School Kicks Boy Out For Peanut Allergy

Reba said:
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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Yeah Well Reba,

I don't know much about kids as obivously I am a guy but I do know enough to know that wasn't right. I am sure the school means well but they could have gone about it in a better way that would make it be a win-win situation.
 
Well...the school states they have a policy that they do not allow kids in the school with these types of allergies to begin with....but when they signed up, the kid wasn't born yet and nobody knew he was allergic. As soon as it was discovered he was allergic, they kicked him out.

They said the school said "We do not accept children with this type of allergy" because it can't "guarantee your child's safety." The Moores said their son had 12 days to get out.
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If the school cannot guarantee the childs safety because of an allergy..and the parents know this, the kid should be there to begin with. I don't find that much fault with the school. Like I said, the parents will sue if they don't let him in. If they do let him in and some little drool factory has peanutbutter on his shoes and this kid gets sick, then the school will also be sued. If you owned a daycare, what would you do?
 
When the Moores signed up for A Brighter Future, the admission policy read "We do not admit children with allergies to peanuts, nuts or soy," but that was six months before Alexander was born, so the family had no way of knowing about the allergy.
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From what Im understanding above is that the family "knew" the policy before they discovered their son was allergy to peanut.

Since the Moores knew about the policy until they discovered their son has allergy...they should've been prepared that the school wouldn't admit children with these type of allergies. The school did "warned" the parents about their policy before the parents enrolled their son there.

From my experienced working for Daycares...I've seen several children with allergy foods...it was no problem for us. We had to watch children to make sure they didnt "grab" other children foods...bez of their allergy.

I agree with you all that it's stupid for these daycares or schools forbidden children with allergy foods. I agree with the Moores family 100%..I understand how they feel and I agree with them...however, like I said, it is partly parents fault since they signed the policy agreement and it is partly Daycare's fault for rejected the child. It is sticky situation but I do hope the parents win their case! ;)
 
I agree with sweetheart, period. End of story! Toddlers don't know what they're allergic to. So adults have to look after them in schools since the parents aren't there for them because parents have to go work and they can't do it at the same time. How can kids get no education if they have the allergy, they have the right to be educated!
 
sequoias said:
... How can kids get no education if they have the allergy, they have the right to be educated!
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School-age kids have a right to free public education.

Pre-school kids do NOT have a "right" to private day care.
 
Reba said:
School-age kids have a right to free public education.

Pre-school kids do NOT have a "right" to private day care.
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Well, what about home schooling resources ? or I am sure maybe the women could get together and start a daycare center dedicated to kids who are allergic to peanut butter allergy and it could be like the only daycare center in the whole city that handles kids with allergic issues and another daycare centers can refer the allergic kid to that specific daycare center. I am sure some women can get together and start a daycare center and then the kids will start to want to learn again and be able to be normal in that learning environment.

I think that would be a good and a realistic win-win situation.
 
WTF thait aint right you cant kick a kid out of day care for being alergic to something! just because thay "cant garente the kids safty " it's becase thay dont want to read packege lables or give a kid an eppi shot >
 
Well, the family may have a legitimate ADA claim, but the daycare center probably has a defense or two, although weak. In Section 306.301(b) of the ADA, under Eligibility Criteria:
Safety. A public accommodation may impose legitimate safety requirements that are necessary for safe operation. Safety requirements must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities.
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The law illustrates that the daycare center should have made an individualized inquiry into the child's peanut allergy instead of having a prophylatic ban on children having specific allergies.

Moreover, Section 36.306 states:
This part does not require a public accommodation to provide its customers, clients, or participants with personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; or services of a personal nature including assistance in eating, toileting, or dressing.
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I'm not sure how that particular snippet of the ADA would be applicable in this daycare scenario. It sounds like the daycare provider would not have to help monitor the child's eating habits in warding off his peanut allergies.

Thankfully, it appears the parents have found another daycare provider. This is the beauty behind capitalism! If a business chooses not to conduct business for a mulitude of reasons, another business would be delighted to step in!
 
ain't smart enough to kick a child who have allergy peanut..

Find Ridcouisly...

School can handle who have allergy.. why put him another classroom who have allergy.. perfect place clean.

As same my child who classemate a child who have allergy.. Rest of all student will not allowed peanut in the school for a year.. until a child gone another school..

My kids were happy and have their peanut back and allowed peanut in the school.. I'm surprised..
Make sure student who have allergic... Respect person who have allergy peanut.. Important respect..

Why this place day care is stooooooooopid!

Hard to find Day care who accept allergic peanut a child.. *shucks*
 
All I can do is carry my Epin shot in case I have a severe allergic reaction. If I am willing to stab myself in the thigh with it, I think I can be outside during the summer. Tis important to be prepared and educated on this... the teachers should be qualified in this part if they have students with severe allergies. The parents need to have an active role in this, too.

It's sad that the preschool isn't willing to be responsible for a child with such allergies. That tells me that they are not willing to take the time to educate themselves in protecting the students. I wouldnt stick my kid in a school like that. Of course, I would burn the ears off those who makes all the decisions at that school.. on how they can improve their school. They can eat my dust. ;)

However, I think the lawsuit is a bit frivolous because there are other preschools that are probably better equipped for children with severe allergies... besides, Taylor said the school had the fine print for that. It wasn't something that could be helped - the kid was okay until something new like a severe allergy was discovered. Somebody made the call, and this poor kid was kicked out. How was this handled on both sides?

Perhaps the ligitiation ruling will set the bar for this.. *waits in suspense and with benefit of doubt*
 
GalaxyAngel said:
As same my child who classemate a child who have allergy.. Rest of all student will not allowed peanut in the school for a year.. until a child gone another school..

My kids were happy and have their peanut back and allowed peanut in the school.. I'm surprised..
Make sure student who have allergic... Respect person who have allergy peanut.. Important respect..
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This goes to the point I was making about my own case, when I was little. Some of the parents that brought treats in for the whole class did not respect the fact that I was allergic to red dye, even though I believe the teacher told them. That meant I had to watch everybody eating around me and I couldn't have any. When you're 5, 6, and 7 years old, that's really upsetting. I was already treated as the "weird" kid because of my grades. That was just one more thing on top of it.
 
Reba said:
School-age kids have a right to free public education.

Pre-school kids do NOT have a "right" to private day care.
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was waiting for someone to mention this, thanks! :)

I agree as daycare is not mandatory as well as its private and I agree with some of the posts that the daycare can regulate what happens for their own protection and the kid's safety as anything can happen and they can get sued.

Think about this: IF this daycare admitted some kid with severe emotional/mental problem fully knowing their disablity and have to admit the kid under ADA. The kid one morning sneaks in a sharp kitchen knife and plays with other kids playing cops and robbers. How is this different from a kid with peanut allergy as others can bring in a PBJ sandwich and the allergic kid somehow get in contact with the peanut product and dies...kids always will be kids no matter how careful we watch them. The daycare wants to ensure that those things does not happen?
 
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