In a message dated 9/9/98 11:37:54 AM Eastern Daylight Time,
[log in to unmask] writes:

<< I was never really clear on the Mass. statutes about emergency treatment in
 the schools. We have been told that our teachers and other school staff
 members are forbidden from dispensing medications and have been told that
 it is state law. We have not investigated further, prefering to pursue
 local solutions and not to "take on the system."  >>


I am not familiar with Mass law per se, but in any event,  a federal law is
more stringent then it applies.  In the case of dispensing meds for children
who meet the definition of disability as defined by the federal laws, the
federal laws mandate that schools receiving federal funds provide reasonable
accommodations and health services.  Case law goes so far as to mandate
staffing in schools for things like intermittent urinary catheterizations--so
dispensing of medications is definitely something that is not unreasonable.
The laws do not provide for one-on-one nursing services, but that is not what
we are asking for with our allergy kids.  In any event, if federal law
mandates these kinds of accommodations, state law cannot preclude it.

The Food Allergy Network publishes a couple of booklets on Food Allergies and
Schools:  What the Laws say.  I would suggest anyone struggling with these
issues with their children buy these booklets, as they are very informative
and a good starting point to understanding what your child's rights are and
what kinds of things you can do as an advocate for your child.  Developing an
Interdisciplinary Health Plan with school and parental involvement is an
important first step for any child entering school.

I was fortunate in that the school my son attends is also the school for a
number of children with multiple handicaps,  so, there was school nurse
staffing on a daily basis.  Last year, my son went into anaphylaxis on the
school yard a week after school started, and the RN on staff saved his life by
making the assessment and administering an Epi-pen.  The Interdisciplinary
Health Plan (with emergency procedures listed) was fully utilized and was
instrumental in assuring that staff were aware, trained and responsive when
the need arose.

Lynda