School refuses responsibility for 6yo student with allergy repeated being fed peanuts. CONCLUDED
'Son has a peanut allergy, school continues to give him or allow him to get peanuts.'
schoolpnutbtr2828
This has been an ongoing issue since the second day of school, where he was given peanut butter crackers. We sort of brushed it off as a new school year, new students, teachers a bit frazzled dealing with first graders no real big deal. His allergy isn't really severe but still not fun to deal with and can potentially become life threatening.
We had already informed the school of his allergy before the year started and even talked directly to the teacher about it because the default snack during the day if no other parents brought in a snack in peanut butter crackers. We even offered to purchase a special alternative for him, but they said it was unnecessary as they have other alternatives.
So we figured the issue was over when a few weeks later it happened again. This time they claimed he grabbed another students snack and ran off to eat it before they could stop him.
Now my little one can be a little bit of a hard head and I can potentially see this happening so again we talked to him about peanuts and how dangerous they are to him. He continued to adamantly deny doing that and said Mrs gave them to him.
We then decide a meeting with the principal is in order, not to blame the teacher or accuse her of lying but to hopefully get this under control. Again a few weeks of no more issues, then it happened again.
Once again the story is 'he grabbed it and ran off and ate the whole package before we caught him'. Okay so a 6 year old managed to grab an unopened package of crackers, elude a teacher and an aide and eat the whole package before he's caught? He's crying and swearing to us he was given them, and after so many incidents we have to start believing him.
Another meeting with the principal and teacher gets us a 'Do not worry! This won't happen again'. We have another long sit down with our son to explain that even if it's given to you, ask to make sure it doesn't have peanuts or other nuts in it.
Then, the very next school day (the meeting was on Friday) he's given another snack of peanut butter crackers but this time he asks if there is nuts in it and then he's given the alternative. We figure it kind of sucks that the kid has to be the adult right here but at the end of the day he's learning to ask about nuts.
We send an email to the principal detailing the issue and say that the next stop is the school board if he is given peanuts again. We get a response back 'if he's asking now what's the problem? He should have known to ask to begin with. We are teachers not parents.'
We have no issues for a while until this week. Some parent brought in PB&J sandwiches for snack time and he was given one. He forgot to ask about nuts but thought 'it was only in the crackers'.
We find out the parent was aware of a nut allergy in the class (it's on the parent snack sheet) and brought in just a jelly one that was made separate from the peanut butter one's. He was not given this one. We spent a day at the hospital.
We've had endless talks with him about nuts and do our best to teach him but some of the blame has to be on the teachers here right? Do schools not have an obligation to deal with allergies?
The school lunch seems to have zero issues with this and has never given him a nut when there are several things on the menu rotation that contain them. He gets a special tray that was no where near any nuts. This is in Indiana, any help is appreciated.
Here were the top rated comments from readers after the initial post:
JainotTai
Request that the school work with you to create a Section 504 plan for him. It's basically a disability (in this case allergy) accommodation plan. First graders shouldn't be expected to police their own food intake entirely on their own. If they violate the section 504 plan, take it to the school board.
LibrarianBelle
I would second getting a 504 but I would go to the school board now. A trip to the hospital is too serious for just meetings. They need to realize they are hurting him and you won’t stand for it anymore. Once is an accident, twice is still forgivable, three or more times is stupidity on the teacher’s part.
Both of my son’s schools are nut free (not just peanut) and there are signs that go on the outside of the classroom when they have a child that has a nut allergy to triple warm that no nuts would be served there. Also send an allergy sheet (check Pinterest) that can be kept with the snacks. Because of their unwillingness to take the allergy seriously I’d laminate it so it doesn’t get damaged.
DocPseudopolis
Did you have any costs from the hospital visit? The school might not see the problem with their actions, but their insurance might. Maybe submitting a claim would get their attention?
naranghim
Get a 504 plan. Also the allergy can worsen as the child is exposed to nuts. The school and teacher are ignoring this and need a wake-up call. Go to the superintendent.
crapmykidsfoundme
You need to contact the district heads office and find out who is in charge of 504 planning and request a504 plan for your child ASAP. 504 plans protect child with disabilities-and an allergy would qualify. It starts to become a federal discrimination issue and a huge ass liability for the school. If that doesn’t snap their asses into line look for an attorney that specializes in school law. What a**holes.
4 months later, the OP returned with an update.
'(Update) School kept giving our son peanuts even though hes allergic. Lawyers are expensive...'
schoolpnutbtr2828
The past 3 months have been long and expensive but it's finally resolved. Now I can't go into a lot of the details after but I can go over some of the details that happened during.
We contacted a few attorneys and finally found one we were comfortable with and then the fun started. We first sat down with the principal and teacher with our attorney and he didn't say anything except he needs to talk to someone else and not us. Our attorney then began collecting documents and statements/affidavits from our pediatrician, another doctor and even got another opinion.
Then he began having us get documents from the school, some of which they said we couldn't have but our lawyer assured us we could have them. So he sent the school district some nice letters and a few phone calls later we had everything.
Talking to our insurance and the hospital was the easiest part of this entire thing which I thought would be more complicated and our insurance even offered their attorneys' services to our attorney which turned out to be quite helpful with some of the other issues that came up along the way.
He spent about a month going over everything, talking to doctors, getting more statements and reaching out to other parents etc. During this time our child was moved from his normal classroom and placed in a special needs classroom. Something we did not agree to or with. Our child has no developmental problems and an allergy hardly is a special need.
So our lawyer then starts having us request more documents, same act with the school and he had to send off letters and phone calls to get the new stuff related to him being put into a special needs classroom. The lawyer began sending letters about how the school district is punishing our child with the move to a more restrictive classroom and a different curriculum and magically the next day he's back in a normal classroom.
Finally after 3 months of mostly playing the game with the school district getting them to give us the paperwork and requests they are legally required to, we all finally sit down with the school district's attorney and our attorney.
Now I can't go into a lot of the detail, but I can tell you they settled without us moving onto the next step of having our meetings in a courtroom. Lawyers are expensive, and so are hospital bills. I just hope all of this doesn't make our child a target for the rest of the year. We are going to be moving and changing jobs over the summer hopefully. Thanks for all your help and advice internet friends!
Here were the top rated comments from readers after this update:
n0vasly
I feel like there's so much going wrong here. The parent who made the jelly sandwich wasn't allowed to scpecifically give it to him?
What was the teacher trying to prove here?
Vistemboir
'What was the teacher trying to prove here?'
'In my time children had no allergies! Now they're coddled and become wimps!'
(Of course children had no allergies. Children with allergies ended six-foot under very soon)
Dry_Investment_3017
That's the impression I get. 'Oh peanut allergies aren't a real thing they're just being dramatic'
lostboysgang
I did not even think you are allowed to bring peanut stuff to classrooms anymore.
Tut557
'We find out the parent was aware of a nut allergy in the class (it's on the parent snack sheet) and brought in just a jelly one that was made separate from the peanut butter one's. ' There's something f*cked up here.
Novel_Ad1943
And to put her son into a special Ed class as a response?!?! (I have 2 special needs children and find it appalling they’d do this as “punishment” as it says everything I need to know about their perspective towards special needs.)