Foods with allergens in classroom for class parties and events

[allergymom_ca]

Hello,
My daughter (who is in elementary school) has a life threatening food allergy to eggs and dairy. With the Halloween party coming up, the other room moms insisted on having an open candy bar in the classroom as well as custom-made sodas with syrups containing dairy/nut traces (the classroom is nut free). I proposed regular sodas if we absolutely had to have sodas, but they refused to accept these allergen-free alternatives.

It’s hard to believe that someone would keep insisting, after knowing that those foods could potentially harm or kill a child, but that’s unfortunately the reality in our district. I had to meet the principal, vice-principal, teacher and school nurse to request a modification to the 504 plan, that we have in place. I requested adding a clause that would keep foods with these allergens outside the classrooms (students at the school don’t eat lunch in the classroom and therefore, this is mainly only for events/class parties). However, I was told by the principal, that we could not have such a clause in the 504, as th6at could make the school liable if other students sneaked in food, or if a diabetic student needed to carry any sugar boosting food containing these allergens (I don’t know if there are any diabetic students in the classroom or if their medication contains dairy/eggs). The nurse also mentioned that there are kids who carry an epipen in a fanny pack, and we should consider doing this. This seems totally unfair to me, because in my opinion, my child shouldn’t be forced to carry an epipen fanny-pack just because foods with these allergens can’t be prohibited in the classroom for events or parties.

We worked out food for the Halloween party after a lot of discussion, but the other room moms have fought back asking for guidelines for future events and made their displeasure clear that they didn’t like not having options! They apparently have gotten the teacher on their side and during our meeting, she brought up their view point multiple times. I know I will need to fight the same battle over and over for the upcoming parties and also, because these same moms have been known to sneak in foods containing allergens to events where there is no food allowed.
I have repeatedly offered that I am willing to buy all snacks myself, after accounting for all class allergies, but that hasn’t helped.

I need help in understanding what can be legally put in the 504 plan as regards food in the classroom. We live in in the state of California. Can I put in a clause that says “All classroom parties and events should be planned such that any food for these parties or events will be free of these allergens and approved by me? If any food is found in the classroom that violates this, and which is not for a life-saving purpose for another child, it should be returned unopened to the student or parent who provided it and not used in the classroom”. The school has proposed adding something like this instead: “I will be made aware of ingredients for food for class parties”, which doesn’t help me, because I don’t want to just know the ingredients but rather not have food with these allergens.

Thank you very much for your help!

[devnull]

Epinephrine is not a mitigating measure, and even if it were, mitigating measures can't be considered in reducing modifications.

in 'Main' section use the search function to find the FDA warning letter to Dey/Mylan the manufacturer of EpiPen brand auto-injector explicitly stating EpiPen misbranded medication as a mitigating device. Pair that with language on ed.gov's verbiage that even where mitigating measures exist they are not factored. Together they'll spell it out.

Find Liebau on Wrightslaw Allergy & Anaphylaxis page. Ask school in writing how they will safely include their student in the school sponsored activity on school ground with school personnel. All adults making up the team knowledgable about the student need to come together to get it figured out for safe participation equal to peers.

Look at Gebser notice. It's a template to notice a school. Gebser means crap just got real so make sure you're at that point. Wrightslaw should have templates or other special ed sites.

In writing sent to principal with 504 coordinator copied on.

There's no guarantee they'll do what you want but have that new OCR DCL reminder prohibiting disability harassment on hand. A newer OCR settlement may be handy, too. It's in this forum with the school's name redacted.

As for accommodation the simpler, stronger form would be any planned use of food in the curriculum parent needs minimum 2 school or business day notice from staff to make necessary and appropriate modifications safely including the student in activity equal to peers. The collaborative process will be with 504 team members.

Remind school nearly all modifications will be low to no cost and will not fundamentally alter the activity. It needs to be resolved.

[Macabre]

In addition to what DN said above you should know this: we have a name for moms like the ones you are dealing with, and that name is

Cupcake Queen

CQ for short.

We have certain tools for dealing with CQs:  an oar   and a magical bonking wand

However, in reality we do not use them ourselves, because it really is best not to be the go between but to let the school enforce things. One reason is FERPA. The school shouldn't require your child's medical condition to be disclosed. Also, it's tyoically a losing situation when you are out in a position to negotiate your child's accommodatioms with other parents. it's none of their business and they do not have the understanding of disabikuty law and your child's rights. Nor do they care, as has been sadly shown to you.

There are some things that help that process, including establishing clear guidelines at the beginning of the year. Then the school needs to enforce it.

My son's 504 called for food free rooms in ES and MS. Not that teachers didn't try. Grrrr. In ES, parties were in the cafeteria. In MS when food was used in science, his 504 said it would not contain his allergens. And also that teachers had to give me notice.

The first two years in HS (his school has a huge food culture) his home room--which has snacks every.singlee.Friday (high school!!) was PF. But other classes were not. He had a rxn last year to a kid eating a granola bar across from him, and now there are PF signs for evey class room he has. And it's in his 504.

Now, if a diabetic child also had a 504 and needed for some reason PB, fine. With one child you can out practices in place to keep the room safe. However, with the diabetic children DS has had in his classes, that's not been the case.

About carrying the Epi, DN is right--it's not a mitigating measure. It doesn't change the fact that your child has a life threatening food allergy LTFA.  The new ADAA specifically states that medications aren't a mitigating measure and do not "take away" the disability needing accommodations.

However, once you get through this, you may want to reconsider your child carrying it. My son did starting at fourth grade. I wish he had earlier. The Spibelt is great for it. Basically during a reaction, you don't want people running away from your child to go get meds. Having the meds on the child means direct access. Now, we still kept meds in the classroom and the nurse's office. And in MS several scattered throughout the campus (it was huge).

Frankly, we do not worry about may contains being around our child. We worry about does contain being around him. However, these parties should be inclusive. I'm sorry you are dealing with this court full of cupcake queens.

There are a few steps to take in addition to what you asked about.

At this point, it's important  to start documenting. Do things by writing as much as possible. Note dates and times of phone calls and summarize them in a notebook.

Remove yourself from the position of negotiating with other parents what your child needs.

Good luck with this. This place can be a very helpful resource for you. Glad you found us'

[ajasfolks2]

Here's how I see your school:

they are working to accommodate the unnecessary and dangerous food rather than properly accommodating the child with the life-threatening food allergy and the 504 designation.

The parties could easily be food-free.  If they fall on their almighty sword to keep food parties, then the event must be held outside the classroom -- cafeteria is best -- and STILL the event must be inclusive for the LTFA child.

As to the diabetic child -- your child's allergens could easily be avoided by the diabetic child as to what might be needed for blood sugar and/or insulin #'s.  Easily de-conflicted.

~ ~ ~

The teacher's eating in classroom needs to be covered by the plan as well, especially if you do have residue issues to manage.

~ ~ ~

How is the school personnel planning to clean up after this Halloween fest so that nobody's health is risked by residue (no matter the venue)?  What is the plan there?



The "other moms" need to be dealt with directly and ONLY by the school admin . . . which means the school admin must GET IT and have a spine.  This can be very hard.  Very.hard.  At no point should you be put in the position to NEGOTIATE for your child's safety, welfare, and inclusion with these other parents.

Does your 504 plan have any language that addresses disability based harassment?  This can be NOT just towards your child but towards you, the parents as well -- from staff, other students, or other students' parents.

Just some random thoughts & my .02-worth today . . .

I will try to get back in here in next couple of days to pull some of the links that other posters mentioned.  Sometimes the search function here is challenging. 

GLAD YOU FOUND US!

[lakeswimr]

I would request that food events be held in the cafeteria.  The principal does not want to guarantee a 100% food or allergen-free classroom.  Fine.  Change your requested wording then so that isn't what you are asking them to do.  Say, 'parties and other special events will be held in the cafeteria.'

I would try to find others who are interested in a health and wellness policy who will work with you to approach the school board to get a health and wellness policy in place that bans food at birthday celebrations.  Otherwise, you will deal with this same group of people who seem very, very selfish.  I"m sorry you are dealing with this. BTDT and it isn't any fun.  I"m astounded by people who would treat food allergic children this way since I"m quite certain they would not put up with it if it were THEIR children.

I have BTDT with the cupcake queens winning over the teachers, too.  I don't know how they do it but I think it is political.  Teachers do not want a bunch of parents angry with them.  You are one person.  The cupcake queens are a group so have more power. 

[lakeswimr]

Are you able to be at every party?  I think safety comes first, inclusion second.  Inclusion is very important and these people should put inclusion ahead of their desire to have certain food at a party.  Who exactly is the party for?  It sounds like it is for these cupcake queens (and that is how I think it often goes at many schools.)  Your child is actually in the class so should be included.

However, I would not trust the situation you are describing if you can't be there.  if they are sneaking food into events and sneaking in allergens then your child's safety is at risk if you fight for inclusion and they continue to be at food events because they could either cross contaminate your child's food or could cause your child to be accidentally fed an allergen. 

If you do not have power to get them to change then I would try to focus on safety for now.  I would of course try to get the situation around them to change via 504 changes but if you can't get that I would protect my child from those people.  It stinks.  I'm sorry.

[allergymom_ca]

Thank you VERY MUCH to you all who replied. It was an overwhelming day for me today, because after we had come to an agreement about the foods at the Halloween party (or so I thought), I heard from the teacher that the other parents had decided to switch sodas to a different brand (that I had never heard of) and decided to use other food ingredients as a building activity. And while they have been communicating with me even today about other things regarding the party, no one bothered to inform me about this switch.

I just notified the principal, 504 coordinator at the school and 504 coordinator at the district, via email that our 504 has been violated and am awaiting their response. In the mean time, I am compiling all the information from your posts below - the CDC guideline, FDA warning letter about Epipen, OCR letter prohibiting disability harassment, etc. This looks like a huge support group! I sure am glad I found you all.

A big thank you once again!

***

Epinephrine is not a mitigating measure, and even if it were, mitigating measures can't be considered in reducing modifications.

in 'Main' section use the search function to find the FDA warning letter to Dey/Mylan the manufacturer of EpiPen brand auto-injector explicitly stating EpiPen misbranded medication as a mitigating device. Pair that with language on ed.gov's verbiage that even where mitigating measures exist they are not factored. Together they'll spell it out.

Find Liebau on Wrightslaw Allergy & Anaphylaxis page. Ask school in writing how they will safely include their student in the school sponsored activity on school ground with school personnel. All adults making up the team knowledgable about the student need to come together to get it figured out for safe participation equal to peers.

Look at Gebser notice. It's a template to notice a school. Gebser means crap just got real so make sure you're at that point. Wrightslaw should have templates or other special ed sites.

In writing sent to principal with 504 coordinator copied on.

There's no guarantee they'll do what you want but have that new OCR DCL reminder prohibiting disability harassment on hand. A newer OCR settlement may be handy, too. It's in this forum with the school's name redacted.

As for accommodation the simpler, stronger form would be any planned use of food in the curriculum parent needs minimum 2 school or business day notice from staff to make necessary and appropriate modifications safely including the student in activity equal to peers. The collaborative process will be with 504 team members.

Remind school nearly all modifications will be low to no cost and will not fundamentally alter the activity. It needs to be resolved.

[devnull]

There's some guiding principles to keep in mind as you're reading our experiences.

We're lay advocates and can't give out legal advice.
504/ADA are civil rights laws that address inequity based on disability.
504 teams are made of persons knowledgeable about your child. Lawyers for the school, or we on the internet are not knowledgeable about your child.
504 is to address the unique needs of the student. Unique.
504's backbone is procedural safeguards including notice given to you as a parent to safeguard rights in processes.

I recommend looking at Wrightslaw's Allergy & Anaphylaxis resource.  It has a lot of one-stop shopping for documents indexed on the same page.  The FDA letter is not on there--yet. My prognostication powers suggest that will be rectified soon.

As a parent I am not going to endorse anything not related to what 504 is as civil rights law, or to stray in any way, shape or form from the procedural safeguards, or process towards forging accommodations by the 504 team using a variety of sources including parent participation to address barriers to access in program activities equal to peers.  It's not a shortcoming of mine on safety, it's due to what different functions of law perform as I understand it.  Negligence and custodial duties address student safety.  Health plans for individual emergent or other nursing-side instructions to staff.  504 is prohibits discrimination related specific to disability (as opposed to race, gender).

What inclusion means to you as a parent is up to you within the 504 team of persons knowledgeable about the student with the identified disability.  Where the 504 protections and safeguards are breaking down, as well as FERPA protection for the student's private academic records, whatever the solutions reached by your child's 504 team are they will be based on the rules of engagement for 504.

I don't know what the course is for your child, but the rules of engagement are universal.

Know the rules.  Stick to the rules.
Gather your sources for parent contribution to the variety of sources the 504 team must use (and document)
Document violations to the process as they occur, identify where access to program and activities has occurred and what the barriers are, what 504 team members did or did not do to address the barriers to access, any movement towards meaningful resolution, or continued indifference despite documented notification.
Don't get angry or let emotions drive the process
Learn to write great letters
Ask questions about process, what the affirmative duties are
Other parents are not 504 team members knowledgeable about the child
FERPA protection means it's not open to the public to discuss items on student's record. ed.gov has a video on FERPA 101.

I'm not going to get into a back and forth with lakeswimr or anyone about what the child's accommodations should be.  That's up to parents and other members of 504 team, not even OCR can define what the specific accommodations will be.  But 504/ADA are civil rights law designed to address inequity based on disability through procedure.  Whether it is feasible for you to attend every event is once again up to the team, not me.  However, food use is part and parcel to equal access and the delivery of FAPE for a identified qualifying individual whose active disability is food triggered. 

What has happened with the class party, in my personal opinion, is symptomatic of the entire process breaking down.

One word about retaliation and bullying.  Intimidating language for invoking civil rights protections is prohibited.  Intimidating language may look like blaming a student with documented disability for the school's own discriminating practices.

[allergymom_ca]

Update:
We spoke with the principal, vice principal (also the 504 coordinator) and teacher earlier this week. It turned out that the CQs had changed the beverages (sodas) without notifying me (I heard from the teacher). Apparently, the CQs are influential in school and the principal suggested to me to try and call the company of the newly proposed sodas and see if those worked for my daughter. I refused and explained that we should not be forced to try out beverages and run around calling companies less than 2 days before the party, when the menu had been agreed on. This violates our 504, as there was a proposed clause in there (which the school had agreed on and were working to revise) that I will be notified a week in advance of any foods for school-sponsored events. Therefore, they were forced to back off and decided that the sodas won't be changed at the last minute. The CQs did quite some drama about it, but ultimately, the foods that we had agreed on were the ones the class ultimately had .

However, the lead CQ did something which was completely unexpected (even after knowing who I was dealing with). Towards the end of the lunch in the cafeteia, she handed her son a cupcake just as he was getting done with his lunch. Her son was the only kid out of 150 kids who got hte cupcake; everyone else got the desserts we had agreed which were allergen free. When the kids were getting ready to form a line to go to the classroom, the child had the cupcake in his hand and was walking with it. He almost brushed my daughter with his cupcake twice and I had to pull her away. The parent was close by while this was happening. She had been notified by me in emails earlier this month about the life threatening allergy to eggs/baked milk and knew exactly how devastating the consequences could be if my daughter had indeed been touched with it.

I notified the teacher right away and to my surprise, she calmly said "I know". When I told her I don't want him eating the cupcake in the classroom, she told me not to worry and that the door was locked and he couldn't get in. They had started walking to the classroom by then. Later my daughter told me that the teacher asked the kid to wash his hands in the classroom, which I appreciated; however, I am livid that she didn't stop him while he was walking and asked him to finish or trash the cupcake. This is not permitted even on regular days. Off course, having just been bought lunch by that kid's mom probably made it difficult for her to stand up to her!

I have typed a written response to the principal, vp and the district 504 support coordinator and will be quoting the OCR Dear Colleague letter, which has similar (though more obnoxious instances). I understand no one on this list can provide legal advice, but let me know if you have any other suggestions on how else to address this. We luckily have legal representation (8 hours free per year) from work and we may also consider getting their assistance (though I doubt they are experienced in these issues; their specialty is more for wills/landlord disputes etc.)

Thank you for all the support. I was losing sleep about this worrying what happens in the party and I can relax now (until the next event which is 3 weeks later)!

[Macabre]

Cupcake. See?  CQ was trying to live up to her $%# title. 

It seems like you're doing a great job in keeping them focused and on task.  I will read your post again tomorrow to see if I can think of anything else.  I have no brain cells left tonight.

Know that when it comes to PTO food fundraisers, you've got an OCR letter just perfect for that referenced in our Schools forum (just thought I'd toss that out, since you're new and this is bound to come up at some point). 

[devnull]

http://www.wrightslaw.com/info/allergy/case.2013.Liebau.v.RomeoSch.wants.peanuts.in.schools.pdf

http://main.diabetes.org/dorg/living-with-diabetes/edmats-lawyers/atty-irvine-ocr-lof.pdf

http://www2.ed.gov/about/offices/list/ocr/docs/investigations/more/04131318-b.pdf

Some reading material over the weekend.  I also like that new district policy Stinky helped effect posted in this forum.  Hopefully a form on district letterhead or link to the district website with the statement is forthcoming. 

Should you need more than the 8 hour legal assistance you might also be able to get assistance from your state's National Disability Rights Network regional office.  They're probably overworked and underfunded but it's a potential option.  Don't overlook state administrative procedures and personnel such as mediation if you get stuck.  The biggest challenge is going to be fidelity of the accommodations over time. 

If your attorneys need resources definitely say so.  There's less rules about that because the attorney takes responsibility for the practice of law. 

A shortcut for attorneys unfamiliar with the unique challenges for clients with LTFA seeking 504/ADA protections by attorneys who are, IMHO, is an amicus brief authored by FARE & COPAA.  http://www.wrightslaw.com/info/allergy/case.2014.TF.v.FoxChapel.AppealBrief.FARE.pdf

Apologies for atrocious grammar. 

[bugbee]

Sorry to hear you are having such a stressful experience.  It's such a shame that you had to go through so much just to get back to the initially agreed upon foods for the party.  Glad it worked out that way though.  I hope you find future parties/celebrations to go a little smoother! 

I just though I'd chime in on the issue of students with diabetes.  I have two sons, both with food allergies, and the younger with Type 1 diabetes. 

Blood glucose can be unpredictable and can change very rapidly.  Low blood sugar can be very dangerous and requires immediate treatment, and we will require DS2's 504 to allow him to treat low blood glucose in the classroom (despite advocating for a food-free environment otherwise...the irony).   

That being said, there is no reason that a student with diabetes would need to have anything containing dairy or egg to treat his/her low, so the school should not be using that as an excuse to tell you that they can't keep your child's allergens out of the room.  Treatment of low blood sugar is typically accomplished with fast acting carbohydrates...our most often used are a 4 oz. juice boxes, a pack of fruit snacks, or an applesauce pouch.  And of course we would adapt whatever carbs we send, to make sure that we are accommodating any allergies present in the class. 

[ajasfolks2]

allergymom_ca,

What that CQmom did was beyond uncalled for.  I see it as potential for disalibility based harassment and I, personally, would not be afraid to suggest that label to the school admin.  It went beyond bullying.

Do you have record of what you told that CQmom as to the risks for your child?  Was it done in email or phone or person? 

If you don't already do LOU (Letter of Understanding) or other written recaps of meetings / encounters, then I'd suggest you learn how & practice. 

Thread here on documenting -- one link in particular you might find helpful -- it's the dphilpotlaw site (posted by me in that thread about March 2013) -- besides the section  on DOCUMENTING (there at that site) there is a ton of other helpful tabs and info!

DOCUMENTING  (cya) 


~ ~ ~

Yes, disclaimer -- This is all my personal opinion.  I am not an attorney.  I also have no affiliation with that website I suggested.

[daisy madness]

I've read this thread a few times and I still can't get over a candy bar and flavored sodas at school!  Allergies aside, that's ridiculous! 

[devnull]

That stood out to me, and the processed/junk food source is usually driven by females.  While I don't usually see increased empathy from male parents the demand to put it in classrooms is almost exclusively from mothers, which reflects in a way here the population of disability advocate mothers, and then all the studies on mothers.

The majority of male involvement seems to be doctors who give presentations, principals and school lawyers.  Largely authoritative roles that espouse management, containment and limitation through leveraging law, budgets and medicine. 

Interesting.