Dr. Biegler testified that Mystic Valley feared an increase in liability by imposing a ban. (Testimony of Dr. Biegler) He explained that if said policy were in place the staff would have a false sense of security and would fail to act as diligently as they would without the ban. This argument is not persuasive first, because the Parents never argued that this ban should be implemented to the exclusion of any other accommodation which is already in place (eg., teacher checking students’ lunches and snacks daily, sanitation protocols). Those accommodations should stay in place. Second, this charter school imposes numerous other additional bans regarding food, dress code, make-up, hair style, personal appearance, body piercing, jewelry, weapons, drugs, smoking, etc. For an infraction on each of these, the student’s handbook states a consequence. (PE-24; Testimony of Ms. Kinnon, Mr. Biegler) Dr. Biegler testified that for the most part, parents and students comply with the school rules and that the most common infraction has to do with food. Dr. Biegler stated that “if you have a ban there will be violations” (Testimony of Dr. Biegler) While infractions may occur, Mystic Valley’s own experience shows that having a policy in place is a deterrent and that more often than not students and parents follow its strict policies. Also, as is the case now, if a student brings a forbidden food item it is taken away and the student is offered the alternate lunch.
The evidence shows that personal agendas may have gotten in the way of Mystic Valley’s administration’s better judgment. (See testimony of Ms. Kinnon, Ms. McKinnon, Dr. Biegler) Mystic Valley does not have the best track record in avoiding accidents that could have had a tragic outcome; incidents like the distribution of M&Ms in the bus, not checking a child’s snack containing a peanut product before the child began to eat it in the classroom are some examples. Mystic Valley has been fortunate in avoiding having to address a life-threatening situation involving Student, but a child’s life cannot depend on fortuitous events when the inconvenience of the alternative could significantly decrease the life- threatening risks to a student.

Since Mystic Valley failed to introduce substantial evidence with respect to the costs or other burden of implementing the peanut/tree nut free classroom for Student, there is no basis to conclude that the accommodation sought by Parents imposes an undue hardship on Mystic Valley. Moreover, Student did show that he requires the aforementioned accommodation and that it can be provided. I find that Student met his burden but Mystic Valley did not meet its burden to show that the accommodation would cause it undue hardship. See Garcia-Ayala v. Lederle Perenterals, Inc., No. 98-2291 (1st Cir. 5/18/00) cited in In re: Worcester, at 26, 27. 

Order:
Mystic Valley Regional Charter School shall implement the following accommodations under Student’s 504 Plan:

1. No peanut/tree nut products are allowed in Student’s classroom.

2. All other accommodations accepted by Parents shall continue to be implemented.

3. Child must have access to all classroom activities such as the celebration of the Chinese New Year, accommodated accordingly ie., no restaurant prepared food, food preparation not to include peanut oil, etc.

4. Letter to parents of classmates must describe Student as a child that has a “life-threatening allergy” not a “severe reaction” which is misleading. Provide an informational session to Parents and additional training to staff timely.
5. Provide an orientation to Student’ s classmates regarding Student’ s life-threatening peanut/tree nut allergy. So Ordered by the Hearing Officer,