informed when the meeting would take place nor was I invited.  It was sent home in his backpack for me to sign, although the nurse did call me to ask questions about his medical history and I was informed that the document was being drafted.  It basically just says all the precautions they are already taking in school (which I was already fine with) but it does not address the bus.  I am refusing to sign it.

I sent a letter a few days ago to the county superintendent, so hopefully she can get something accomplished.  But I really don't know what else to do.  I don't care that they don't allow eating on the bus.  That doesn't help me when he could have ingested something 40 minutes earlier that causes him to react on the bus!  Furthermore, the afternoon bus is sometimes delayed and the school office is closed before my daughter gets off the bus!  Twice I have called them when it was 25 minutes past drop off time and she still wasn't home, and received an answering machine.  How can I put my child with anaphylactic food allergies on the bus under these circumstances?

The 504 laws are very new to me.  I'm having a hard time navigating through all of this.  Any suggestions would be much appreciated.  I did speak to a non-profit disability rights group in our state who referred me to a pro-bono attorney.  She said that I am correct that the district should provide and aide on the bus, but her caseload is full and she can not help us. 

Furthermore, I had this insane conversation with the business administrator of the district.  When I first called to speak to the superintendent (before I wrote my letter), his secretary wouldn't let me speak to him and instead put me on the phone with the administrator.  She said that it's a "parental responsibility" to transport children with food allergies.  I told her that that sounded discriminatory.  She asked how.  I said the district has a legal obligation to transport all the children, including those with disabilities.  She said "we can't transport children with disabilities.  We don't have a special bus!"

I have provided the district with my son's allergy action plan from his allergist which states that the order is 1. give Epi, 2. call 911, 3. transport to ER.  How is the district able to blatantly disregard these instructions by stating that the order the bus driver will follow will be 1. call 911, 2. wait for emergency responders to arrive who will administer epi.  Doesn't the district have some sort of responsibility to be sure my child is treated in the manner that his doctor recommends he be treated?

[Macabre]

First (((hugs)))


You will get response here. I can respond a little later in my lunch time more fully. I just wanted to let you know right away that you've been heard.

[daisy madness]

Thanks!  I'll be leaving in an hour and will be out until late this evening, but will check back then.  I really need the help...I feel pretty lost with this.  I'm usually able to research things and get a good grasp on things, but for some reason, these laws are confusing to me.  Oh, and in case it's helpful, he does not have any other disabilities that I'm aware of that would make him qualify for an IEP. 

[twinturbo]

You know scratch what I wrote.

I'm going to backtrack a little. You do have a 504 written up to your satisfaction but for transportation? That there is no adult who would be designated to deliver epinephrine? Eligibility has been confirmed, your 504 is otherwise to your satisfaction? In this particular instance it is the accommodation of an designated aide that is the one stumbling block?

My first inclination is to put the request in writing to the district with your allergist's endorsement if possible, cc'ing all parties. That way to deny it with the reasons they stated verbally would be placed in writing.

[daisy madness]

Twinturbo. I'll have to look over the 504 more carefully. There isn't anything in there that I disagree with, but there may be some things I'd like to add. But my huge sticking point is the transportation issue. I don't feel I should sign it without that being addressed.

[daisy madness]

And they did deny it in writing. I sent my request certified with return receipt. The superintendent responded via email denying the aide because the allergies are contact and ingestion, but not inhalation.

[twinturbo]

What about the statement that they don't transport children with disabilities and transporting FA students is a parental responsibility? The real out there stuff. The direction I'm going in is drafting a letter of understanding with each response the district has given you. Though I have a rough draft in mind  I can't dedicate the attention necessary to write it competently right now. Along with that letter would hopefully be an accompanying supporting endorsement from your allergist that a designated adult who can administer epinephrine is necessary during transport. The district must evaluated the sources, not perform their own diagnosis.

It may or may not solve the problem at that local level, but it certainly does set the stage for an escalation via OCR if necessary.

[daisy madness]

Twinturbo- I'll post an accurate chain of events tonight, but that conversation about not transporting FA children was verbal, so I can't prove that one.

Thank you so much for your help!! I am truly very thankful!

[twinturbo]

Ooh, hold up. Be careful of identifying information. Anonymize what you can.

Here's my proposal. I'm going to post my draft later when I can. Everyone here knows my style and where my strengths and weaknesses are. I'm aggressive and dry which isn't always the best tool for the job. But I both know they know that and that they will modify, edit, fact-check and/or challenge my draft accordingly. It's what I love about this place - I can always count on peer review. So wait for a few rounds of edit to kick in.

letter to principal (regards bus aide)
Riding the bus?

^Those are two previous thread on the subject. The first outlines an exacting letter from an allergist that epinephrine must be injected immediately by a designated person across all school functions including transportation. The epinephrine cannot be delayed. You may want to consider that the aide wipes down the seat that chid will sit in as a preventative measure. That's letter #1.

Letter #2 from the allergist should be a gold standard letter naming you the expert in negotiating accommodations in crafting accommodations. I'll put that in a spoiler tag click on it to expand.

[spoiler]

To Whom It May Concern:

I have been asked by XX XX's parents to provide medical information regarding XX's allergies. I understand that you need specific and current information that will be used to determine whether or not XX meets the criteria for a 504 Designation under Section 504 of the Rehabilitation Act of 1973. I believe XX qualifies for this designation based upon his diagnosis and clinical history of life-threatening (anaphylactic) food allergies.

Anaphylaxis is defined as a systemic allergy reaction and can cause death or permanent disability. Approximately 150 people die each year due to anaphylaxis to foods, most commonly to peanuts. Below, I briefly describe the body systems affected during anaphylaxis:

Systems & Symptoms

Skin and subcutaneous tissues: mouth itching and swelling of the lips, tongue, or mouth, and hives.
Gastrointestinal system: nausea, abdominal cramps, vomiting and/or diarrhea (the vomiting and diarrhea can be severe, leading to intravascular volume depletion and shock).
Respiratory system: throat itching and/or sense of tightness in the throat, hoarseness sue to edema in the larynx with the possibility of closure of the airway, hacking cough, shortness of breath, repetitive coughing, and/or wheezing.
Cardiovascular system: "thready" pulse, decreased cardiac function leading to drop in blood pressure and shock, leading to possible cardiac arrest.

XX has a history of rapidly progressing anaphylaxis involving the gastrointestinal, skin, respiratory, and cardiovascular systems. Due to this reaction history, XX is at elevated risk of a fatal anaphylaxis.

XX was diagnosed with life-threatening food allergies at the age of 1 1/2 years. Since that time, he has also been diagnosed with severe, potentially life-threatening allergies to all tree nuts and eggs. (Test results available upon request). XX has a clinical history of reactivity to ingestion of microscopic quantities of allergens, contact with allergens, and inhalation of allergens.

For the purposes of this letter for a Section 504 designation, I attest that XX's medical condition substantially and significantly affects the life function of caring for one's self, and may also substantially and significantly limit the life functions of breathing, talking, walking, and performing manual tasks.

There is no cure for food anaphylaxis. Unlike other allergies for which there are medications or immunotherapy, there is no medication, immunotherapy, or device which can act as a mitigating measure for those who are anaphylactic to foods. Regular maintenance medications do not eliminate the need to practice avoidance, nor does epinephrine or any other rescue medication or device necessarily resolve anaphylaxis or eliminate the need to seek additional emergent care. Death or permanent disability is a possible outcome any time anaphylaxis is triggered. Peanut is of particular concern since a triggering dose cannot be reliably determined, even for an individual. Total avoidance is imperative.

Avoidance of all contact with food allergens (peanut, egg, and all tree nuts) is the only way to avoid a potentially life-threatening allergic reaction. Such avoidance is a highly complex task, impossible for a child without the ongoing assistance of an adult who is knowledgeable about the condition. Successful avoidance requires a comprehensive written accommodation plan in consultation with parents and physician.

I consider XX,s parents, XX and XX XX, to be knowledgeable about the successful management of their son's medical condition.

Sincerely,

Dr. XXX, M.D.

[/spoiler]

I highly suggest getting these two airtight letters from your allergist. It won't matter at that point what your principal's unqualified medical opinion is at that point because the rules call for considering these sources you are providing. Here's my biggest concern: they banged out a 504 without even bringing you into the process. They are supposed to include parents in their variety of sources. Have you seen some sample 504 plans? I'm a little worried it's a bare bones one that hardly incorporates all your child will truly need to access the education peers are receiving.

Read up on procedural safeguards.

[spoiler]

PROCEDURAL SAFEGUARDS

Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services.

41. Must a recipient school district obtain parental consent prior to conducting an initial  evaluation?

Yes. OCR has interpreted Section 504 to require districts to obtain parental permission for initial evaluations. If a district suspects a student needs or is believed to need special instruction or related services and parental consent is withheld, the IDEA and Section 504 provide that districts may use due process hearing procedures to seek to override the parents' denial of consent for an initial evaluation.

42. If so, in what form is consent required?

Section 504 is silent on the form of parental consent required. OCR has accepted written consent as compliance. IDEA as well as many state laws also require written consent prior to initiating an evaluation.

43. What can a recipient school district do if a parent withholds consent for a student to secure services under Section 504 after a student is determined eligible for services?

Section 504 neither prohibits nor requires a school district to initiate a due process hearing to override a parental refusal to consent with respect to the initial provision of special education and related services. Nonetheless, school districts should consider that IDEA no longer permits school districts to initiate a due process hearing to override a parental refusal to consent to the initial provision of services.

44. What procedural safeguards are required under Section 504?

Recipient school districts are required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian, representation by counsel and a review procedure.

45. What is a recipient school district's responsibility under Section 504 to provide information to parents and students about its evaluation and placement process?

Section 504 requires districts to provide notice to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.

[/spoiler]



After some thinking I believe the best way to move forward is a short letter that brings you (parent) into the 504 process. Acknowledge that child has been found eligible but that there has been an oversight to include you in the process. You will need a 504 meeting to discuss accommodations. You look forward to that meeting where you will provide new, specific medical sources, and that you can review the 504 together with the 504 team.

Dear Principal,

I have received in writing that [child] has been found eligible for 504. Thank you for that timely response.

Due to some oversight I have not been included in the process. I am requesting a meeting with the 504 team to discuss accommodations together for [child's] 504 plan.

This is of an utmost importance as several answers I've been given by district personnel make no sense such as the "district does not provide transportation to disabled students." I look forward to participating in my child's 504 with the team, and to clarify some of these most assuredly erroneous statements made by personnel.

Eh, too much repetition but it's a start. I like it simple, get back on track with the 504 process as it should go. Nail eligibility, meeting with 504 team, discuss accommodations there. Bring your rock star letters from allergist. Go prepared with all necessary and appropriate accommodations in mind.

The intent, if s/he is a chess player, can decode is
[spoiler]

Dear Principal,

Hi.

Regulations. We're going to follow them. This is totally happening.

Help yourself to some.

[/spoiler]

[daisy madness]

Thank you so much!  You're amazing!  I can't believe it's taken me 5 years to find these forums.

On a negative note, I don't know how much help his allergist will be and I'm so disappointed about that.  I love his allergist.  Son has had a number of medical concerns and was falling through the cracks with the pediatrician.  This allergist is the one who really took charge and got us the right testing and to the right specialists.  He's even called on occasion to ask how son is doing.  He asks me to call him after son's specialist appointments to update him on what transpired.  After the horrible phone call with business administrator, I called his nurse.  I asked if they could put something into writing saying that son needed an adult trained to administer an epi on the bus.  I explained the length of the ride.  Nurse said he doesn't get involved in issues between parents and school districts and he would not write the letter.  I found this completely shocking!  I was crying on the phone.  It was awful.  This was seriously just a few days after his failed food challenge in which the allergist stated to me "wow, he didn't eat much at all before he reacted.  You really need to be careful with him." I will write the allergist a letter asking him for the letters you've suggested.

Ok.  The basic sequence of events was that we moved into this new district in late summer, so I didn't have much time prior to the start of the school year to iron things out.  I spoke to the principal and he informed me of the bus company policy.  He said most parents of FA children choose to transport their child due to this policy.  I asked if any parents had previously pushed the issue on the basis of it being discriminatory.  He said it had been addressed many times before and that the school board has refused to budge.  The district will give aid in lieu if you choose to transport. 

I spoke to the school nurse, and I felt very comfortable with what she was planning to keep him safe in school.  Nut free lunch table but including other children who had screened lunches so he wouldn't be sitting by himself.  There is only one other child in his lunch period whose parents have also chosen the nut free table.  He sits next to that child and kids with screened lunches sit further down the table so issues with spills are eliminated.  This is so he can be safe but not overly excluded.  My son doesn't seem to mind.  He carries his epi at all times.  There are a number of designated employees throughout the school who are trained.  His teacher is trained and there are several trained adults in the lunch room including the principal.  Classroom is nut free.  Kids eat snack in the classroom.  No birthday food treats at all.  There is one other FA child in the class although I don't know who it is.  A letter has already gone home telling the parents no birthday treats and all snacks must be nut free.  Teacher wipes off his table before he sits to eat his snack and wipes off all snack tables afterward, increased handwashing, etc.  There may be some things we need to tweak as time goes on (darn boxtop contest with pizza and ice cream party reward), but overall I'm very comfortable with all of this. 

I called the superintendent's office to discuss transportation concerns.  Secretary transferred me to business administrator.  Insert discriminating conversation.  I wrote letter to superintendent (certified/rr) stating that my son has a disability which restricts major life activities.  I outlined his allergies, history of reactions (40 minutes after ingesting, contact, etc) recounted conversation with administrator, stated that I believe his civil rights are being violated, asked for an aide on the bus and said that I hoped we could work together to keep him safe on the bus. I included a copy of his allergy action plan.   

Letter was received, school nurse called to say superintendent asked her to draft a 504.  A week or so later she called to ask medical history questions, went over the basics of what she was including (basically all the things they're already doing), she said my request for an aide would have to be approved by superintendent.  504 came home in backpack with a note to make changes if I deemed them necessary or to sign if it looked satisfactory. I haven't done anything with it since it doesn't address the only concern I have.

A few weeks go by, no response to my letter.  I sent an email to superintendent and copied the principal asking for a direct response to my request.  Received his email response a few days later denying the aide.  I responded asking if this had been presented to the school board, he said he informally discussed it with some members but it wasn't officially addressed.  He said he would contact me after their next closed meeting and that we could address it at the next public meeting.  Having never been to one, I wrongly assumed this meant I would have to discuss son's medical info in front of the public so I emailed back.  He called and said that would never happen that way and that all medical info would be protected.  He said he would present my letter and contact me after closed meeting. 

[daisy madness]

What is considered "placement" under procedural safeguards.  Is this the same as the accommodations?

Recipient school districts are required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian, representation by counsel and a review procedure.

What constitutes opportunity for parents to review relevant records?  Is this supposed to take place prior to the 504 meeting?

Is the impartial hearing for if we disagree with the 504?

[Macabre]

After some thinking I believe the best way to move forward is a short letter that brings you (parent) into the 504 process. Acknowledge that child has been found eligible but that there has been an oversight to include you in the process. You will need a 504 meeting to discuss accommodations. You look forward to that meeting where you will provide new, specific medical sources, and that you can review the 504 together with the 504 team.

Dear Principal,

I have received in writing that [child] has been found eligible for 504. Thank you for that timely response.

Due to some oversight I have not been included in the process. I am requesting a meeting with the 504 team to discuss accommodations together for [child's] 504 plan.

This is of an utmost importance as several answers I've been given by district personnel make no sense such as the "district does not provide transportation to disabled students." I look forward to participating in my child's 504 with the team, and to clarify some of these most assuredly erroneous statements made by personnel.

Eh, too much repetition but it's a start. I like it simple, get back on track with the 504 process as it should go. Nail eligibility, meeting with 504 team, discuss accommodations there. Bring your rock star letters from allergist. Go prepared with all necessary and appropriate accommodations in mind.

Yes--this would be my tack as well.  You have got to be involved in the process. 

I do think that calling your OCR office (if it is not shut down---bet it is) could be a good thing.  Especially if you live in Virginia or North or South Carolina, because that OCR office has proven time and time again to get this (others not so much, sadly). 
http://www2.ed.gov/about/offices/list/ocr/addresses.html


Unfortunately, parents are not required to be notified of a 504 meeting, but look at this publication from the Department of Education, :

http://doe.sd.gov/oess/documents/sped_section504_Guidelines.pdf

Who makes up a Section 504 Team?
Responsibility for considering and developing a Section 504 Accommodation Plan
consists of a core group that includes the school principal or administrator, referring
and/or general education classroom teacher, school counselor, and parents—virtually
the same as the core members of the Early Intervening Team. In fact, this team in
many cases may also be the school's Section 504 Team. The team must be familiar
with the student in question.

In terms of understanding the law, this is really helpful:

Three Laws: How They Relate
To understand Section 504, it is helpful to see how it relates to other relevant laws.
ADA—The ADA is federal law which provides civil rights protections to all individuals
with impairments in our society similar to those provided to individuals on the basis of
race, color, sex, national origin, age, and religion. It guarantees equal opportunity for
individuals with disabilities in public accommodations, employment, transportation, State
and local government services, and telecommunications. ADA was recently amended,
please refer to the 2009 ADA amendments.
Section 504—While Congress intended Section 504 to be consistent with the
Individuals with Disabilities Education Act (IDEA), Section 504 is more encompassing.
Section 504 could cover students, parents, employees, and other individuals with
impairments. The Section 504 definition of an impairment is much broader, including
any physical or mental disability that substantially limits one or more major life activities,
including, but not limited to, learning. For public schools, Section 504 covers all
students who meet this definition, even if they do not fall within an IDEA disability 6
category. Students who qualify for Section 504 services do not automatically qualify for
special education under IDEA. The identification for Section 504 services must be
based upon evaluations and conducted by a team of individuals knowledgeable about
the student. Students who qualify for Section 504 may require accommodations through
a Section 504 Accommodations Plan developed by the school's 504 Team.
Individuals with Disabilities Education Act (IDEA)—This law defines eligible
students as those have certain specific types of disabilities and who, because of those
conditions, need special education (specially-designed instruction) and related services
in order to benefit from their education provided through an Individualized Education
Program (IEP).

Check this out on page 28. It's a wonderful summary of your child's rights. Learn this language--it's really helpful.

Procedure Seven: Parent and Student Rights under Section 504
(34 CFR,104.36)
Sample Notice
The following is a description of some student and parent rights under Section 504 and
other federal laws. The intent of the law is to keep you fully informed concerning
decisions about your child and to inform you of your rights if you disagree with any of
these decisions.
 Have your child take part in and receive benefits from public education
programs without discrimination based on a disability.
 Receive notice with respect to identification, evaluation, program, or
placement of your child.
 Have your child receive a free appropriate public education. This includes
the right to be educated with other students to the maximum extent
appropriate. It also includes the right to have the school make reasonable
accommodations to allow your child an equal opportunity to participate in
school and school-related activities.
 Have your child educated in facilities and receive services comparable to
those provided for students without disabilities.
 Have evaluation, educational, and placement decisions made based upon
a variety of information sources and by individuals who know the student,
disability, evaluation data, and placement options.
 Give your child an equal opportunity to participate in nonacademic and
extracurricular activities offered by the school.
 Examine all relevant records relating to decisions regarding your child's
identification, evaluation, educational program, and placement.
 File a local grievance with your school if you feel your child is being
discriminated against because of their disability.
 Request a due process hearing to help resolve issues with the school.
 File a formal complaint with the regional Office for Civil Rights. The office
is part of the U.S. Department of Education. The regional office is located
at 400 Maryland Avenue, SW, Washington, D.C. 20202-1100

Decisions about Section 504 identification must be documented in the student's Section
504 file. Once a Section 504 Plan is developed, it is reviewed at least yearly or
whenever any member of the 504 Team believes it is necessary. A case manager, who
is often the school's 504 Representative, must be assigned to complete and manage
each Section 504 student file. A student's Section 504 Plan must be provided in the
least restrictive environment, most likely the general education classroom.
Under Section 504, parents or guardians must be provided with notice of any action that
changes the identification, evaluation program, or placement of their child. Written
consent for initial evaluation and initial placement is required. The parents should
be included in the evaluation, identification, and placement process whenever possible.
Parents or guardians have the right to file a grievance, request mediation, ask for a due
process hearing, or file a complaint with the Office for Civil Rights if they disagree with
the school's actions.

—Best Practice—
Parent participation should always be encouraged throughout
the Section 504 process.

[Macabre]

Also--go to page 44 of that document for a flow chart. 

Wow--I'd never seen this document before.  How very helpful. 

[Macabre]

A few phrases to burn in your brain:

--My child has a right to FAPE, a free and appropriate public education.

--My child has a right to LRE, a least restrictive environment

--my child has a right to the same education (or bus ride) as his nondisabled peers

[Macabre]

I have been looking for case precedent or other documents that deal with FAPE and third party bus companies.  I did see one about FAPE and a third party (privately owned school--like a charter school--so I think lines can be drawn). 

I don't have time to thoroughly go through this, but this case might have some applicability in terms of having separate buses for children with disabilities.  (An aside:  what is it with Virginia Beach? Do they have some sort of love for OCR complaints?)
http://www.wrightslaw.com/advoc/ltrs/kids_sent_home.htm


Oooh--this could be helpful:

http://www.stnonline.com/resources/special-needs/federal-laws

Federal Laws   PDF   Print   E-mail
The origin of disability rights in the United States traces back to the "equal protection" clause of the 14th amendment to the United States Constitution. It was a long time though until Section 504 of the Rehabilitation Act of 1973, when Congress began to define and codify these rights into federal law. Section 504 specifically prohibits discrimination against individuals with handicaps by any government program or activity that receives Federal funds.

Two years later, the Education for All Handicapped Children Act of 1975 was enacted. It introduced two new acronyms to school transportation. FAPE or free appropriate public education requires a variety of special education and related services. Transportation to-and-from school was defined as one of the related services. LRE or least restrictive environment requires that students with disabilities be educated with their non-handicapped peers.

Not a case, but this may be helpful:  http://www.schools.utah.gov/sars/DOCS/disability/emer504.aspx

The need must arise from the impairment. "It is clear that it is inconvenient for the parent to bring
the student to school. However, no testimony indicated that he had a medical or other disability which
would require transportation." The student lives within 6 blocks of the school, thus not qualifying for
regular transportation available pursuant to school policy for students outside a 1½-mile radius from the
school. His IEP team at the March 21, 2006 meeting determined that transportation would not be
needed as a related service. The parent did not bring any testimony indicating otherwise. While the
student "has a nebulizer at school for asthma, however, he only used it at the request of the parent
during a short period. He was never observed having difficulty breathing, even after strenuous activity."
No transportation was required as a related service. Lincoln Elementary School District 156, 47 IDELR
57 (SEA IL 2006).
Evaluation data requires an aide on the bus. The student's doctor reported that an EpiPen had to be
administered "expeditiously" following the student's exposure to peanut protein (whether ingested,
touched or inhaled), and that should he have to wait for paramedics to be called and arrive to administer
the EpiPen, "there is absolutely no way" he would survive. The administrative law judge ordered an
aide be placed on the bus, further finding that:
"Peanuts are a common food and people, especially children, who have eaten or contacted peanuts do
not always wash or otherwise completely remove peanut proteins from themselves, and it is almost
impossible to make the school environment completely peanut-free. Therefore, it is probable that J.B.
Jr., whether on a school bus or in class, will probably have some exposure to peanut proteins in his
school day. A school bus driver, driving conscientiously, would not be able also to simultaneously
monitor a severely allergic student and, if the student were to begin to experience an allergic reaction,
expeditiously administer an EpiPen and thereby allow the student to avoid the above-described
problems. J.B. Jr. is too young to be responsible to monitor himself and to administer his own EpiPen.
Therefore, a nurse, aide or other trained adult is required for those purposes." ManalapanEnglishtown Regional Board of Education, 107 LRP 27925 (SEA NJ 2007).