Letter to superintendent....I would love your input and advice!!

[Punky]

So this is a long letter I'm sending to the superintendent, 504 committee, classroom teacher, and principal. The principal is also on the 504 committee...and he still just doesn't get it as you will see from the letter below. Sorry it's so long...I was furious when I wrote it! I look forward to hearing your thoughts and suggestions. (I might need to edit this post later for privacy.)

To Whom it May Concern:

On Specific Date, there was an incident at XXX Elementary that I would like to make you aware of. As you may or may not know, my child has anaphylactic allergies to nuts and eggs. At the beginning of this school year, a 504 plan was put in place as well as a food allergy action plan to assist in providing a fully inclusive, safe, non-discriminatory environment for her while she is at school.   

During the lunch hour Specific Date, ice cream was served to the school children. I received a phone call at approximately 1130am from Mr. Principal, the elementary school principal, stating that My Daughter was upset because ice cream was being served as a reward for fundraising. He said he read the ingredients to her and the ice cream didn't contain any nuts or eggs. I asked him the brand name, which he gave me. I asked if the label indicated if it was manufactured on shared equipment with nuts or eggs and he said there wasn't a statement on the label. Without knowing the manufacturing process, there is no way to determine whether this specific product is safe for my child. So, I asked to talk to My Daughter, and was placed on speakerphone. She told me she was upset because she couldn't have the ice cream. I told her that I would bring her some ice cream from home that was safe for her to eat.

After delivering the ice cream to My Daughter, I found Mr. Principal in the office. We had a lengthy conversation about the ice cream celebration and how it was handled. Mr. Principal stated that he knew about this event in advance, but that he "didn't even think of My Daughter" because he has 300 other children in the school. He said that she "threw a fit" because she couldn't have the ice cream and that she wasn't happy with the substitute that was given to her (which was a pre-packaged rice crispy bar.)  Mr. Principal went on to say that he viewed My Daughter's situation to be just like the Muslim children who cannot have pork products and must have a special lunch. He also said that the ingredients "seemed safe". I mentioned that it could have been manufactured on shared equipment, which is not safe. He said that he taught at a culinary institute and would have no problem serving a food allergic customer.

This entire situation and conversation is infuriating, to say the least. There are several points that I feel need to be made very clear.

First of all, My Daughter's anaphylactic food allergies are considered a disability by the federal government. A 504 plan was put in place to make sure that she was not excluded from school related activities based on her disability. This was violated by blatantly excluding her from this event that the entire student body was participating in. Serving ice cream to the entire student body, and excluding My Daughter based on her disability, is a violation of her rights as defined in section 504 of the American's With Disabilities act of 1973.

Secondly, as a young child, she has every right to be upset and to make her feelings known when she is being unfairly excluded. There is a psychological impact every time she is left out of a school related event because of her disability. It affects her self-esteem and sense of self-worth. I do not appreciate Mr. Principal belittling her by telling me she threw a fit. He is invalidating her feelings, which are absolutely appropriate for her to have in this situation. I have taught her to self-advocate and speak up when she is being treated unfairly or feels she is in a situation which may not be safe.

Thirdly, her anaphylactic allergies are in no way similar to a cultural food choice. She did not choose to have this disability. A group of children with a religious belief or food preference does not compare to an individual child that can have serious, life-threatening medical consequences if she is exposed to something she is allergic to. Making accommodations for a religious group at lunch time is completely different than making an individual child with a disability feel left out and excluded during a school celebration.

In addition, outside food/treats are not allowed to be dropped by last minute in her classroom for birthday or holiday celebrations unless they are on an allergen free list. Shouldn't this pertain to school wide celebrations as well? If I had been notified of this event in advance, we could have worked together to use a brand of ice cream that is safe. Or, I have no problem providing a safe, equivocal alternative to substitute what is being served to the other children as long as I know in advance so I can plan ahead. A pre-packaged rice crispy bar is not an acceptable alternative when 300 other children are enjoying ice cream with toppings and sprinkles.

Also, in my personal and professional opinion, Mr. Principal is not qualified to determine what is or is not safe for my child to eat. He read me the ingredients on the ice cream and assumed it was okay for My Daughter to have. Despite our discussion about food allergies at the beginning of the year, he doesn't seem to realize that cross-contamination is a risk that must be avoided. Manufacturers, by law, are required to list the top 8 allergens in the ingredients if it is included in the recipe of their product. However, they are not required to list an allergen on the label if it was processed on the same equipment. A microscopic amount of an allergen can be enough to induce anaphylaxis. Therefore, it is important to avoid cross-contamination as well. I have spent countless hours calling manufacturers to determine how they clean their equipment before they process certain foods before I feed them to my child. I do not expect personnel at the elementary school to call manufacturers. However, I do expect them to confer with me in advance of food related activities so that I can determine what will or will not be safe for my child to eat and provide an appropriate alternative if needed.

Finally, it is disheartening to think that someone in charge of the well-being of all of the children "didn't think" of the impact that an event like this could have on the safety and psychosocial well-being of a child with the known disability of an anaphylactic food allergy. As part of the pre-planning that goes into every school related activity, I would expect those responsible for my child's care at school to put forth some effort to make sure she is appropriately included in all activities and celebrations.

My Daughter should be allowed to participate safely and equally alongside her peers during all facets of the school day. The emotional impact of repeated exclusion on long-term management of her disability is the underlying reason for the provisions in her 504 plan, which were crafted to specifically prevent the type of exclusion that she has experienced. I am not asking that the school district incur outrageous additional expense to purchase appropriate substitutions. I am requesting that there be pre-planning consideration for her safety and well-being. Under no circumstances should she be given food that has not been approved by me. I ask that I be given advanced notice so that I may determine whether or not she can have what is being served to the other children or so that I may have time in advance to plan for an acceptable alternative.

I feel that the classroom teacher is doing a great job of pre-planning and advance notification of lesson plans and classroom activities that may include allergens. I also appreciate that she is strictly adhering to the policy of no outside birthday treats that was set forward in the 504 policy at the beginning of the year. I expect that the same level of planning and thought go into special classes and all other school related activities. With little effort, we can all work to provide an inclusive, safe, non-discriminatory environment for My Daughter while she is at school.

Sincerely,
*Angry mom*

[SilverLining]

NOTE TO ALL MODS:  If the OP edits her post, please edit out my post at her request.

Manufacturers, by law, are required to list the top 8 allergens in the ingredients if it is included in the recipe of their product. However

Is this true in the US? 

~~~~~

I think it's an excellent letter.  One thing came to my mind that I want to mention, though I do NOT think it should be included in your letter.

The principal mentioned Muslim children at lunch.  Was this special treat (ice-cream) acceptable to their dietary requirements?  Would he plan a special reward that excluded all the Muslim children?

[CMdeux]

How long ago was this?


If it's under 48 hours, I think that you need to write a new version now that you've gotten the angry one written.  (Hey, not a criticism, per se-- just saying that we've all been there done that at some point... and less emotion is best, unfortunately.)
In short, this is WAY too long.

Your points need to be trimmed to bullet points so that they are actually read by the recipients, and you need to frame them in terms of the 504 plan.  Leave out "other children."  Though I'd leave it in the narrative, because THAT statement was not okay coming from the principal either.  Religious food restrictions are not something that the school can just IGNORE or make a cause for ostracism, either.


It's pretty clear that your points of being peeved are:

a) this was PLANNED.  PLANNED exclusion.  Yikes.  By educators.  So why in the hell weren't you notified in advance??  This is a violation of the 504 plan.

b) A school staffer was verbally willing to take on the (awe-inspiring) liability of determining safety for your food allergic child.   No, no, no, no-- a THOUSAND times no.  And the SD attorney should be thrilled to tell him so.  What does your 504 plan state about school staffers determining food safety?  I.thought.so.

c) NOBODY disses a FA child for speaking up about a disability-related matter. No way, no how.  Long term, this kind of damage is virtually incalculable, particularly in girls, and in those children with a reluctance to be set apart from their peers.  As adolescents, those kids would literally rather DIE than be different-- and unfortunately, some of them will.  Might say something about "rebuilding trust" in this particular point. 

[rebekahc]

Overall, I agree it's an excellent letter.  I'm sure the awesome wordsmiths here (which I'm not) will have some tweaks to suggest.

The only thing I have to add would be to mention in loco parentis and liability in the paragraph where you talk about the principal suggesting he is qualified to determine the safety of food for your DD.

[Punky]

Manufacturers, by law, are required to list the top 8 allergens in the ingredients if it is included in the recipe of their product. However

Is this true in the US? 

It's my understanding that the FDA requires all manufacturers to list the top 8 on the label in plain language. Here's a link with the fancy terminology:
http://www.fda.gov/food/labelingnutrition/FoodAllergensLabeling/GuidanceComplianceRegulatoryInformation/ucm106187.htm

The principal mentioned Muslim children at lunch.  Was this special treat (ice-cream) acceptable to their dietary requirements?  Would he plan a special reward that excluded all the Muslim children?

Good point! The Muslim children were partaking in the ice cream celebration. I'm not sure if it was acceptable to their parents, but the children were enjoying themselves! 


Thank you CMdeux. I agree that it's too long and would be much more powerful with my points shortened up. I will change that and use some of the language you've provided.

The incident was about 2 weeks ago, so I have had time to cool off although I'm still livid everytime I think about it! I mean, this man has a doctorate in childhood education and he sees nothing wrong with what he is doing to my child.

This isn't the first incident either. From subs bringing bribes (er....candy) to using hazelnuts and dried pasta in music class...it's just one thing after another it seems.

[CMdeux]

Great gravy YES-- I was steamed when I read the letter, and it wasn't even my child.

Frankly, he comes off as a complete arrogant horse's backside and you have my sympathies.  He thinks his degree has conferred upon him a magical expertise in everything apparently...

"Well, this thought came through my head, see...  THAT is how I knew.  I think it, therefore it must be so.  I have spoken."       

Maybe the superintendent can talk some sense into him.

One other recommendation--

CC: the super.

Then your form of address can be a little more... er...  "collegial" in nature, since you're addressing the 504 team.  You know, the TEAM...  <cough-cough> since you're a TEAM PLAYER yourself...

boy, I'll bet you are frustrated with the principal for not being a good <ahem> team player, huh?

I'd also add in your closing statement a willingness to MEET as a team if necessary-- and an observation that there is clearly a gap here since this happened.  E.g.-- whose job IS it to "think" of these things in the planning stages??  Is it not clear at the moment??  (Not asking you-- mentioning that you might want to point that out.)

[rebekahc]

Oh, one other thing...

If I had been notified of this event in advance, we could have worked together to use a brand of ice cream that is safe. Or, I have no problem providing a safe, equivocal alternative to substitute what is being served to the other children as long as I know in advance so I can plan ahead.

This could very easily open the floodgate of treats.  In their minds that will read you're fine with treats as long as you have advance notice...  Don't relinquish your DD's right to FAPE.  You constantly having to jump through hoops (and you know the principal will secretly enjoy watching that) to provide equivocal treats doesn't equal FREE.

[Punky]

Frankly, he comes off as a complete arrogant horse's backside and you have my sympathies.  He thinks his degree has conferred upon him a magical expertise in everything apparently...

You hit the nail right on the head with that!! He does come across as pompous and full of himself. Most of the parents snicker and roll their eyes during his speeches at various events because his demeanor is so obnoxious.

Oh, one other thing...

If I had been notified of this event in advance, we could have worked together to use a brand of ice cream that is safe. Or, I have no problem providing a safe, equivocal alternative to substitute what is being served to the other children as long as I know in advance so I can plan ahead.

This could very easily open the floodgate of treats.  In their minds that will read you're fine with treats as long as you have advance notice...  Don't relinquish your DD's right to FAPE.  You constantly having to jump through hoops (and you know the principal will secretly enjoy watching that) to provide equivocal treats doesn't equal FREE.

Yes! Thank you for pointing that out. I completely agree and removed it from my draft. It's just to difficult to accomodate their repetitive food-fests last minute and instead I need to stand firm that they should be accomodating DD's LTFA - no exceptions!

The final draft is a little shorter, bulleted, and slightly more matter of fact rather than emotionally reactive.

Thank you all for your help. 

[ajasfolks2]

If you still have not sent & can do this without making it too long:  at each bulleted concern, perhaps offer the "solution" as would be best according to 504 and nondiscrimination/inclusion?

Just a thought.

Best to "give" them the answers when at all possible . . . sometimes their creativity and resources are NOT the best, know what I mean?

[Mfamom]

If you still have not sent & can do this without making it too long:  at each bulleted concern, perhaps offer the "solution" as would be best according to 504 and nondiscrimination/inclusion?

Just a thought.

Best to "give" them the answers when at all possible . . . sometimes their creativity and resources are NOT the best, know what I mean?

Yes, that's what I was going to add.  You need to expand on your 504 to show the solutions. 
Any celebration, classroom activity etc. that includes food of ANY kind needs to be shared with you one week prior to the event.  You need to know EXACTLY what the food is etc.

I remember feeling like I had it all covered....then, one day my ds came into his room after lunch and there was dried peas, grass seeds and other stuff on his desk for a growing seeds project.  He was uncomfortable because he didn't know exactly what it was and he'd just broken out in hives the weekend before after handling grass seed in our backyard.

So, they need a process.  Anything regarding food needs to be communicated to (nurse, principal, etc) and that needs to be passed to YOU.  Within 1 week for your approval.

also, I'm terribly uncomfortable with the Principal (reading the label, comparing your child's allergies to preference etc).

[rainbow]

Good letter. Maybe tighten it a little. Take out the word "infuriating" because it sounds too emotional.

Another thing about this situation is that the disability of anaphylactic food allergy can also be handled with appropriate privacy for the child, without calling attention to her disability in front of her peers. Ie, giving her a packaged rice krispy treat calls attention to her disability, when there are other options that do not (ie, providing safe ice cream or a non-food activity) and therefore are more inclusive. 

The principal is an idiot. His comparison to religious food choices is irrelevant.  This is a SAFETY issue and one your child can DIE from. IN fact, I'd put the word "fatal" or "life threatening" in there more prominently. 

Also, there is a liability issue. Mention this activity was UNSAFE for your daughter, and had she eaten the ice cream, the consequences could have been severe/life threatening.