[ladyofnorth]

WHAT THE HECK IS WRONG WITH YOU PARENTS??????
This little 6yr old has allergies a medical problem. All the school is asking for the students is to wash their hands leave the lunch boxes out in a area away from this child. YOU FOOLS
You picketing to get this child out of school . She/He is intitled to a education. Your saying your child`s right are being violated. Don`t kids wash their hands anymore???? What are you teaching your children????
What if that was your child grandchild,??? Don`t tell me you would not send him/her to school . You would be homeschooling . BULLSHI*.
MAN I CAN NOT EVEN THINK HOW YOU PARENTS CAN GO AFTER A HELPLESS 6 YR.OLD BECASUE OF HEALTH PROBLEMS. When my children was in school and there was several children who had peanut allergies.
We parents would work with the parent of this child. to make sure he/she safe and in the meantime teach our children that other people have different health problems and not to DISCRIMINATE (WHICH YOU PARENTS ARE DOING) because os disability one has. think how you are making the family of this child feel SHAME ON YOU Don`t you think they have enough to worry about ith their child? Someone down in FL> needs to stand up for this family.
MAN It is a DOG EAT DOG WORLD> BUT, shame on you so called adults. Maybe what you wantis 15 min. of fame. HOLLYWOOD will make a movie and you get rich . RIGHT.
AND I bet your children would not even think twice about washing their hands and placing their lunch boxes in a special area to help another classmate.

to the family who has this child. DONT BACK DOWN SHE/HE DID NOTHING WRONG NOR YOU GOOD LUCK

[Errin1]

wow...Is this is the same area that wants to ban kids playing outside in common areas? (HOA is going after the kids) Another reason why I am afraid of HOAs.

[ChrisA70]

Ok when i was a kid no one gave a crap who had what allergies to what... Now it has become a huge deal...... The kid can sit at a different table.... This world sucks... You can't just live.

[Kevin from Tampa]

I'll play devil's advocate here...

The school was requiring every student in the school to do the following...

1-Not bring ANYTHING with peanuts in it to school....peanut butter, peanuts, reese's cups, reese's pieces, peanut butter cookies, butterfinger candy bars
2-Wash their hands three times a day
3-Rinse their mouths out with an oral disinfectant three times a day
4-Wipe their hands, personal items, and desks down upon arrival to school with disinfectant wipes
5-A dog that sniffs for peanuts is brought in once a week to sniff out peanut particles

I'm not saying that I love that parents are protesting, but most of the protests are actually to just loosen these rules up a little. Many of the parents are saying it takes time out of the school day.

This is a tough one for me....how far does society go to accomodate ONE person?

[daytonadewd]

Edgewater is in the Orlando broadcast market (and southern Volusia County).

If you can stand to turn on the TV, every other ad is for some attorney offering you their services to sue!

These law firms are filing against city, county governments, schools, hospitals -- as now tax supported enterprises are considered "deep pockets" (at your expense). Now these institutions have "risk management" and lawyers of their own.

10 years ago airlines stopped serving peanuts for a while because of lawsuits. Now they serve them and tell you to not eat them if they might kill you (um, good advice)!

If society is supposed to be based on "the greater good," how can they support such insanity, funding and disruption? What would the cost of an individual airline ticket be if they had to provide "plastic bubbles" for people to not be exposed to allergic materials on the aircraft? (Or nobody else could breathe around them?)

Certainly the child with the special needs could be safely tutored at home (and have their needs met) with less disruption or expense to little people who don't understand the grownup (risk management) madness and just want to learn and play!

If the OP disagrees, maybe they could make a difference by writing an endowment check and probably everyone (except the kids and lawyers) will be happy!

[annerk]

Let me start by saying I have life threatening allergies and carry an Epi-Pen everywhere that I go.

There are two legal forces at play here, the ADA and Federal Education law, more specifically the Individuals with Disabilities Education Act (IDEA).

The ADA requires "reasonable accommodation" to all people with a disability. The ADA defines a covered disability as "a physical or mental impairment that substantially limits a major life activity." The ADA does not require full accommodation regardless of cost or inconvenience to others. That's a key point. Another point is the case law that exists. Specifically Land v. Baptist Medical Center where the court found that "allergic reaction to peanut-laden foods affects her eating and breathing, her allergy does not substantially or materially limit these major life activities within the definition of disability under the ADA."

IDEA is very specific in stating that all children are entitled to a free public education regardless of handicap or disability. However, IDEA is specific to learning disabilities or disabilities that affect learning such as vision or hearing impairment, mental retardation, autism, or other neurological impairments. It does not recognize food allergies as a barrier to learning. Therefore it can be easily argued that IDEA doesn't apply in this case.

Bottom line, the child's parents can not fall back on ADA or IDEA in pursuing their demands.

The parents of this child are demanding far more than a simple hand washing and leaving lunch boxes in the hall. What they are asking for is unreasonable accommodation. It also creates an illusion of safety. The day after the dog sniffs the school, a child could walk in with peanut shells imbedded in the soles of his or her shoes, and track peanut parts all over the school.

The demands are unreasonable and an undue burden not only on the school, but on every other child that attends that school.

That said, in my opinion there needs to be reasonable accommodation made for children with severe peanut allergies, but that accommodation would be for classmates to leave lunch boxes in a place away from the peanut allergic child (but in a place where they can't be tampered with--not just "in a hallway") and to wash hands upon entering the building and after lunch. The allergic child can eat lunch in that allegedly peanut free classroom. It provides accommodation while causing the least disruption. I guarantee that if this goes to court, a judge will agree with me, based on existing case law.

And OP--you'll get a lot more empathy if you get off the drama llama and get your facts straight to begin with.

[ChrisA70]

My ex girlfriend way back 22 years ago was deathly allergic to peanuts, yeah, if she ate them she stopped breathing, and guess what her parents did??? THEY TOLD HER NOT TO EAT THEM, AND UNBELIEVABLY...... SHE DIDN'T!!!!! What a concept.....

[ferret111]

I can understand the parents' concern, but their requirements are pretty overboard. Way back in elementary school, if there was ever a kid with peanut allergies, they designated a peanut-free table in the cafeteria. That's it. No banning other people from having peanuts or forcing kids to rinse their mouths. I don't remember it ever being a problem in high school.

I don't know. I don't have peanut allergies, nor does anyone I know, so maybe my impression of the issue is totally wrong.

[iuki001]

Originally Posted by annerk

Let me start by saying I have life threatening allergies and carry an Epi-Pen everywhere that I go.

There are two legal forces at play here, the ADA and Federal Education law, more specifically the Individuals with Disabilities Education Act (IDEA).

The ADA requires "reasonable accommodation" to all people with a disability. The ADA defines a covered disability as "a physical or mental impairment that substantially limits a major life activity." The ADA does not require full accommodation regardless of cost or inconvenience to others. That's a key point. Another point is the case law that exists. Specifically Land v. Baptist Medical Center where the court found that "allergic reaction to peanut-laden foods affects her eating and breathing, her allergy does not substantially or materially limit these major life activities within the definition of disability under the ADA."

IDEA is very specific in stating that all children are entitled to a free public education regardless of handicap or disability. However, IDEA is specific to learning disabilities or disabilities that affect learning such as vision or hearing impairment, mental retardation, autism, or other neurological impairments. It does not recognize food allergies as a barrier to learning. Therefore it can be easily argued that IDEA doesn't apply in this case.

Bottom line, the child's parents can not fall back on ADA or IDEA in pursuing their demands.

The parents of this child are demanding far more than a simple hand washing and leaving lunch boxes in the hall. What they are asking for is unreasonable accommodation. It also creates an illusion of safety. The day after the dog sniffs the school, a child could walk in with peanut shells imbedded in the soles of his or her shoes, and track peanut parts all over the school.

The demands are unreasonable and an undue burden not only on the school, but on every other child that attends that school.

That said, in my opinion there needs to be reasonable accommodation made for children with severe peanut allergies, but that accommodation would be for classmates to leave lunch boxes in a place away from the peanut allergic child (but in a place where they can't be tampered with--not just "in a hallway") and to wash hands upon entering the building and after lunch. The allergic child can eat lunch in that allegedly peanut free classroom. It provides accommodation while causing the least disruption. I guarantee that if this goes to court, a judge will agree with me, based on existing case law.

And OP--you'll get a lot more empathy if you get off the drama llama and get your facts straight to begin with.

I agree with your comments. I have a niece who has been to the ER on many occasions due to a severe peanut allergy. I also worked with a woman whose adult daughter almost died several times - on one occasion she had a reaction when she touched a bar on the bus. If I had a daughter with such a severe allergy, I would pursue private tutoring or home-schooling. There is no way that the little girl would be protected even with the extreme conditions the parents have asked of the school. I'm sure the parents do not keep her at home all the time. What do they do when they take her for appointments and/or shopping. What the school is doing is "BEYOND" reasonable accommadations for a disability.

[hiknapster]

Aye-yi-yi. Who is the OP yelling at? The parents at that school? Me? Us?

Maybe it's me but the post seems really bizarre. I guess she expects all the protesting parents to be reading City-Data? I would think a more appropriate place to put her diatribe would be in the local newspaper. On the other hand, since she seems to have messed up so many of the facts I guess there is no reason for her to further pursue this.

I really think it's unfortunate that people get some half-truth - usually just a bare fraction of the truth - and run around reacting and spreading more misinformation. No wonder there is so much ignorance out there and a major market for entertainment hucksters to become rich off reactionaries. We've become a nation of uneducated, paranoid, conspiracy theorists.

Thanks annerk for once again, calmly and rationally explaining your condition. People like you are invaluable in this world.