I would be happy to answer any questions personally--here's the short version:

Children with food allergies are protected by section 504 of the Americans with Diasabilities act. There is now PRECEDENT set:

http://www.usdoj.gov/crt/ada/childq%26a.htm
19. Q: What about children who have severe, sometimes life-threatening allergies to bee stings or certain foods? Do we have to take them?

A: Generally, yes. Children cannot be excluded on the sole basis that they have been identified as having severe allergies to bee stings or certain foods. A center needs to be prepared to take appropriate steps in the event of an allergic reaction, such as administering a medicine called "epinephrine" that will be provided in advance by the child's parents or guardians.

The Department of Justice's settlement agreement with La Petite Academy addresses this issue and others (see question 26).


Additionally, any institution, other than religious, must abide by section 504 (especially if they accept federal funds!!!) which provides for reasonable accomodatians and modifications, provided the child is not a danger to himself or others, and/or does not craete an undue financial burden.
My son's acccomodations in school have included a FT para-professional when he was younger, and one for trips and lunch time when he was older.
NO ONE is going to hand this to you. You must advocate for your child-who has a FOOD DISABILTY and should not be singled out, or forced into a non-inclusive setting. Read the 504 act. Much of it refers to things we usually think of as disabilities and special education. But it all applies to anaphylaxis.

http://www.ed.gov/policy/rights/guid/ocr/disability.html
http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html
http://www.ed.gov/about/offices/list/ocr/disabilityresources.html
http://www.geocities.com/athens/oracle/1580/links.html

YMCA was going to refuse to take him for a two week sleepaway because of the liability, distance from the hospital, etc. After 3 weeks of lawyers, insurance companies, and negotiations my son was "allowed" to attend. They were also trying to force me to sign a letter holding them blamesless and harmless...which I refused to sign. And do not hAVE to sign for him to be accepted. The must take responsibility, the law is on my son's side. Accomodations included extra medical staff, kitchen staff and educating everyone necessary. It helps that I work in an inclusion model school and really have a lot of day to day dealings with children who have been excluded unfairly and illegally from participating as their peers do (to the best of their ability).

YAY!

-Darlene



Phil and Cathy Cralle Jones <[log in to unmask]> wrote:
"I just went throughth emost amazing education of the YMCA sleepaway camp for my son re: Anaphylaxis....."

Darlene,

For those of us getting our anaphylactic children back to school and starting other public programs, I'd appreciate your sharing key learnings from your experience.

Cathy
Longview, TX


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