Food Allergy Support is now on Twitter. Follow us @FASupport. You may also follow our Tweets in our new global footer at the bottom of the page here at FAS!

Author Topic: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)  (Read 6705 times)

Description: Full Documents posted here

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« on: September 08, 2011, 11:30:56 AM »
http://allergy.hyperboards.com/action/view_topic/topic_id/7270

Two letters and third with LTFA policy to include 504 plan info.
 
These MAY not be posted in correct order, please bear with me.


~ ~ ~ ~ ~ ~ ~


U.S. DEPARTMENT OF EDUCATION   
 P.O. BOX 14620
  WASHINGTON, DC  20044-4620
Telephone: (202) 786-0500; Facsimile: (202) 208-7797; TDD: (202) 208-7741
e-mail: OCR.DC@ed.gov

OFFICE FOR CIVIL RIGHTS            DISTRICT OF COLUMBIA OFFICE
SOUTHERN DIVISION               District of Columbia, North Carolina, South Carolina, Virginia

      July 26, 2006

Dr. Ed Davis
Superintendent
Union County Public Schools
500 N Main Street, Suite 700
Monroe, North Carolina  28112-4730

   Re:   OCR Complaint No. 11-06-1096
      Resolution Closure Letter

Dear Dr. Davis:

This letter is to inform you of the results of our investigation of the above-referenced complaint, that was filed on January 27, 2006 with the District of Columbia Office, Office for Civil Rights (OCR), U.S. Department of Education (Department).  The Complainant alleged that Union County Public Schools (the District) discriminated against the Student (the Student) on the basis of his disabilities (peanut and tree nut allergies, or PTAs) during the 2005/2006 school year.

As we informed you in our prior letter, OCR is responsible for enforcing certain Federal civil rights statutes and regulations, including Section 504 of the Rehabilitation Act of 1973 (Section 504) and its implementing regulation, which prohibit discrimination on the basis of disability in programs and activities that receive Federal financial assistance from the Department.  OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title II) and its implementing regulation, which prohibit discrimination on the basis of disability by public entities, including public education systems and institutions, regardless of whether they receive Federal financial assistance from the Department.  Because the District receives Federal financial assistance from the Department and is a public entity, we have jurisdiction over it pursuant to Section 504 and Title II.  Because the Complainant has alleged discrimination on the basis of disability, we have jurisdiction over the allegations pursuant to these same laws.

The Complainant’s specific allegations were that the District discriminated against the Student on the basis of his disabilities during the 2005/2006 school year by:

1.   Failing to provide him with a free and appropriate public education (FAPE), that is, regular or special education and related aids and services that are designed to meet his needs as adequately as it meets the needs of students without PTAs by adequately addressing his PTA-related needs and ensuring a safe educational environment for him that is completely free of peanuts and tree nuts and products containing them (PTs), more specifically, by failing to:

a.   Provide the Student with a timely and appropriate Section 504 Plan;
b.   Provide adequate PTA training for all District staff responsible for the immediate custodial supervision or care of the Student, e.g., teachers, substitute teachers, administrators, counselors, coaches, supervisors of extracurricular activities, and bus drivers;
c.   Provide adequate notice to all parents and students at Sun Valley Middle School (the School) and on the Student’s bus that there are students with PTAs attending the School and of the potential harm to students with PTAs from exposure to PTs; and
d.   Promptly and adequately respond to incidents in which the Student’s PTA-related needs were not adequately met; and

2.   Failing to take prompt and effective action to stop and prevent the recurrence of disability-based harassment of the Student:

a.   During November and on December 8, when his bus driver repeatedly sold PTs on the bus despite having been notified of his PTAs;
b.   Twice during November, when boys on his bus who knew of his PTAs forced him to move from the seat near the bus driver in which he sat to better deal with his PTAs to another seat farther away from the bus driver and teased him about his PTAs;
c.   On December 8, when two boys on his bus who knew of his PTAs forced him to move from the seat near the bus driver in which he sat to better deal with his PTAs to another seat farther away from the bus driver, and assaulted and battered him for resisting the move;
d.   Between December 9 and 12, when his bus driver, despite having been notified of his PTAs:  repeatedly berated him for notifying District officials of her sales of PTs on his bus (after which she was prohibited from continuing those sales); brought her children onto the bus to show him who was affected by his notification to the District; informed him that she was not a nurse and did not want to be responsible for “saving” him; and returned his EpiPen (without authorization to do so) and told him to “have a nice life”;

« Last Edit: March 12, 2013, 08:19:39 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #1 on: September 08, 2011, 11:31:44 AM »
e.   During the first two weeks of December, when a student who knew of his PTAs smeared peanut butter onto the table next to the one at which the Student was sitting, sprinkled a PT on the Student’s food, and breathed heavily on the Student after the student had eaten peanut butter;
f.   On December 20, when his Spanish teacher, despite having been notified of his PTAs, brought a homemade casserole with nuts in it to  class, stated to him that it was alright for him to eat some of the casserole and, after he informed the teacher that he was allergic to the casserole, asked him to wait outside (on a cold winter day) while the class ate the casserole;
g.   On December 21, when his Social Studies teacher, despite having been notified of his PTAs, brought a PT to class for consumption by the students; and
h.   On January 17, when a student eating peanut butter who knew of his PTAs (as evidenced by the fact that, when the Student pulled back, the student said “Oh yeah, I don’t want to kill you”) tried to shake hands with him and another student eating a peanut butter sandwich who knew of his PTAs refused to move from the cafeteria table reserved for the Student, resulting in him suffering an anaphylactic shock for which he had to be hospitalized.

In making our determinations concerning this complaint, we evaluated the information provided by the Complainant and the District, reviewed information on the Internet concerning PTAs, and conducted telephone interviews with the Complainant and District staff.  What follows is a discussion of our factual findings, concerns and legal conclusions regarding the Allegations.

Allegation 1:  The District discriminated against the Student on the basis of his disabilities during the 2005/2006 school year by failing to provide him with FAPE, that is, regular or special education and related aids and services that are designed to meet his needs as adequately as it meets the needs of students without PTAs by adequately addressing his PTA-related needs and ensuring a safe educational environment for him that is completely free of PTs.

Under the Section 504 regulation, the District is required to provide the Student with FAPE, that is, regular or special education and related aids and services that are designed to meet his needs as adequately as it meets the needs of students without disabilities by adequately addressing his PTA-related needs and ensuring a medically safe environment for him.  Implementing an Individualized Education Program (IEP) consistent with the Individuals with Disabilities Education Act is one way of meeting this standard.  We interpret Title II as imposing similar requirements.

In addition, the Section 504 regulation provides that no person, on the basis of disability, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that receives Federal financial assistance. The Title II regulation contains a similar provision, and requires school districts to make reasonable modifications in policies, procedures or practices when necessary to avoid discrimination on the basis of disability, unless the modification would fundamentally alter the nature of the service, program, or activity. OCR interprets these provisions to require that public school districts take those steps necessary to ensure that the school environment for students with disabilities is as safe as the environment for students without disabilities.  As the vast majority of District students without disabilities do not face a significant possibility of experiencing serious and life-threatening reactions to their environment while they attend District schools, Section 504 and Title II require that the District provide the Student with an environment in which he also does not face such a significant possibility.

To provide students with FAPE and meet the above-referenced standards, plans such as the Student’s should generally include either the following elements or references to the District or School documents that contain these elements:

1.   Adequate policies, procedures and/or protocols governing PTA risk management in each type of School program and activity, including the Student’s classroom and common use rooms (e.g., the cafeteria, library, computer labs, gymnasium, and art and music rooms), and during recess periods, bus transportation, field trips, and extracurricular, School-related activities.  If the District chooses to adopt such policies, etc., independent of the Plan, the Plan should contain references to them.


(cont'd . . .)
« Last Edit: March 12, 2013, 08:19:52 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #2 on: September 08, 2011, 11:32:33 AM »
2.   Sufficient emergency response policies, procedures and/or protocols covering all School programs and activities to address instances in which the Student is suspected of having a PTA-related reaction.  These procedures should address the proper handling and administration of epinephrine in the event of an anaphylactic or other serious allergy-related reaction, and will identify the staff responsible for emergency responses.
3.   A provision that all District staff responsible for the immediate custodial supervision (including substitutes) or care of the Student will receive comprehensive training on PTAs and the implementation of the Student’s Plan.  The Plan should establish when, how often, for how long, by whom, and the content of this training.
4.   A provision requiring that at least one fully PTA-trained staff person be at the School during all regular school hours and at all School-related activities attended by the Student who can administer epinephrine consistent with the District’s PTA-related policies, etc.
5.   Provisions setting out all of the PTA-related responsibilities of parents and students in all School programs and activities and an effective process for communicating their PTA-related responsibilities to them.

The District submitted substantial information in response to our requests relating subjects such as:  (1) the manner in which it develops and implements IEP and Section 504, health care or other plans for students with PTAs; (2) the establishment and implementation of procedures and/or protocols governing -- and staff responsible for – PTA risk management and treatment in each type of School program and activity; (3) making appropriate District staff aware of the fact that the Student has a PTA and of the Student’s Section 504 Plan; and (4) making parents of School students – and the students themselves -- aware that there are students with PTAs attending the School and of the potential harm to students with PTAs from exposure to PTs.

Although the District’s submissions indicate that it has, in practice, fulfilled a number of the above requirements, the Section 504 Plan that was in effect at the time this complaint was filed did not include many of the above elements or references to District or School documents that contain these elements.  For example, that Plan did not include or reference District documents regarding:  (1) the specific measures to be taken to protect the Student in common use areas other than his classroom, the bus and the cafeteria; (2) procedures concerning the proper handling and administration of epinephrine in the event of an anaphylactic or other serious allergy-related reaction; (3) the staff responsible for emergency responses; (4) specifically who will receive training, the content of the training, or when or for how long it will take place; or (5) the specific sanctions to be applied to individuals who harass students with peanut allergies because of those allergies.  Because we have concerns regarding the District’s failure to provide the Student with FAPE, the District has signed the enclosed Voluntary Agreement, pursuant to which it will address these concerns.

(cont'd . . .)
« Last Edit: March 12, 2013, 08:20:01 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #3 on: September 08, 2011, 11:33:18 AM »
Allegation 2:  The District discriminated against the Student on the basis of his disabilities during the 2005/2006 school year by failing to take prompt and effective action to stop and prevent the recurrence of disability-based harassment of him.

As stated above, Section 504 prohibits discrimination on the basis of disability.  One means of establishing such discrimination is to determine that a recipient has -- or is responsible for harassing conduct that has -- created a disability-based hostile environment.  A disability-based hostile environment is one in which disability-based harassing conduct takes place that is sufficiently serious (i.e., severe, persistent or pervasive) that it interferes with or limits the ability of an individual to participate in or benefit from the recipient’s programs or services.  With respect to this Allegation, we look to whether the Complainant has submitted sufficient information regarding the following three elements of disability-based harassment:  (1) a disability-based hostile environment existed; (2) the District had actual or constructive notice of the disability-based hostile environment; and, (3) the District failed to take prompt and effective action to eliminate the disability-based hostile environment and prevent its recurrence. 

The District admits that at least seven of the eight alleged incidents of disability-based harassment took place (in its submissions, it states that it did not receive notice of one of these incidents -- the one alleged in Allegation 2b).  We have also received supplemental evidence from the Complainant that additional incidents have occurred during the pendency of this complaint.  Based on this evidence, the fact that several of these incidents placed the Student in serious danger as a result of his disabilities, and the District’s admissions, we find that a disability-based hostile environment existed at the School and that the District had notice of this environment, that is, that the first two above-referenced elements of disability-based harassment are present.  To the District’s credit, we also find that, with respect to each alleged incident except the one in Allegation 2b (concerning which the District asserts that it did not receive notice), the District took prompt action to eliminate the hostile environment that was created or perpetuated by the incident. 

However, in light of the number of occurrences and the additional instances of harassment the Complainant alleged have taken place during the pendency of this complaint, we have concerns regarding the effectiveness of the District’s overall response to these incidents and whether these responses have prevented the reoccurrence of harassment.  District compliance with the provisions of the enclosed Voluntary Agreement that address Allegation 1 will also address some of our concerns regarding the District’s elimination and prevention of the reoccurrence of disability-based harassment of the Student.  However, to further address these concerns, the Voluntary Agreement also includes a provision pursuant to which the District will provide notice to staff, parents and students at the School of the harassment and discipline policies and sanctions that apply to knowingly exposing a student with a PTA to a PT, and for threatening or harassing a student with a PTA because of the student’s PTA.

Based on the above findings, concerns, and conclusions, and the enclosed Voluntary Agreement, we are closing our investigation of the complaint effective the date of this letter.  However, we will monitor the District’s implementation of the Voluntary Agreement to ensure that it fully complies with it and thereby addresses the concerns identified above.

We remind the District that it may not harass, intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by the laws OCR enforces.  If any individual is harassed or intimidated because of filing a complaint or participating in any aspect of OCR case resolution, the individual may file a complaint alleging such treatment.

Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request.  If we receive such a request, we will seek to protect, to the extent provided by law, personally identifiable information that, if released, could constitute an unwarranted invasion of personal privacy.

We appreciate your cooperation in the resolution of this complaint.  If you have any questions regarding this letter or the processing of this complaint, please contact Ms. Rita Bhanot, the OCR investigator assigned to this case, at (202) 786 0543 or via e-mail at rita.bhanot@ed.gov.

                  Sincerely,



                  Sharon Solomon
                  Team Leader
                  District of Columbia Office

~ ~ ~ ~ ~ ~

<FIRST LETTER ENDS HERE!>


« Last Edit: March 12, 2013, 08:20:12 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #4 on: September 08, 2011, 11:34:02 AM »
<SECOND LETTER BEGINS HERE>

~ ~ ~ ~ ~

U.S. DEPARTMENT OF EDUCATION   
 P.O. BOX 14620
  WASHINGTON, DC  20044-4620
Telephone: (202) 786-0500; Facsimile: (202) 208-7797; TDD: (202) 208-7741
e-mail: OCR.DC@ed.gov

OFFICE FOR CIVIL RIGHTS            DISTRICT OF COLUMBIA OFFICE
SOUTHERN DIVISION               District of Columbia, North Carolina, South Carolina, Virginia

      August 1, 2006

Dr. Ed Davis
Superintendent
Union County Public Schools
500 N Main Street, Suite 700
Monroe, North Carolina  28112-4730

   Re:   OCR Complaint No. 11-05-1284
      Resolution/Closure Letter

Dear Dr. Davis:

This is to inform you of the results of our investigation of the above-referenced complaint, which was filed on September 9, 2005, with the District of Columbia Office, Office for Civil Rights (OCR), U.S. Department of Education (Department) against Union County Public Schools (the District).  As you know, OCR has entered into a Voluntary Agreement with the District to address and resolve the complaint allegations.  In her complaint, the Complainant alleged that the District:

1.   Discriminated against her son (the Student) on the basis of his disabilities (peanut and tree nut allergies, or PTAs) by failing to provide him with an appropriate Section 504 Plan (Plan) that adequately addresses his PTA-related needs and assures a medically safe environment for him, that is, one that is completely free of peanuts and tree nuts (PTs); and

2.   Failed to take prompt and effective action to stop disability-based harassment of the Complainant and the Student after a parent made a statement at a September 1, 2005 Parent/Teachers Organization (PTO) meeting that “I will continue to [have my son] bring peanut butter and jelly sandwiches every day until the Superintendent informs me that I can’t . . . and will have my son smear it on everything.”

As we informed you in our prior letter, OCR is responsible for enforcing certain Federal civil rights statutes and regulations, including Section 504 of the Rehabilitation Act of 1973 (Section 504) and its implementing regulation, which prohibit discrimination on the basis of disability in programs and activities that receive Federal financial assistance from the Department.  OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title II) and its implementing regulation, which prohibit discrimination on the basis of disability by public entities, including public education systems and institutions, regardless of whether they receive Federal financial assistance from the Department.  Because the District receives Federal financial assistance from the Department and is a public entity, we have jurisdiction over it pursuant to Section 504 and Title II.  Because the Complainant has alleged discrimination on the basis of disability, we have jurisdiction over the allegations pursuant to these same laws.


In making our determinations concerning this complaint, we evaluated the information provided by the Complainant and the District and conducted telephone interviews with the Complainant and District staff.  What follows is a discussion of our factual findings, concerns and legal conclusions regarding the Allegations.


(cont'd . . . )

« Last Edit: March 12, 2013, 08:20:21 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #5 on: September 08, 2011, 11:34:35 AM »
Allegation 1:  The District discriminated against the Student on the basis of his disabilities by failing to provide him with an appropriate Plan that adequately addresses his PTA-related needs and assures a medically safe environment for him, that is, one that is completely free of PTs.

Under the Section 504 regulation, the District is required to provide the Student with FAPE, that is, regular or special education and related aids and services that are designed to meet his needs as adequately as it meets the needs of students without disabilities by adequately addressing his PTA-related needs and ensuring a medically safe environment for him.  Implementing an Individualized Education Program (IEP) consistent with the Individuals with Disabilities Education Act is one way of meeting this standard.  We interpret Title II as imposing similar requirements.

In addition, the Section 504 regulation provides that no person, on the basis of disability, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that receives Federal financial assistance.  The Title II regulation contains a similar provision, and requires school districts to make reasonable modifications in policies, procedures or practices when necessary to avoid discrimination on the basis of disability, unless the modification would fundamentally alter the nature of the service, program, or activity. OCR interprets these provisions to require that public school districts take those steps necessary to ensure that the school environment for students with disabilities is as safe as the environment for students without disabilities.  As the vast majority of District students without disabilities do not face a significant possibility of experiencing serious and life-threatening reactions to their environment while they attend District schools, Section 504 and Title II require that the District provide the Student with an environment in which he also does not face such a significant possibility.

Based on the evidence in the case, the Student’s 504 plan was not adequate to meet Student’s individual needs.   For example, the Plan didn’t provide:  (1) the specific measures to be taken to protect the Student in common use areas other than his classroom, the bus and the cafeteria; (2) procedures concerning the proper handling and administration of epinephrine in the event of an anaphylactic or other serious allergy-related reaction; (3) the staff responsible for emergency responses; or (4) specific information about the staff training needed to implement the Plan, including on a day-to-day basis and in emergencies.  In order to provide students with FAPE and meet the above-referenced standards, each student’s plan must be based on an individualized consideration of the student’s needs.  However, as a general matter, plans such as the Student’s should generally include either the following elements or references to the District or School documents that contain these elements:

1.   Adequate policies, procedures and/or protocols governing PTA risk management in each type of School program and activity, including the Student’s classroom and common use rooms (e.g., the cafeteria, library, computer labs, gymnasium, and art and music rooms), and during recess periods, bus transportation, field trips, and extracurricular, School-related activities.  If the District chooses to adopt such policies, etc., independent of the Plan, the Plan should contain references to them.
2.   Sufficient emergency response policies, procedures and/or protocols covering all School programs and activities to address instances in which the Student is suspected of having a PTA-related reaction.  These procedures should address the proper handling and administration of epinephrine in the event of an anaphylactic or other serious allergy-related reaction, and will identify the staff responsible for emergency responses.
3.   A provision that all District staff responsible for the immediate custodial supervision (including substitutes) or care of the Student will receive comprehensive training on PTAs and the implementation of the Student’s Plan.  The Plan should establish when, how often, for how long, by whom, and the content of this training.
4.   A provision requiring that at least one fully PTA-trained staff person be at the School during all regular school hours and at all School-related activities attended by the Student who can administer epinephrine consistent with the District’s PTA-related policies, etc.
5.   Provisions setting out all of the PTA-related responsibilities of parents and students in all School programs and activities and an effective process for communicating their PTA-related responsibilities to them.


(cont'd . . . )
« Last Edit: March 12, 2013, 08:20:30 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #6 on: September 08, 2011, 11:38:22 AM »
The District submitted substantial information in response to our requests relating subjects such as:  (1) the manner in which it develops and implements IEPs and Section 504 and other plans for students with PTAs; (2) the establishment and implementation of procedures and/or protocols governing -- and staff responsible for – PTA risk management and treatment in each type of School program and activity; (3) making appropriate District staff aware of the fact that the Student has a PTA and of the Student’s Plan; and (4) making parents of School students – and the students themselves -- aware that there are students with PTAs attending the School and of the potential harm to students with PTAs from exposure to PTs.

Although the District’s submissions indicate that it has, in practice, fulfilled a number of the above requirements, the Plan that was in effect at the time this complaint was filed did not include many of the above elements or references to District or School documents that contain these elements.  Because we have concerns regarding the District’s failure to provide the Student with FAPE, the District has signed the enclosed Voluntary Agreement, pursuant to which it will address these concerns.

Allegation 2:  The District failed to take prompt and effective action to stop disability-based harassment of the Complainant and the Student after a parent made a statement at a September 1, 2005 PTO meeting that “I will continue to [have my son] bring peanut butter and jelly sandwiches every day until the Superintendent informs me that I can’t . . . and will have my son smear it on everything.”

As stated above, Section 504 prohibits discrimination on the basis of disability.  One means of establishing such discrimination is to determine that a recipient has -- or is responsible for harassing conduct that has -- created a disability-based hostile environment.  A disability-based hostile environment is one in which disability-based harassing conduct takes place that is sufficiently serious (i.e., severe, persistent or pervasive) that it interferes with or limits the ability of an individual to participate in or benefit from the recipient’s programs or services.  In this case, the alleged hostile environment was created, not by a District employee, but by a parent.  The District would only be responsible for this conduct if:  (1) a disability-based hostile environment existed; (2) the District had actual or constructive notice of the disability-based hostile environment; and, (3) the District failed to take prompt and effective action to eliminate the disability-based hostile environment and prevent its recurrence.  In other words, if the District was aware of the harassment and failed to correct it, the District’s own inaction would have allowed the Student to be subjected to a hostile environment.

The District’s submissions indicate that it was aware of the September 1st incident and obtained a good deal of evidence concerning it.  For example, the submissions indicate that, after the PTO meeting, a parent approached the School Principal to discuss his concerns.  A statement provided by one witness indicates that the parent approached the Principal with a “very combative demeanor . . . barraged her with questions – most of which he answered himself – and stated his opinions loudly.”  The Principal walked away from the parent without responding to his questions.  Statements by the Complainant and three School teachers indicate that the parent then pointed his finger in a threatening manner into one of their faces, looked at each one of them, and “ranted” to the Complainant that he would continue to send his child to the School with peanut butter and jelly sandwiches regardless of whether any student with a PTA died as a result.  These statements also indicate that the parent stated that he would have his child smear it on the hallway walls of the School, and added:  “What are you going to do about that?”  Finally, the witness statements indicate that the parent: 

1.   “ . . . was being very disrespectful toward the ladies [presumably the Complainant and the three teachers] and constantly interrupting them”;
2.   Looked “like he wanted to size [one of the witnesses] up for a fight”;
3.   Was “ranting and raving”;
4.   Stated that “. . . if the kid [with a PTA] had an allergic reaction he did not care . . . it would not affect his kid even if the kid died right in front of him”;
5.   Was “very irate”; and
6.   Stated that “ . . . if a child did die in our building it would not be his son’s fault because his son did not give anyone the allergy.”

(cont'd . . . )
« Last Edit: March 12, 2013, 08:20:40 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #7 on: September 08, 2011, 11:38:59 AM »
Once the parent left, one witness stated that the witnesses “looked at each other in disbelief.”  The School Principal responded by speaking with the three teachers who were concerned about the parent’s conduct, obtaining statements from them concerning the incident, and monitoring the food brought from home by the child of the parent who engaged in the conduct.  The District also asserts that District staff informed the parent, at the time of the incident, that his conduct was “inappropriate.”

Based on the above evidence, we first find that the parent did engage in the conduct described above.  In determining whether the parent’s conduct created a hostile environment, we first note that the parent engaged in the alleged conduct after a discussion at the meeting of how highly allergic the Student was to PTs and the fact that exposure to PTs could lead to the Student’s death.  We find that the parent’s statements and related conduct were based on disability and constituted a serious threat to the life, health and safety of the Student, and of other students at the School with PTAs.  This finding is based on the context of the conduct, the nature and severity of the Student’s disability, and the likelihood, nature and severity of the harm to the Student and possibly other School students with PTAs that could result from the parent acting as he threatened to act.  We also find that the parent’s threats and conduct interfered with and/or limited the ability of the Student to participate in or benefit from the District’s programs or services.

Secondly, we find that the District had actual notice of the disability–based hostile environment because at least three District teachers witnessed it and it was reported to and investigated by the School Principal and other District staff.

Thirdly, we find that, assuming the District responded promptly to this harassment (as it asserts that District staff informed the parent, at the time of the incident, that his conduct was “inappropriate”), it did not respond effectively.  We recognize that the District has less control over a parent than it does over a student or an employee.  Nevertheless, given the nature of the parent’s conduct, the District should also have taken additional actions such as documenting its response by sending the parent – and providing the Complainant with a copy of -- a letter informing him of the fact that it had investigated the incident, its findings based on the investigation, and the actions it intended to take as a result of the investigation. 

District compliance with the provisions of the enclosed Voluntary Agreement that address Allegation 1 will also address some of our concerns regarding the District’s elimination and prevention of the reoccurrence of disability-based harassment of the Complainant and Student.  However, to further address these concerns, the Voluntary Agreement also includes a provision pursuant to which the District will provide notice to staff, parents and students at the School of the harassment and discipline policies and sanctions that apply to knowingly exposing a student with a PTA to a PT, and for threatening or harassing a student with a PTA because of the student’s PTA.

Based on the above findings, concerns, and conclusions, and the enclosed Voluntary Agreement, we are closing our investigation of the complaint effective the date of this letter.  However, we will monitor the District’s implementation of the Voluntary Agreement to ensure that it fully complies with it and thereby addresses the concerns identified above. 

We remind the District that it may not harass, intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by the laws OCR enforces.  If any individual is harassed or intimidated because of filing a complaint or participating in any aspect of OCR case resolution, the individual may file a complaint alleging such treatment.

Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request.  If we receive such a request, we will seek to protect, to the extent provided by law, personally identifiable information that, if released, could constitute an unwarranted invasion of personal privacy.

We appreciate your cooperation in the resolution of this complaint.  If you have any questions regarding this letter or this complaint, please contact Ms. Rita Bhanot, the OCR investigator assigned to this case, at (202) 786-0543 or via e-mail at rita.bhanot@ed.gov.

                  Sincerely,



                  Sharon Solomon
                  Team Leader
                  District of Columbia Office

Enclosure

cc:  Gil  Middlebrooks, Esq.

~ ~ ~ ~ ~

<SECOND LETTER ENDS HERE>

« Last Edit: March 12, 2013, 08:20:51 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #8 on: September 08, 2011, 11:39:51 AM »
<THIRD LETTER BEGINS HERE>

~ ~ ~ ~ ~ ~


Sun Valley Middle School
1409 Wesley Chapel Road, Indian Trail, NC  28079
School Phone Number
School Fax Number

Blaire Brigham-Traywick, Principal
Mary Jo Breckenridge, Assistant Principal
Pascale Glenn, Assistant Principal
Michael Mills, Assistant Principal

   


Voluntary Agreement:
Managing Food Allergies in Union County Public Schools(UCPS)


The staff at Sun Valley Middle School will fully implement this Voluntary Agreement, beginning
August (to be determined) 2006, for the 2006-2006 school year.

B.1  not applicable to Sun Valley Middle School

B.2. Managing Peanut/Tree Nut Allergies in UCPS
The following outlines the actions that will be taken to ensure the PTA student(s) are provided a free appropriate public education, which includes establishing and implementing Section 504 Plans that include the following procedures and protocols as appropriate.

a.  Procedures and/or protocols governing PTA Risk Management
I.  Classroom
a. A letter, written by the principal, will be sent home to the student’s teammates alerting
     Parents/guardians of the severe peanut/tree nut allergy suffered by student(s) on their child’s 
     team.  The letter will include:
•   The request that all students and parents voluntarily refrain from sending/bringing any peanut/tree nut products or by-products into SVMS or to any school-related activities;
•   A statement of how bullying, harassment, or threatening of a student with a PTA will be disciplined according to the county policy for bullying, threatening, or harassment;
•   How SVMS is addressing PTA’s. 
  b.  If a safe food list is provided by the student’s doctor or parent/guardian then it will accompany 
       the above mentioned letter or be presented in later communication.
  c.  Foods containing peanut/tree nut products will not be allowed to be opened/exposed or to be
       consumed in the student’s classrooms. 
  d.  The teacher or adult-in-charge will wipe the student’s desk or applicable area with antiseptic
       wipes before the student enters the classroom.   Antiseptic wipes will be provided in all 
       student-specific areas for student and teacher use.
  e.  Team celebrations or lessons that involve food will adhere to the, “No peanut/tree nut
        products” strategy.
f.  Food brought in for other reasons than lunch must be pre-packaged with the
    Nutrition/Ingredient Label present or purchased through SVMS café’s food production.
  g.  Substitute teachers or other personnel (as needed) will be made aware of the student’s
       allergies, medical plan, expectations of peanut/tree nut-free classrooms, and PTA strategies.
h. Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all times.
i.  The student’s teachers will be trained in recognizing symptoms of a PTA-exposure and Epi-Pen
    administration.

2.  Cafeteria
a.   The cafeteria personnel will not produce any meal items containing peanuts, tree nuts, or by-products of either. 
b.   A “Nut-Free Zone” will be created and clearly designated in the cafeteria.  This zone will be monitored by an adult who is aware of the student’s allergies.
c.   The tables in the Peanut/Tree Nut-Free Zone will be washed between each lunch with a designated cloth according to the following Table Wiping Procedures: 
•   Clean, sanitized, wrung-dry cloths will be placed on a try or pan in the dish room window;
•   Students or teachers will pick up the clean cloths and wipe the tables when their classroom has finished lunch;
•   After the tables are wiped, students will place the soiled or used cloths on a tray or pan in a designated area away from the clean cloths;
•   The dish room person or designated cafeteria personnel will pick up the soiled towels and clean them by running them through the dishwasher;
•   The towels will be placed in clean sanitizer solution and then wrung-dry and placed in the dish room window for pickup by teacher or student to be used again for wiping tables. 
In the event the dishwasher is not working, the cloths will be cleaned using the three-sink method.
d.   Persons bringing lunches containing peanut/tree nut products will be expected to wash their hands immediately after departure from the café.
e.   Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all times.
f.   Cafeteria personnel will be trained in recognizing symptoms of a PTA-exposure and Epi-Pen administration.


(cont'd)
« Last Edit: March 12, 2013, 08:21:04 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #9 on: September 08, 2011, 11:40:37 AM »
3.  Media  Center
a.   Foods containing peanut/tree nut products will not be allowed to be opened/exposed or to be consumed in the media center.
b.   The teacher or adult-in-charge will wipe a computer keyboard or applicable area with antiseptic wipes before the student uses such equipment.  Antiseptic wipes will be provided in all student-specific areas for student and teacher use.
c.   Food brought in to the media center for reasons such as group meetings or celebrations must be pre-packaged with the Nutrition/Ingredient Label present or purchased through SVMS café’s food production.
d.   Substitute media personnel or other personnel (as needed) will be made aware of the 
   student’s allergies, medical plan, expectations of peanut/tree nut-free area/equipment, and
   PTA strategies.
e.   Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all
   times.
f.   The media specialist and media specialist assistant will be trained recognizing symptoms
   of a PTA-exposure and in Epi-Pen administration.

4. Computer Lab/Classroom —-
a.   Foods containing peanut/tree nut products will not be allowed to be opened/exposed or to be consumed in the computer lab/classroom.
b.   The teacher or adult-in-charge will wipe a computer keyboard or applicable area with antiseptic wipes before the student uses such equipment.  Antiseptic wipes will be provided in all student-specific areas for student and teacher use.
c.   Food brought in to a computer lab/classroom must be pre-packaged with the Nutrition/Ingredient Label present or purchased through SVMS café’s food production.
d.   Substitute teachers or other personnel (as needed) will be made aware of the 
   student’s allergies, medical plan, expectations of peanut/tree nut-free area/equipment, and
   PTA strategies.
e.   Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all
    times.
f.   The computer lab/classroom adult supervisor/teacher will be trained recognizing symptoms
   of a PTA-exposure and in Epi-Pen administration.

5.  Gymnasium
a.   Foods containing peanut/tree nut products will not be allowed to be opened/exposed or to be consumed in the gymnasium.
b.   Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all
      times. 
c.   Physical Education teachers will be trained in recognizing symptoms of a PTA-exposure and in
         Epi-Pen administration.
d.   Physical Education teachers will carry a walkie-talkie on themselves when leaving the 
gymnasium to venture outside, on or off SVMS’s campus in order to communicate any medical needs with the office or administrative staff.

6. Encore Classes (related arts/specialty areas)
a.   Foods containing peanut/tree nut products will not be allowed to be opened/exposed or to be consumed in such classrooms.
b.   The teacher or adult-in-charge will wipe the student’s applicable area or appropriate materials with antiseptic wipes before the student is in that area or uses such equipment.  Antiseptic wipes will be provided in all student-specific areas for student and teacher use.
c.   Food brought in to a classroom must be pre-packaged with the Nutrition/Ingredient Label present or purchased through SVMS café’s food production.
d.   Substitute teachers or other personnel (as needed) will be made aware of the 
   student’s allergies, medical plan, expectations of peanut/tree nut-free area/equipment, and
   PTA strategies.
e.   Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all
    times.
f.   The adult supervisor/teacher will be trained recognizing symptoms of a PTA-exposure and in Epi-Pen administration.

(cont'd . . . .)
« Last Edit: March 12, 2013, 08:21:18 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #10 on: September 08, 2011, 11:41:19 AM »
7. Field Trips
a.   The teacher or staff member who is planning a non-required or required (i.e. band competition) team, grade level, club, or group field trip will be required to investigate the field trip destination(s) and perform an allergen risk assessment with the parent. 
b.   The parent will be encouraged to accompany the student on the fieldtrip.  They will be allowed to ride in the specific mode of transportation with the student.
c.   The student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all times.
d.   Accommodations will be made to send an adult chaperone that is aware and trained to assist the student in the event the student has a PTA-allergic reaction/symptom.
e.   The parent (if along) or trained adult will have possession of a cell phone, the medical/emergency plan, a liquid antihistamine and a prescribed EpiPen. 
f.   If the parents do not accompany the student on the field trip, the trained adult will be assigned the student in his/her group. 
g.   If the field trip length requires snacks or meals off of school campus then the student will have access to a peanut/tree nut free area, snacks, and meals.
h.   The emergency/medical plan will be reviewed before each field trip.

8. Bus Transportation
  a.  The bus driver will be trained in Food Allergen Awareness, Label Reading, Proper Hand
       Washing, Effective Disinfecting of Surfaces, Recognition of Allergic Reactions, and EpiPen
       Administration and Emergency Response.  If a trained bus driver or substitute bus driver 
       cannot be secured for the afternoon route, the student will not  board the school bus.
       Personnel in the school’s office will make contact with an administrator. If a trained bus driver
      or substitute bus driver cannot be secured for the morning route the student is not to board the
      bus, but contact the student’s parent at home.  If unable to make contact with the parent, the
      bus driver is to contact SVMS administration for further transport-directions. If unable to contact
      the administration the transportation coordinator should be contacted for further transport-
      directions.
  b.  Enforce rule of, “No eating on the school bus!”
  c.  The student will be assigned to one of the front two seats.
  d.  The school will provide antiseptic wipes for the bus driver to thoroughly wipe the PTA student’s
       seat prior to his loading the bus, both in the morning and afternoon routes.
  e. The student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all
       times.
  f.  The student will notify the bus driver if symptoms related to exposure of peanut/tree nut
       allergies have occurred.
  g. The bus driver will follow the student’s medical/emergency medical plan specific for the bus. 
       If the student notifies driver of symptoms at the bus stop or while bus is in operation the bus
       will come to a stop.  The parking brake will be put into gear and bus engine turned off. 
       Medication should be administered directed by the student’s medical plan.  If symptoms are
       severe, the bus driver will follow the medical plan then contact 911 and provide directions for
       emergency services to the bus.  If the symptoms are light or there is concern that a peanut
       product has been on the bus prior to the student boarding the bus, the driver is to contact the
       student’s parent.  If unable to contact the parent, the bus driver will contact an administrator at
       SVMS at 704-296-3009 or 704-296-3048.  If unable to contact an administrator, the bus driver
       is to contact the Transportation Specialist, Carla Courtney, at 704-296-3050 or via 2-way radio.

9.  Extra Curricular, Directly School-related Activities—
a.   The request that all students and parents voluntarily refrain from sending/bringing any peanut/tree nut products or by-products into SVMS or to any school-related activities.
b.   Supervising personnel (as needed) will be made aware of the student’s
             allergies, medical plan, and PTA strategies.
c.   Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all times.
d.   Supervising personnel will be trained in recognizing symptoms of a PTA-exposure and Epi-Pen administration.
e.   Concessions at school-sponsored dances or UCPS/school sponsored basketball games will not sell any peanut/tree-nut products or by-products.


(cont'd . . . .)
« Last Edit: March 12, 2013, 08:21:32 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #11 on: September 08, 2011, 11:42:25 AM »
b.  Emergency Response Procedures for PTA-related Reactions
      I.  Proper Handling and Administration of Epinephrine
a.  The student’s medical and/or emergency plan will be followed in the case of a PTA symptom(s) during school hours, on school-provided transportation, and at activities or events directly sponsored by SVMS.
b. Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all times.
c. Benadryl and prescribed EpiPen will be stored in the front office’s medicine cabinet.  Keys for the medicine cabinet are in the principal’s desk, the cabinet to the left of the medicine cabinet, and in the secretary’s desk. 
d. Other student-specific, prescribed EpiPens will be stored in at least two of the student’s classrooms once provided by the parent/guardian.
e. The nurse will provide all involved parties, copies of updated medical and/or emergency plans as needed.
f.  Medical response--Recognition of a PTA-exposure/reaction or if student describes such symptoms—
•   an adult will stay with the student if possible.   
•   Assess the emergency at hand. 
•   Activate the emergency response team (Code Blue Team) if needed.  This team consists of administrators, and/or personnel trained in CPR, First-Aid, and those trained in how to administer an Epi-pen. 
•   Student will self-carry a liquid antihistamine and the prescribed Epi-Pen with him at all times. 
•   Refer to the student’s medical plan.
•   Administer the liquid antihistamine or administer the Epi-Pen depending on the reaction stage and per medical plan.
•   Contact 911 if the Epi-Pen was administered, per medical plan.
•   Contact parent/guardian.
•   Contact other needed individuals.
•   Accompany student to emergency care facility if needed or per medical plan.

2. Staff members responsible for response
a.   Emergency Response Team (Code Blue Team)—members include administrators, nurse (when available), and/or personnel trained in CPR, First-Aid, and those trained in how to administer an Epi-Pen.
b.   Student’s bus driver.
c.   Any adult that recognizes a PTA-exposure reaction or if told by the student of a potential exposure or symptoms, are responsible for assisting the student.


(cont'd . . . )
« Last Edit: March 12, 2013, 08:21:43 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #12 on: September 08, 2011, 11:43:15 AM »
c.  Food Allergy Education, Awareness, & Reaction Prevention

I. Types of Education, Awareness, and Reaction Prevention--recipients of such training:
a. Food Allergen Awareness—students enrolled at SVMS, faculty and staff members at SVMS, parents of students enrolled at SVMS, bus drivers for SVMS, classroom or bus substitutes for SVMS (provided by UCPS), café personnel at SVMS.
b. Label Reading--students enrolled at SVMS, faculty and staff members at SVMS, bus drivers for SVMS, classroom or bus substitutes for SVMS (provided by UCPS), and café personnel (provided by Child and Nutrition) at SVMS.
c. Proper Hand Washing-- students enrolled at SVMS, faculty and staff members at SVMS, bus drivers for SVMS, classroom or bus substitutes for SVMS (provided by UCPS), café personnel (provided by Child and Nutrition) at SVMS.
d. Effective Disinfecting of Surfaces-- faculty and staff members at SVMS, bus drivers for SVMS, classroom or bus substitutes for SVMS, café personnel (provided by Child and Nutrition) at SVMS.
e. Recognition of Allergic Reactions— faculty and staff members at SVMS, members of SVMS’s café personnel (provided by the UCPS Child/Nutrition Department), members of SVMS’s custodial staff, bus drivers (provided by UCPS Transportation Department), bus and classroom substitutes (provided by the county) and SVMS’s emergency response team (Code Blue Team)
f. EpiPen Administration and Emergency Response—the student’s teachers, SVMS’s front office-secretary; SVMS’s administration, and SVMS’s emergency response team (Code Blue Team)

c.2. Who Will Provide the Training
a.  School and/or UCPS Nurse(s)

c.3. When will the Training Occur
a. Food Allergen Awareness, Label Reading, Proper Hand Washing, Effective Disinfecting of Surfaces, and Recognition of Allergic Reactions Training for all school personnel (Faculty-members, TA’s, custodians, café personnel, and office-support) will occur on Friday, August 18, 2006 for one hour and fifteen minutes. 
b. Food Allergen Awareness, Label Reading, Proper Hand Washing, Effective Disinfecting of Surfaces, and Recognition of Allergic Reactions Training updates for applicable certified staff and non-certified staff will occur at monthly staff meetings or as needed.  A minimum of two refresher training sessions will happen in the first semester and again in the second semester.  The refresher sessions will vary in length (about 25-30 minutes).
c. Food Allergen Awareness, Label Reading, Proper Hand Washing, Effective Disinfecting of Surfaces, and Recognition of Allergic Reactions Training for bus drivers and bus driver substitutes will occur according to the Transportation Department’s schedule.  The assigned bus driver and/or transportation specialist of this student will have specific-to-this-child medical plan training (emergency plan) before the first day of school.
d. Food Allergen Awareness, Label Reading, Proper Hand Washing, Effective Disinfecting of Surfaces, and Recognition of Allergic Reactions Training for classroom substitutes will be trained according to UCPS’ Substitute training schedule.
e. Food Allergen Awareness, Label Reading, Proper Hand Washing, Effective Disinfecting of Surfaces, and Recognition of Allergic Reactions Training staff members hired after the initial training in August will be trained by the school nurse when attending district-level orientation.
f. Food Allergen Awareness, Label Reading, Proper Hand Washing training for students will begin the first day of school.  Additional awareness and training will be provided as needed.
g. Food Allergen Awareness training for parents of students enrolled at SVMS will occur beginning the first day of school via information packets sent home with students.


c.4. Documentation of Training
a.   All training attendees will sign a roster of attendance, including type of training, name, position, and date of training.

d.  Staff member presence
I.  A member of SVMS faculty or staff who is adequately trained in the
           administration of an Epi-pen will be present during all directly, school-sponsored activities.


(cont'd . . . .)
« Last Edit: March 12, 2013, 08:21:51 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #13 on: September 08, 2011, 11:43:51 AM »
B.3.  Communication
e.1.  A school newsletter, written by the principal, will be mailed by August ?, 2006 with students’ schedules to the home of all students enrolled at Sun Valley Middle School.  Included in the newsletter is information regarding:
•   Food Allergens—basic information and how SVMS is addressing PTA’s.
•   Request that all students and parents voluntarily refrain from sending/bringing any peanut/tree nut products or by-products into SVMS or to any school-related activities.

e.2.  An information packet will be sent home with each student on the first day of school.  Information included in this packet will be:
•   Food Allergen information— basic information and how SVMS is addressing PTA’s.
•   Request that all students and parents voluntarily refrain from sending/bringing any peanut/tree nut products or by-products into SVMS or to any school-related activities

e.3.  Updates regarding peanut/tree nut allergies and the resulting school procedures will be included in every school or PTO newsletter.

e.4.  A request that all students and parents voluntarily refrain from sending/bringing any peanut/tree nut products or by-products to practice, games or after-sport activity was distributed by the SV Athletic Booster Club.

e.5. Peanut/Tree nut Alert” Signage will be placed on the SVMS website, in the main office, gymnasium, cafeteria, student’s classrooms, and by the front entrance stating: “A significant number of children in this school have a peanut/tree nut allergy which is life threatening.  So that all students may remain safe, we request that no peanut/tree nut products or by-products be brought in our school or to school activities.” 

e.6.  Student Handbooks includes the UCPS’s Food Allergen Policy (4-19) and Student Code of Conduct (4-3 b).

e.7. If a safe food list is provided by the student’s doctor or parent/guardian it can be made available in the front office.

e.8.  A letter will be provided to the co-bus riders (SVMS and SVHS students) of this student informing them of food allergens, risks of such, and  that eating on the bus will not be tolerated.  In addition, a statement of how bullying, harassment, or threatening of a student with a PTA will be disciplined according to the county policy for bullying, threatening, or harassment.

e.9.Special Functions (PTO and other groups using or renting SVMS)
a.  As part of the facility rental process, the applicant will be required to sign a statement verifying that no member of the group or guest of the group will bring any peanut/tree nut products into the school, function, or activity.

e.10.  There will be no peanut/tree nut products or by-products brought in to SVMS for any PTO function.


(cont'd . . .)
« Last Edit: March 12, 2013, 08:21:59 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!   

Offline ajasfolks2

  • Global Moderator
  • Member
  • ****
  • Posts: 11,938
  • Committee Member Firebird
Re: OCR Union County, NORTH CAROLINA Documents (ajasfolks2)
« Reply #14 on: September 08, 2011, 11:44:50 AM »
Medical/Emergency Individualized Health Care Plan
1.  The school nurse will attain the medical information from the doctor’s office or be provided the medical information by the parent.  This information will include the magnitude in which the student is allergic to specific nuts and peas or any other allergen.
2.  The school nurse will write, update, or change the medical/emergency plan as needed according to the student’s needs and provided medical information.

Parent Notification of All Allergic Reactions
1.  Any time the PTA student suffers an allergic reaction, the parent will be notified immediately by phone.  The notification will be done by the school nurse, the principal, or the principal designee.
2.  An incident report will be completed by the adult responsible for the student at the time of the reaction.  A copy of the incident report will be given to the parent within two days of the incident.

Requirements for the Parent(s)/Guardians(s)
1.  The parent/guardian shall provide a physician’s letter which clearly documents the presence of a food allergy that the child has and how the child reacts to the allergen(s).  The letter shall state the danger of anaphylaxis and the need for the child to have a liquid antihistamine and EpiPen with him at all times.  They shall include the types of exposure that can result in the student having an allergic reaction. 
2.  The parent/guardian shall provide the necessary antihistamine and EpiPen for the student’s self-carrying requirement as well as the medicine cabinet and at least two of the student’s teacher’s classrooms. 
3.  The parent/guardian shall provide or attain training for their child’s knowledge of recognizing symptoms of PTA exposure, thoroughly washing hands, reading labels, and self-administering of a liquid antihistamine and EpiPen.
4.  The parent is responsible for the student’s health care and medical care during all activities, events, or functions.

Requirements by the student with a PTA
1.  The student shall not eat anything given to him by another school mate.
2.  The student shall not drink anything given to him by another school mate.
3.  The student shall not drink from the school’s water fountains.  Water can be made available to
     the student from a non-contaminated source. 
4.  The student shall not share or exchange drinks or food of any kind with other school mates.
5.  The student shall sit in the peanut/tree nut free zone in the cafeteria. 
6.  The student shall communicate immediately with teachers or administrators, or “other adults-in-
     charge” of symptoms, reactions, exposure, etc. 
7.  The student shall communicate immediately if he has been bullied, made-fun-of, threatened, or
     harassed with regards to the PTA. 
8.  The student shall carry a liquid antihistamine and the prescribed EpiPen with him at all times. 


~ ~ ~ ~ ~ ~

<THIS CONCLUDES THE THIRD LETTER/DOCUMENT>





BOLD and Underline and Italics are matching the letters, to best of my ability.


« Last Edit: March 12, 2013, 08:22:08 AM by ajasfolks2 »
Is this where I blame iPhone and cuss like an old fighter pilot's wife?

**(&%@@&%$^%$#^%$#$*&      LOL!!