School Kicks Boy Out For Peanut Allergy

OMG! They should file lawsuit! I would! If I take care of kids that is allergic, she/he is still welcome! I will aware of her/his allergy and won't give it to her/him. geez whiz! My friend is allergic to nuts..am not sure if she still do.
 
that is not nice!!!!!! of daycare teacher for kick the little boy out for being allgery peanut butter geez!!!!!!!. should sue them!


daycare teacher :rl: ME DeafMonkey
 
That doesn't make any sense.

Schools do not fail to admit Muslim or Jewish or Hindu students who have dietary restrictions for religious reasons, or children with diabetes--why should they deny children who have allergies?

I bring up both religion and the ADA statute because the two laws are VERY similar to each other in the way they are written, and the requirement for reasonable accomodation. Getting something besides peanut butter for the kid's sandwich is pretty damn reasonable, if you ask me!

When I was that age, I had an allergy to red food dye. I certainly wasn't tossed out of school for it--the only thing that was upsetting to me was when parents would bring treats to class for their child's birthday and I wouldn't be able to eat any because the teacher didn't think to tell the parents. That always hurt.
 
I always feel like the bad guy when it comes to stuff like this

First:

According to the civil rights division of the U.S. Department of Justice, children cannot be excluded on the sole basis of having severe allergies to bee stings or certain foods -- like peanut butter.
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It says they cannot be excluded and everyone is talking about a lawsuit, but no matter what this daycare center does, they would be facing a lawsuit.

The simple one is if they kick the kid out, they face a lawsuit from the parents

So, the solution is to let the kid stay, right? Well here is where it gets more complicated.
Because he has an allergy, it means that the daycare provider now has the responsibility if eliminating all sources of peanuts and anything that can cause a reaction. This isn't as easy as taking the peanut butter off the shelf. How many of you parents send your kids to school with a peanut butter and jelly sandwich? This means that the school now has to ban peanut butter and jelly from ALL students because the kid could become exposed. Imagine the headline 'School Bans American Staple Peanut Butter and Jelly Sandwhiches'. They would be the laughing stock for banning them...and then would also face lawsuits from parents who could only afford to send their kid to school with PBJ (face it...its one of the cheapest forms of lunch and many people cannot afford to send their kids to school with more than that). So now they are holding everyone down.

This also means that the school would have to ban anything that could have been near peanut oil. Those of you that are allergic know what I'm referring to...was that Twinkie cooked in peanut oil? How about those candy bars or other snacks. Those snack crackers...could they have been manufactured in the same plant that had another food processed with peanuts?

If the kid stays in the school, it becomes the burden of the school to make sure that this kid is not exposed to anything....will they inspect all lunches that come through the front door...throwing out the PBJ's and Twinkies? What if a kid sneaks crackers with peanut butter on them into the classroom and eats them behind the teachers back and this kid has an allergic reaction.


I think its stupid for them to kick this kid out, but in today's litigious society where everyone is sue happy, the school faces very little choice...they will get laughed at and sued either way they go. Or, would ALL parents be willing to sign a waver that limits the liability of the school...such as not having to inspect a cupcake before it comes through the door? And even having a signed waiver doesn't mean you won't be sued.
 
Taylor said:
I always feel like the bad guy when it comes to stuff like this

First:



It says they cannot be excluded and everyone is talking about a lawsuit, but no matter what this daycare center does, they would be facing a lawsuit.

The simple one is if they kick the kid out, they face a lawsuit from the parents

So, the solution is to let the kid stay, right? Well here is where it gets more complicated.
Because he has an allergy, it means that the daycare provider now has the responsibility if eliminating all sources of peanuts and anything that can cause a reaction. This isn't as easy as taking the peanut butter off the shelf. How many of you parents send your kids to school with a peanut butter and jelly sandwich? This means that the school now has to ban peanut butter and jelly from ALL students because the kid could become exposed. Imagine the headline 'School Bans American Staple Peanut Butter and Jelly Sandwhiches'. They would be the laughing stock for banning them...and then would also face lawsuits from parents who could only afford to send their kid to school with PBJ (face it...its one of the cheapest forms of lunch and many people cannot afford to send their kids to school with more than that). So now they are holding everyone down.

This also means that the school would have to ban anything that could have been near peanut oil. Those of you that are allergic know what I'm referring to...was that Twinkie cooked in peanut oil? How about those candy bars or other snacks. Those snack crackers...could they have been manufactured in the same plant that had another food processed with peanuts?

If the kid stays in the school, it becomes the burden of the school to make sure that this kid is not exposed to anything....will they inspect all lunches that come through the front door...throwing out the PBJ's and Twinkies? What if a kid sneaks crackers with peanut butter on them into the classroom and eats them behind the teachers back and this kid has an allergic reaction.


I think its stupid for them to kick this kid out, but in today's litigious society where everyone is sue happy, the school faces very little choice...they will get laughed at and sued either way they go. Or, would ALL parents be willing to sign a waver that limits the liability of the school...such as not having to inspect a cupcake before it comes through the door? And even having a signed waiver doesn't mean you won't be sued.
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You're right on the money on this one! Coincidently, my sister is faced with a similiar situation. My niece, age 4, is in Pre-K. She has a metabolic condition called PKU. Her condition warrants that she be on a LOW protein diet. She eats mostly a vegetarian diet. Sounds simple, right? It's NOT! It's not as simple eliminating meat and dairy. We also have to watch any foods that might contain protein. This means pasta, bread, and so on. They make low protein varieties, but guess what? That costs money.

Due to the money factor, the school is kicking up a fuss saying they can't provide my niece with her "special food" for next year. My sister is gearing up for a fight saying they don't have to provide her with her meals . I don't understand the dispute that well, but it sounds like my niece could be kicked out of her program, if my sister doesn't win this. My sister says SHE will provide my niece with what she needs. So, stayed tuned...

Anyway, i don't how schools can do this. I really don't. It seems simple to me. My neice is entitled to an education despite her disability. So, what's the problem??????
 
From a strictly legal point I agree with Taylor. Remember the recent story of a girl who died when her bf kissed her after eating a pb sandwhich. Some people's allergies are really that sensative. My ex has an aunt who can't be in the room if someone cuts lemons. As a parent I think they need to find another solution, but I have no idea what it is. My son had a teacher in grade school that banned all perfume ect in her room due to her allergies. Do we kick out everyone with allergies? What if there are several kids with different allergies in the same school? Kick them all out? Make several different accomadations? Interesting dilema.
 
Oceanbreeze said:
Anyway, i don't how schools can do this. I really don't. It seems simple to me. My neice is entitled to an education despite her disability. So, what's the problem??????
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I don’t understand either. I read recently that K-12 education for a child with autism costs $4 million dollars more than K-12 education for a neurotypical child. And autism is far, far more common than PKU. And PKU children can usually ease up on the dietary restriction in their early teens when their body becomes strong enough to withstand the high blood levels of phenylalanine that PKU causes. So what’s the fuss over a few bucks for food? Especially when it’s been made clear to the school that the parents are willing to shoulder the cost of the special food. It’s the school’s responsibility to make sure that the child in question does not accidentally eat the offending substance.
 
Levonian said:
And PKU children can usually ease up on the dietary restriction in their early teens when their body becomes strong enough to withstand the high blood levels of phenylalanine that PKU causes.
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Oops. I just did a little Googlin’ on PKU diets. I found out that discontinuation of the diet in early puberty is no longer recommended. A lot of my knowledge of nutritional biochemistry dates back to college courses I took in the 1980’s. I keep forgetting that 20 years has elapsed, and that I have to careful about what I say.
 
Whoa! Thats so stupid of them kick that kid out of there because of peanut allergy! Im allergic to Milk a little but when I born, I was very very allergic to Milk so I can die from that. But now, Im fine... People cant help it if they have bad allergic to ANY. :roll: Thats so stupid of them, they could lose their business for sure
 
I think it makes sense to not let a kid with a deadly peanut allergy get in pre-school because peanut is a COMMON food and it can easily spread. Once the child understands his allergy and takes care of himself, then he can go to school. He's too young to understand and I don't think the school should allow him to risk his life. His parents were apparently not thinking about that risk. I don't want the school to ban peanuts just because one child is allergic to it. Peanuts are very nutritious.
 
netrox said:
I think it makes sense to not let a kid with a deadly peanut allergy get in pre-school because peanut is a COMMON food and it can easily spread. Once the child understands his allergy and takes care of himself, then he can go to school. He's too young to understand and I don't think the school should allow him to risk his life. His parents were apparently not thinking about that risk. I don't want the school to ban peanuts just because one child is allergic to it. Peanuts are very nutritious.
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Nope. Pre-school and Elementary is "repsonible" for kids because they have to watching if they eat right, etc like that. Parents tell them what they are allergic SAME LIKE any kind of medicine that people allergic to also. Thats not even right for them to kicking that kid out because of just peanut that he is allergic to. Its very wrong of them doing that, they would lose the business for that crap. Im allergic to Milk a little right now but before when I was born and grew up, I was very allergic to Milk that I could get die from that, they knew that and they watched me to making sure that Im not drinking any of milk or eat any of dairy group. Until I entered in Middle School, I had to watch on myself and in High School, also.

Also, they have to watch them if they grab wrong one if they have any kind of stuffs that they are allergic to in them because some of them have peanut butter cracker or whateve rlike that, if they grab it so they can say no nono and put it away then give them right one. Its safe for them because they dont know which have peanut or dont have it, they are ONLY KIDS until they enter in Middle School, they will know MORE.
 
Levonian said:
Oops. I just did a little Googlin’ on PKU diets. I found out that discontinuation of the diet in early puberty is no longer recommended. A lot of my knowledge of nutritional biochemistry dates back to college courses I took in the 1980’s. I keep forgetting that 20 years has elapsed, and that I have to careful about what I say.
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:lol: True. We're planning on the long haul with her. We're thinking she'll be on the diet for all of her life.
 
zookeeper4321 said:
From a strictly legal point I agree with Taylor. Remember the recent story of a girl who died when her bf kissed her after eating a pb sandwhich. Some people's allergies are really that sensative. My ex has an aunt who can't be in the room if someone cuts lemons. As a parent I think they need to find another solution, but I have no idea what it is. My son had a teacher in grade school that banned all perfume ect in her room due to her allergies. Do we kick out everyone with allergies? What if there are several kids with different allergies in the same school? Kick them all out? Make several different accomadations? Interesting dilema.
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Except she DIDN'T die from the "peanut kiss". We never found out the cause of death there.
 
I'm not defending the pre-school but I do understand their fear of liability.

If the child with the peanut allergy dies while in the care of the school, can you imagine the outcry and lawsuit? How awful you would feel if a child died at your day care?
 
Nope. Pre-school and Elementary is "repsonible" for kids because they have to watching if they eat right, etc like that. Parents tell them what they are allergic SAME LIKE any kind of medicine that people allergic to also. Thats not even right for them to kicking that kid out because of just peanut that he is allergic to.
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They often try to do that but peanut allergy is A SERIOUS and potentially deadly allergy. Every year, a hundred kids die from it.

Many kids eat peanuts and they may smear them on objects or on allergic person killing the kid.

The best way I can think of is to make the parents LIABLE for the death of a child if it happens, not the daycare. The PARENTS KNOWINGLY puts their child into a potential danger area.
 
netrox said:
Many kids eat peanuts and they may smear them on objects or on allergic person killing the kid. ..
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True. Kids might come to the daycare with left-over peanut butter smears on their clothing, under their fingernails, or on their backpack.
 
Schools are supposed to be a place of learning and to be concerned about the safety health of children and not to hold up a child's health in the kid's face and make the child lose desire to learn in school.

It is bad enough kids will be kids with the schoolyard bullying and things like that but to have the teacher actively harrassing the child about his or her health in the kid's face is not fair at all.

I say to the school WTF !!!! :fart:
 
Heath said:
Schools are supposed to be a place of learning and to be concerned about the safety health of children and not to hold up a child's health in the kid's face and make the child lose desire to learn in school.

It is bad enough kids will be kids with the schoolyard bullying and things like that but to have the teacher actively harrassing the child about his or her health in the kid's face is not fair at all.
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I didn't read anything in the story about "the teacher actively harrassing the child about his or her health in the kid's face".

The boy is only one year old, and is in a pre-school day care. He is the age where he and the other toddlers don't understand the danger of his allergy. Kids that age "wear" their food, throw up without warning, share food and toys, drool on each other, etc. It is very easy to accidentally contaminate someone with what another kid eats.
 
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