Law Allowing Students to Carry Epi-Pens (Fairfax Co.)

[allerav]

Our DS6 was permitted to carry an EPI in his backpack and had one stocked in the classroom (in addition to nurse's office) this past year.  For next year, the school nurse is dead set against the backpack/classroom scenario.  Can anyone point me towards federal/state/Fairfax Co., Va. laws/policies that can help us fight this? Thanks in advance.

[maeve]

Our DS6 was permitted to carry an EPI in his backpack and had one stocked in the classroom (in addition to nurse's office) this past year.  For next year, the school nurse is dead set against the backpack/classroom scenario.  Can anyone point me towards federal/state/Fairfax Co., Va. laws/policies that can help us fight this? Thanks in advance.

In order for your child to self-carry in VA, your doctor has to sign off on it.  I'm in Loudoun and the sign off for self-carry is on the allergy form.

[Macabre]

Or, it simply has to be a part of the 504 plan. We don't have documentation from our doctor about DS self-carrying, but it's in his 504.  I'm in Central VA.

[ajasfolks2]

The school nurse (is it the public health nurse assigned to your cluster?  or is it the school health aide?) cannot veto the child's right to and necessity of self-carry as to epinephrine.

Here is one link to version of Virginia law:


http://www.aanma.org/pdf/Virginia.pdf


You can also find it via the State BOE website.



Fairfax, despite its new "allergy policy", seems unable and/or unwilling to mandate and enforce state and federal laws regarding hidden medical disabilities such as LTFA (life-threatening food allergy).


~ ~ ~

For what it's worth, we are former Fairfax family.

We were first at an elementary school to get 504 for LTFA -- there were at least 25 - 40 other students at that school with LTFA.  Our child self-carried.  All of those other students had their epi's locked up in clinic aide filing cabinet in office.

It was an outrage, IMHO.

[ajasfolks2]

Link to older VIRGINIA resource thread at our former website.

Some links may be broken due to FCPS re-doing website.

http://allergy.hyperboards.com/action/view_topic/topic_id/4247

[ajasfolks2]

Fairly recent FCPS flier:

http://www.fcps.edu/dss/osp/healthservices/alergy_info_flier06.pdf

(But I think some of the links don't work due to website changes . . . but at least you might be able to see the doc name in some form and successfully search.)

Link to current FCPS info (more links there too): 
http://fcps.edu/dss/osp/healthservices/allergies.shtml



MAKE your school nurse put in writing her REFUSAL to allow self-carry and her supposed "reasons".  If she won't put in writing -- then send her a letter of understanding (LOU) documenting your understanding of her "reasons" as to disallowing.

Make her refute (or agree with) your understanding in writing.

If you want to discuss via PM here -- you'll need to register (it's free!).

Feel free to PM me.

~e

[maeve]

As McCabre noted, we also had it as part of DD's 504 that she would have an EpiPen and inhaler in her backpack in her classroom (in addition to the meds in the clinic).  We changed that this past year to her carrying her meds in a purse and still had meds in the office.

[ajasfolks2]

Thinking about this some more (after all the challenges we had in FCPS . . . )

Propose a solution to nurse:

One epi will be in child's classroom at all times (out of reach of other children, yet UNlocked).  Child will wear epi-pen on person using something like Spibelt product:

http://store.spibelt.com/Kid-s-Belts-s/22.htm

REI and some sporting goods stores in area carry this or similar, if you want to see in the flesh.

And then there should be back up pair in office.

(Be sure to check what you have for EMT level available to your school -- some do not carry epinehrine, so you need the extras to go with child in ambulance, in event anaphylaxis recurs and have not reached medical facility.)

~ ~ ~

It *may* be that the nurse's problem with self-carry is the too-accessible-by-others backpack?



Child may remove belt for P.E. and the P.E.  teacher on duty must wear/carry.