37 answers

Peanut Allergy and Public School

hi i am a mom of a SEVERELY ALLERGIC TO PEANUT kiddo who is about to start kindergarten in a new school. I am wondering what my rights are as far as his safety at school regarding the allergy. i.e. is it his right to be in a peanut free room? or to make both kindergarten classes peanut free (there are only 2) since both kindergarten classes will be eating in the cafeteria together and then recess together afterwards? if one kid has eaten a pb&j sandwich and then they go out for recess afterwards and he touches my kid, its over. my child will be out within minutes. i am waiting for a call back from the school regarding this matter but so far it seems as tho they are not taking it serioius enough. i asked that the epi injector be kept in the classroom or better yet on the teacher at all times, and was told no they will keep it in the nurses office. my son has cognitive delays as well and social delays so homeschooling is not an option, he would regress substantially. believe me, if i could i would. please any helpful moms with any experience! and for those of you with your negative comments about what a hassle a peanut kid is in your school, please just dont comment at all.

What can I do next?

Featured Answers

Delays or no delays, my kid would be staying home. If you read and study enough, you'll be able to help him. It just sounds like a recipe for disaster. I haven't been through this. When I had a little girl in the daycare with the epi pen I wanted it with me at all times. The parents forgot it a few times and that was frustrating and scary.

6 moms found this helpful

If my child had an allergy of that severity it would be extremely hard for me to send him/her to traditional school, no matter what the school promised me. There is no way they can monitor what every child has in his bag, lunch box, or even eating in the car on the way to school. That's just me.

Would it help to talk with the principal and then go all the way to the school board if necessary? I might consider hiring a lawyer or school advocate to help me navigate the administration.

So sorry you're going through this . . .

2 moms found this helpful

My friend's son is severely allergic too. In Elementary school he had to wear the epi pen in a fanny pack just in case. My friend also gave a presentation to the teachers explaining the allergy etc.

1 mom found this helpful

More Answers

Delays or no delays, my kid would be staying home. If you read and study enough, you'll be able to help him. It just sounds like a recipe for disaster. I haven't been through this. When I had a little girl in the daycare with the epi pen I wanted it with me at all times. The parents forgot it a few times and that was frustrating and scary.

6 moms found this helpful

if he has a severe allergy - home school him. I realize he has delays - however, you can get home tutors for that as well...I believe the state would pay for it as well if his allergies are that bad.

As to your rights? I don't know. Each school district is different.

Our school has a "peanut free" table - but really - if it's that severe - keep him home...at one point our school tried to require that no child could bring PB&Js with them to school - there was TOTAL outrage from parents whose kids don't have allergies....not fair to those kids who love PB&Js for lunch...so the compromise was the "peanut free" table...

5 moms found this helpful

I homeschool my eldest (six), but my youngest (15 months) has celiac disease and I kind've have the same reservation you do...therefor, I am very happy I'll be homeschooling. When it's a matter of life and death (as it may be for your child) I think you might need to look at other options...

I hear you that homeschooling may not be an option...but maybe you aren't really considering all your options with it. Does your state have the K12 program? Check into it. It's an online school, and you do it from home, and they'll work with you for special curriculum needs. Also, they usually host a TON of social events/outings, plus there are other ways to be social...Sunday School, playgrounds, sports, etc.

I don't have a solution, otherwise...I'd be terrified to send my child to school in your situation. Sorry I don't have any advice on that option!

5 moms found this helpful

According to Section 504, which is a federal civil rights law, the public schools have to provide an allergen free learning environment for your child because anaphylaxis limits the "life function" of breathing. You need to request a Section 504 plan. Before we requested a 504 plan at our school, they didn't have an allergy policy, and they were giving me the run around about developing one. Right after we requested a 504 evaluation, they suddenly rushed to develop one. Section 504 is much, much better than an IHP--it's backed by a federal civil rights law, and they don't want to be found to be discriminating. Plus, if they're not in compliance with section 504, they risk losing their federal funding.

They do have to make accommodations, and not just "reasonable" accommodations, either. It's whatever your child needs to have equal access to educational services. They can keep the epi pen in the classroom, they can keep the classroom peanut free (but not the cafeteria), they can keep unsafe birthday treats out of the classroom....

The whole point of Section 504 is to provide a FAPE in the LRE--that is, a free and accessible public education in the least restrictive environment.

Feel free to email me and I can walk you through the whole process. There are a lot of details, and I'd be happy to share.

4 moms found this helpful

Stop calling the school - GO to the school. Go to the district office. A lot of schools have a 'peanut policy'. His allergy should be stated on his registration papers. Get a letter from your doctor as well.
Too many people underestimate this type of allergy, which is so selfish in my opinion. If your child will only eat PB&J, ya need to introduce more foods - I'd much rather my daughter (who will eat anything - no allergies but don't let a bug bite get her - ugh.) come home with a rumbling belly than risk an allergic reaction to a schoolmate! I'm not saying quarantine the entire school, but maybe he can have an eariler/later lunch. But the thought of other kids and parents that don't get it...good luck!!

4 moms found this helpful

Maybe schools should start having separate classrooms for allergy kids. Oh sure, it's no big deal to skip the PB&J, but what are we going to do when the kids with other allergies demand we stop sending those things too?

3 moms found this helpful

Your child's allergy is covered under the disability act. If they will not protect him in some way, they are breaking the law. They HAVE to do something to protect him, they don't even have the choice not to. Talk with the principle. He should definitely be allowed to carry his epipen. In my opinion, it's no different then children who carry their insulin in packs around their waist. Again, they LEGALLY HAVE to work with you.

3 moms found this helpful

I would not waste my time with the teacher or the school administrators. You have already voiced your concerns and they have poo-pooed you. I would go straight to the Superintendent of Schools and the school board. I would also contact your local school nurse and the local health department. Hopefully someone from the health department or the school nurse can get through their thick skulls that an epi pen is as necessary for your son as a pencil in the classroom. I have heard that because of of the zero tolerance for drugs kids with severe asthma can not keep their inhaler in the classroom either. And girls can not keep Midol in their purses. This policy is so stupid. Fight for your child if you don't neither will anyone else.

3 moms found this helpful

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