Food Allergy Support

Discussion Boards => Schools and Food Allergies => Topic started by: Stinky10 on October 28, 2014, 05:22:55 PM

FAS has upgraded our forum security. Some members may need to log in again. If you are unable to remember your login information, please email food.allergy.supt@flash.net and we will help you get back in. Thanks for your patience!

Title: New School Policy Bellevue WA
Post by: Stinky10 on October 28, 2014, 05:22:55 PM
Date: Tuesday, October 28, 2014, 10:53 AM

Dear Parents and Guardians,


For student safety, Bellevue
School District has changed its policy regarding food in the
classroom and during instructional times which includes
lunch and recess.  This letter outlines the specific
changes along with the rational for the change.  Please
take a few minutes to read this letter for the safety of
each and every student.

There have been a number of
emergencies related to food allergies around the district
raising significant concerns about food in the classroom and
at school events. In our district we have students who are
allergic to peanuts, kiwi, celery, watermelon, soy, dairy,
and eggs as well as other foods.  To ensure that each
and every student remains safe at school, important changes
have been made to our Anaphylaxis Prevention and Response
procedure (3420P).  These changes are effective
immediately. 

The items highlighted in this
letter and the attached FAQ are not exhaustive.  We
encourage you to read the entire procedure, 3420P Anaphylaxis Prevention
and Response, which can be found on the district
website:  http://www.bsd405.org/about-us/policies-procedures/3000-students.aspx 

The most significant change
made by this procedure is the prohibition of using
food items (homemade and/or store bought) for rewards,
incentives, cultural events, celebrations and events during
instructional time including lunch and recess.
 Teachers may allow mid-morning and/or
mid-afternoon snacks. If your student’s teacher allows
snacks, you may provide your child with an individual snack.
 Your teacher or school nurse can provide you with a
list of food items not to send, as an individual snack, due
to food allergies in your child’s classroom or
school.

If
food items are brought to school to share with other
students, please anticipate those items being returned home
with your student. 

According to FARE (Food Allergy
Research & Education), one in thirteen students has a
food allergy.  This is roughly two students per
classroom.  Nearly 40% of these students have already
experienced a severe or life-threatening allergic
reaction.  As a school community, we must be diligent
in our attempts to prevent this from happening to any of our
students.
     

Thank you for your attention
and compliance with the revised procedure and for your
assistance in keeping each and every student safe at
school.   
   


 

FAQ’s

 


             Can my student
bring a snack from home to eat in class? Please
check with your student’s teacher first to confirm that
snacks are allowed in their classroom.  If snacks are
allowed, please be mindful of what you send with your
student as an individual snack item.  Your teacher or school nurse
can provide you with a list of foods not to send, due to
food allergies in your student’s classroom or
school.

             
             My student is in a
classroom with classmates that have food allergies.
Can my student bring anything s/he wants to eat for lunch?
Please check with your student’s school nurse or
office to confirm that there is a separate table at lunch
for students with allergies or if there is a specific
school-wide prohibition on specific food
items.

             
             Can I send in cupcakes
or cookies for my child’s birthday?

             No, the updated Anaphylaxis Prevention and Response
procedure ‘prohibits the use of food items for rewards and
incentives to students and for celebrations and
events.’  A birthday party is considered a
celebration.  Please consider non-food items, such as
stickers or party favors, as a way to celebrate your
student’s birthday with classmates.

             
             The Fall Party is this
week.  Can I bring in candy for the Fall Party on
October 31st?

             No, the updated Anaphylaxis
Prevention and Response procedure ‘prohibits the use of
food items for rewards and incentives to students and for
celebrations and events.’   This procedure went
into effect immediately and food items are no longer
permitted for celebrations including holiday parties.
Please use non-food items to celebrate.


             
             My student’s class
earned a pizza party.  Can I send in pizza to be eaten
during lunch time?

             No, the updated Anaphylaxis Prevention and Response
procedure ‘prohibits the use of food items for rewards and
incentives to students and for celebrations and events’
during instructional activities. Food items are not
permitted during instructional activities including lunch
and recess.

             
             Can I bring in treats
and share them with my student’s class during
lunch?

             No, food items are not permitted during instructional
activities including lunch and recess.

             
             What will happen if I do send my
student to school with food items as treats to share with
their class or for an event?  All
schools have been directed to return any treats that are
food items home with the student.
Title: Re: New School Policy Bellevue WA
Post by: Macabre on October 28, 2014, 05:40:30 PM
Can I bring in cupcakes?

Hell no


can I bring candy?

Hell no.




Wow.
Title: Re: New School Policy Bellevue WA
Post by: becca on October 28, 2014, 06:11:34 PM
 :thumbsup: :happydance:

Awesomesauce!
Title: Re: New School Policy Bellevue WA
Post by: yelloww on October 28, 2014, 06:28:38 PM
Wow! They sure put their foot down!!  :happydance:
Title: Re: New School Policy Bellevue WA
Post by: momma2boys on October 28, 2014, 07:53:27 PM
That is amazing!!! Hopefully someday this will be the standard at all school districts.  :happydance:   :thumbsup:
Title: Re: New School Policy Bellevue WA
Post by: CMdeux on October 28, 2014, 08:10:41 PM
Quote from: Macabre on October 28, 2014, 05:40:30 PM
Can I bring in cupcakes?

Hell no


can I bring candy?

Hell no.




Wow.


LIKE-LIKE-LIKE-LIKE-LIKE....



 :cocktail:  I lift my glass to The Bellevue SD.  WAY TO GO!!!

Title: Re: New School Policy Bellevue WA
Post by: MaryM on October 28, 2014, 08:16:05 PM
Awesome! :thumbsup:
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on October 28, 2014, 08:18:31 PM
I'm just in awe....shock....shock and awe.   I hear that there is a meeting at one of the elems to discuss it and roll it out.  emails like the one I posted are being sent and forwarded like crazy.    We got one from DS's school principal complete with interpreter links for 6 languages.  :happydance:   I do dread that something may have happened to cause this oddly timed and swift action.   It's huge!  Brings tears to my eyes, makes me want to tell ds's principal  " I toooooolllllllddddddd you"   lol  "don't ever doubt me!"  ;)  I think about all the kindergartners, and young students who will be spared so many unsafe, awkward, sad moments at the hands of well meaning people who are just ignorant about FA. I really hope nothing bad happened and that there is not too much backlash. 
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on October 28, 2014, 08:19:45 PM
think of all the Halloween parties that were already planned.....oh boy!
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on October 28, 2014, 08:34:15 PM
I feel like I've been trying to move a mountain and the whole thing came down in an avalanche.....
Title: Re: New School Policy Bellevue WA
Post by: hedgehog on October 28, 2014, 08:54:45 PM
Just be aware that some schools, some that I know very well, have official policies regarding shared food that are not followed as they are supposed to be.  If the teacher is not on board it may be allowed and not reported to school nurse or principal, or whoever. But I hope that your school does follow these new rules.
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on October 29, 2014, 01:19:28 PM
Hedge - we have lots of guidelines and recommendations that are not followed....but Policy - is usually followed and if not easily corrected.   At least that has been my experience so far.
Title: Re: New School Policy Bellevue WA
Post by: maeve on October 29, 2014, 02:53:09 PM
That's amazing. I wish all school districts would do this even if it is likely motivated by avoiding law suits.
Title: Re: New School Policy Bellevue WA
Post by: ajasfolks2 on October 29, 2014, 08:39:42 PM
Quote from: becca on October 28, 2014, 06:11:34 PM
:thumbsup: :happydance:

Awesomesauce!


OK, I so had fun with becca's response.

I am Sooooooooooooooooooooooooooo going to bring that policy in to our school district and some new personnel that seems to be aiming along these same lines.

Let's go bi-coastal on this, people!!  Washington to Washington DC-area  !!!!  Suh-weet!!!!

 :thumbsup:
Title: Re: New School Policy Bellevue WA
Post by: ajasfolks2 on October 29, 2014, 08:40:59 PM
Stinky,

I have to believe that you've contributed to this avalanche, and by association, so have we at FAS.

Thank you for sharing!!

 :smooch:
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on October 30, 2014, 01:05:31 PM
Quote from: ajasfolks2 on October 29, 2014, 08:40:59 PM
Stinky,

I have to believe that you've contributed to this avalanche, and by association, so have we at FAS.

Thank you for sharing!!

 :smooch:

Absolutely it was people from here who informed my philosophy (which wasn't easy - I thought he should buck up and deal with it) and then informed my argument.   SO many people from here and the places we called home before here.....many that aren't around anymore and some that are - too many to mention but Macabre handed me her DS's 504, letter and arguments that served as my template and I will forever be grateful for that!

I do think that we helped Bellevue see the issues, I know I helped them KNOW that LTFA qualified for a 504 (LOL) - and my DH was always pushing for FOOD FREE.

Honestly I'm still in shock and worried that something bad happened. 

But EVERYONE here helped me - whether they argued with me, helped me, gave a different POV, moderated, etc......    :happydance:
Title: Re: New School Policy Bellevue WA
Post by: Macabre on October 30, 2014, 05:14:49 PM
:smooch:
Title: Re: New School Policy Bellevue WA
Post by: CMdeux on October 30, 2014, 06:11:30 PM
 :smooch:  Again-- don't forget to pat YOURSELVES on the back, Stinky.  You and your DH, I suspect, have been a huge part of this day coming to pass.

Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on November 02, 2014, 12:00:01 PM
Well, the stinks hitting the fan.  :(

People are blaming the School Board who apparently had nothing to do with this.  Meeting is on Tuesday

and here is what one board member thinks:

https://www.facebook.com/permalink.php?story_fbid=758413937539400&id=230650703649062
Title: Re: New School Policy Bellevue WA
Post by: devnull on November 02, 2014, 01:09:36 PM
A challenge was destined.  Be prepared to counter it successfully.

Based on the opinion expressed in the link you provided this particular board member does not seem to acknowledge that anaphylaxis is increasing, not decreasing, so the number of incidents of accidental ingestion because of curricula or classroom use of food would be not be reduced if the use itself is not curtailed if she is truly interested in investing herself into greater education and examination.  Neither does she seem to embrace her position as an education board member the responsibility to safety, inclusion and FAPE.  Certainly I could anticipate her coded response that she wants to "learn" how to "safely" include food, which really and truly the horse trade she's after despite the evidence before all that students were put at risk by use of food and have had life threatening reactions to which the district has responded promptly to.

Ms. Chew certainly has a challenge before her in this role: Adapt. Innovate. Lead.

I would think the greater challenges are to come in the form of organized resistance and potentially national attention.  This is a bit of a petri dish in terms of policy test.
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on November 02, 2014, 07:03:01 PM
erg
trying to find out what drove the policy.   ds's principal said he had no idea, but is worried about the impact to low income kids.  I've asked him how this would impact them. 

I'm drafting my letter.

might post in off topic for now
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on November 03, 2014, 12:30:07 AM
this is from a teacher I know....

I would like to share my thoughts about the recent action taken by Bellevue School District leaders regarding food in school.
On the professional level, I support the action taken for the following reasons:
(1) Clarity
The action taken holds all members of the BSD community (staff, students, parents, and community) to the same clear standard.
(2) Inclusivity
The action establishes a genuinely inclusive tone. All students can now have the same experience at each in-school celebration.
(3) Equity
Regardless of socio-economic and cultural background, all students in BSD can now have similar experiences in school.
(4) Safety
The action taken allows BSD greater confidence in our mission to ensure the health and safety of all children in our care.
On the personal level, I support the action taken for the following reasons:
(1) First-hand relationship with children with life-threatening food allergies and their parent(s).
Hearing the (elementary-aged) child’s experience (and what their parents do to support their child) is heartbreaking. These individuals, many of whom are quiet, regularly feel subtle exclusion because of previous practices. Why subject children to repeated exclusion?
Unexpectedly learning it was my dentist’s daughter who was the child at Puesta.
(2) Personally, as a “minority” who has allergies and chronic medical conditions cause me, a middle- aged adult, to feel excluded and marginalized because I am unable to fully participate despite my desire to do so. I’m often left (quietly) feeling like a “weirdo” when I can’t do something or I need special accommodations. All I really want is to be “like everyone else.”
(3) The party was far easier to clean up! Less mess!
(4) Provides people planning events opportunities to be more creative. I have my students plan parties and they solved the problem immediately and the party was great.


((love))
Title: Re: New School Policy Bellevue WA
Post by: Janelle205 on November 03, 2014, 01:03:46 AM
I would think that no food would be preferable for low income kids.  For someone coming from a food insecure household, I think that it could be very upsetting to see how another student's parents can bring in tray after tray of extravagant goodies.
Title: Re: New School Policy Bellevue WA
Post by: CMdeux on November 03, 2014, 12:11:36 PM
I would think so, as well-- and in spite of the warm-fuzzy-happy theoretical "inclusivity-ethnic-diversity" PICTURE that administrators and even some teachers have re: food sharing and inclusion within the curriculum...

let's face it, a certain percentage of kids-- esp. elementary kids-- are VERY picky eaters, and they are very definitely not shy as-- er, well, "food critics" let's just say.

So if a lower income child in a classroom, whose parents are ethnically different from other classmates, brings in "treats" to share, is that going to be positively received by children who are used to upscale cupcakes from the expensive local bakery?  Or is it more likely to be paradoxically divisive and a point of shame for that child?  I'm guessing the latter-- from experience, let me add.

FA children often experience that even when Mom/Dad do bring in (expensive) or home made treats to share.  The kids with a palate for the commercial, highly-processed stuff?  Yeah, they turn their noses up and mock.

I can't imagine the shame of bringing in something that one's classmates will openly treat like roadkill after having seen them snarf down "Ritzy Bakery" cookies or cupcakes that the more privileged classmates have brought in.  KWIM?

Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on November 03, 2014, 12:48:08 PM
I got an excellent response from a nurse in town - can't post it.  :(

She agrees - low income families will be helped by this by relieving the pressure to provide bday treats.

Here is the letter I sent to the board.   I'm out of time to edit/re-write so I let it fly.   Must work now.  :)   I am going to the board meeting tomorrow night - so any and all ideas/thoughts are welcome! 

Dear Bellevue School Board,

This is regarding the recent huge step forward in making our district’s schools safe and inclusive for all children.  It has come to my attention that at least one of the Board Members opposes this procedure and has put the topic up for discussion at the upcoming board meeting.

As the parent of a child with a life threatening food allergy I wholeheartedly support the new procedure even though it will not materially affect my son.  It won’t affect him because I have ensured that his rights to FAPE are met through a 504 plan.  One of the basic accommodations is that all rooms that he has classes in are FOOD FREE rooms.   It has never been clear to me why this isn’t the case for all children with life threatening food allergies.   The district is responsible to provide FAPE even if the parents are unaware of their child’s rights.    I have had to advocate year after year for my son’s safety and inclusion, even though it is his right and your duty to provide a safe and inclusive education.   We get there each year, but it takes time educating the educators and attorneys.   

The new procedure is clear, easy and concise.   It is fair, equitable, enforceable and provides a safe and inclusive learning environment for all children.   It is in line with federal disability laws, and health and wellness mandates.  Having food at parties, celebrations, events, etc. is tantamount to having weapons there.   Could your non allergic child enjoy a party when there was a weapon on the table?   Could they then engage in higher learning without impact? 

There have been years at Bennett elementary when the whole grade decided to go food free for a multitude of reasons.  They were fun years led by smart teachers.  But unfortunately, over the years my son has faced the stigma of being the “allergy kid” and the reason why his class can’t have a food party.  He’s attended the Cherry Crest Welcoming party only to feel unwelcomed and unsafe as there was nothing served there that was safe for him.  I thought of the children with dairy allergy as there was ice cream on all of the surfaces and  play equipment.   I’m sure that the dairy allergic didn’t attend the event given the name “Ice Cream Social” but they were put in danger by it none the less given the contamination of the area.  This so-called community building event , held at a school adorned with UNITY signs ironically excludes food allergic children and their families.    The amount of food and parties surrounding fifth grade “graduation” was dangerous (unsafe food served in the dark at a dance) and overwhelming.  There were half a dozen events where food was served.  It was extreme. 

Allowing food parties, personal birthday parties with cupcakes and ice cream, and food reward programs negate the Wellness Policies and go against the Federally Mandated nutritional guidelines and of course the disability laws.  Recently a “nut-ban” was challenged in the courts, the ruling is attached.   

Calling this change in procedure extreme is shortsighted.   Having a child die in your school is extreme and that frankly is the threat that we are faced with.   I’ve met family members of children who have died in WA State schools, with an action plan, and an epi pen in the room, unused while the child is dying on the floor.   We know that teachers, well meaning, in this district have encouraged children to ingest their allergen.   It is not extreme to stop this careless practice and give teachers clear guidance.   It is extreme to wait until there is a death in Bellevue to support this procedure. 

I was honored to meet with Superintendent Randy Dorn to discuss this very issue this spring.  There are dozens of guidelines, hundreds of pages of policy, papers from the CDC the OPSI, action plans, health care plans, 504 plans, state law, federal law, etc.  and yet this one simple policy will stand to greatly simplify them all.  The pages and pages, the training, negotiating, meetings, time and money spent all so we can have cupcakes or culturally meaningful food in a class room is a waste of our precious resources and is not “community building” when it endangers and excludes a growing number of students and families.  Much of that is resolved by this new policy and I for one think it’s brilliant.

I would like to see the School Board understand and support this procedure and focus on implementing the stocking of epinephrine for schools.   http://app.leg.wa.gov/RCW/default.aspx?cite=28A.210.383.    The wonderful (overworked and understaffed) nurses, families of lower economic means, food allergic children, diabetic children, obese children, and our teachers themselves would be much better served with your support.

Further this takes us off course in dealing with academic performance, emergency procedures, flu,  school shootings,  etc.    The use of food in schools in Bellevue prior to this policy was out of sync with the health, wellness, and academic success of our students.   
Title: Re: New School Policy Bellevue WA
Post by: CMdeux on November 03, 2014, 03:11:55 PM
{APPLAUSE}



NICE.   VERY nice.   :yes:
Title: Re: New School Policy Bellevue WA
Post by: Macabre on November 03, 2014, 03:23:23 PM
Wow Stinky. That's great.
Title: Re: New School Policy Bellevue WA
Post by: guess on November 03, 2014, 04:04:36 PM
Very solid.  I raise my glass (of tea) to you.  :cocktail:
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on November 03, 2014, 04:35:24 PM
I'm concerned.  I'm very concerned.
Title: Re: New School Policy Bellevue WA
Post by: guess on November 03, 2014, 04:57:23 PM
Stinky, this is all you can do.  It's working towards resolution, it has to withstand challenges.  Will it?  We've seen backlash before we all know what it looks like so if this is coming down to a public relations court of opinion trial then all who stand with the new policy need to step forward in a united front.  On the bright side this is policy and not law so it doesn't take quite as much to alter, AND whatever comes it needs to be compliant with federal and state laws.

Regardless, well structured argument in my opinion.  The more I read of legal writing clarity always wins the day.  It is a very coherent letter.
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on November 04, 2014, 09:37:23 PM
Oh my.  that was rough.   My husband was the only one who spoke in favor of the policy.   I didn't think that I could handle it and wasn't sure if I would get there in time.  I will use all of their impassioned against them to show just how much food is in our district. 

there were kids who spoke against it

teachers unable feed the poor - count beans - and on and multicultural on

I'm spent

the nurse told us to leave - she has our backs - 16 epi's used in the district last year

***  also I keep hearing that there is a federal mandate coming to remove food/snack from classrooms  ***
Title: Re: New School Policy Bellevue WA
Post by: Macabre on November 04, 2014, 11:53:59 PM
Stinky I am sorry.

I don't even know how to begin so that people will get it. We come from a fundamentally difderent place than the food monsters. We have different value sets. I don't think it's easy to break through that.
Title: Re: New School Policy Bellevue WA
Post by: Macabre on November 04, 2014, 11:54:18 PM
(((Hugs)))
Title: Re: New School Policy Bellevue WA
Post by: CMdeux on November 05, 2014, 12:12:09 AM
It really is about living in a completely different world.

 
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on November 05, 2014, 11:15:09 AM
The Bellevue School District Board of Directors has retained Policy 3420 but suspended the recently updated Procedure 3420 Anaphylaxis Prevention and Response. The BSD will be using the last approved Procedure 3420 until revisions to Procedure 3420 is completed by February 2015.
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on November 05, 2014, 11:17:17 AM
Post from a board member:

Food in Schools and Anaphylaxis Prevention - an update on the recent procedural changes at BSD

 Following a somewhat rushed rollout of a staff update to an operating procedure (3420 - Anaphylaxis Prevention and Response), we heard many voices from across our community. I learned many things including these:

 (1) The recent procedural update was not adequately thought out (particularly with respect to unintended consequences) nor did it engage the community sufficiently to reflect the breadth of food related needs and concerns across our district.

 (2) We have a growing number of students with life-threatening anaphylactic conditions, several of which have manifested (for a variety of reasons) during school time, and that should be addressed in a way to further reduce risks to those children in our schools.

 At Tuesday night's (11/4) school board meeting, the board requested that the staff temporarily roll back the recent (October 2014) updates to the anaphylaxis prevention procedure and begin a process to more comprehensively consider appropriate changes to the procedure. The board requested that a date be set for the updates to be completed and that the update process engage the community. The staff accepted this request and will communicate next steps shortly. Updates to the procedure are expected to be made before February 14, 2015.

 (Note that anaphylaxis prevention is only one reason for the regulation of food in schools. Any school-specific or classroom-specific rules about food are not impacted by this temporary procedural roll-back.)

 Our community - parents, teachers, students, nurses, community members, etc. - has been exceptional in exposing a breadth of perspectives on this issue. It is my hope that subsequent procedural updates will take into account not only a balance in how we reduce risks to our students, but also a variety of approaches to reducing risk and intentional consideration of implications to both safety and inclusion.

 I believe our staff will work with both the best interests of our students and the inputs of all of our community members in mind. I personally hope to see many of the issues discussed at our board meeting addressed in the next round of procedure updates. Some examples include:
 * enhanced education, including a specific plan for student education (that may need to acknowledge age-based differences in students' capacities for awareness and action)
 * availability of stock epi pens in our schools for approved use in emergencies
 * additional clarity in some of our cafeteria food labels/ingredient info
 * specific communication guidelines for schools and classrooms to share with families (including how to differentiate between life-threatening allergens and other allergens of concern in a given building or classroom)
 * specific consideration of the breadth of reasonable uses of food in academic projects, educational experiences, and community building balanced with reduction of exposure of affected students to relevant allergens; clarity about the conditions under which any constraints in the use of food are applied

 I am grateful to our community for its passion and courage in sharing ALL points of view. I hope this passionate and respectful dialogue continues as the procedural updates are developed.
Title: Re: New School Policy Bellevue WA
Post by: Macabre on November 05, 2014, 11:43:08 AM
I could have missed it, but I think I didn't see inclusion refered to at all.
Title: Re: New School Policy Bellevue WA
Post by: becca on November 05, 2014, 12:15:09 PM
Gah.  it hurts reading all of this, and I read on the Facebook page.  It is similar to what I experienced in my town about 8-9 years ago.  it was rough.  :(  After a big brouhaha little changed.  Fewer birthdays, and a bit more control over party foods, but still cultural festivals with food, breakfast with Shakespeare, Pilgrim fest, etc...  Ugh. 
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on November 05, 2014, 12:38:15 PM
Quote from: Macabre on November 05, 2014, 11:43:08 AM
I could have missed it, but I think I didn't see inclusion refered to at all.

I haven't either.   I will draft a very comprehensive report to the board.   When I recover.
Title: Re: New School Policy Bellevue WA
Post by: CMdeux on November 05, 2014, 04:07:56 PM
OUCH.    :-[   it really stings when the louder CHORUS of majority ignorance drowns out the very real issue at the bottom of policy changes like this.   :disappointed:
Title: Re: New School Policy Bellevue WA
Post by: Mfamom on November 05, 2014, 06:17:22 PM
I read it on fb.  disheartening to say the least.  Upsetting that they have 16 allergic emergencies but still can't LEARN their lesson.  So sorry.  :(
Title: Re: New School Policy Bellevue WA
Post by: guess on November 05, 2014, 09:05:19 PM
Quote from: Stinky10 on November 05, 2014, 11:17:17 AM
Post from a board member:

Food in Schools and Anaphylaxis Prevention - an update on the recent procedural changes at BSD

 Following a somewhat rushed rollout of a staff update to an operating procedure (3420 - Anaphylaxis Prevention and Response), we heard many voices from across our community. I learned many things including these:

 (1) The recent procedural update was not adequately thought out (particularly with respect to unintended consequences) nor did it engage the community sufficiently to reflect the breadth of food related needs and concerns across our district.

 (2) We have a growing number of students with life-threatening anaphylactic conditions, several of which have manifested (for a variety of reasons) during school time, and that should be addressed in a way to further reduce risks to those children in our schools.

 At Tuesday night's (11/4) school board meeting, the board requested that the staff temporarily roll back the recent (October 2014) updates to the anaphylaxis prevention procedure and begin a process to more comprehensively consider appropriate changes to the procedure. The board requested that a date be set for the updates to be completed and that the update process engage the community. The staff accepted this request and will communicate next steps shortly. Updates to the procedure are expected to be made before February 14, 2015.

 (Note that anaphylaxis prevention is only one reason for the regulation of food in schools. Any school-specific or classroom-specific rules about food are not impacted by this temporary procedural roll-back.)

 Our community - parents, teachers, students, nurses, community members, etc. - has been exceptional in exposing a breadth of perspectives on this issue. It is my hope that subsequent procedural updates will take into account not only a balance in how we reduce risks to our students, but also a variety of approaches to reducing risk and intentional consideration of implications to both safety and inclusion.

 I believe our staff will work with both the best interests of our students and the inputs of all of our community members in mind. I personally hope to see many of the issues discussed at our board meeting addressed in the next round of procedure updates. Some examples include:
 * enhanced education, including a specific plan for student education (that may need to acknowledge age-based differences in students' capacities for awareness and action)
 * availability of stock epi pens in our schools for approved use in emergencies
 * additional clarity in some of our cafeteria food labels/ingredient info
 * specific communication guidelines for schools and classrooms to share with families (including how to differentiate between life-threatening allergens and other allergens of concern in a given building or classroom)
 * specific consideration of the breadth of reasonable uses of food in academic projects, educational experiences, and community building balanced with reduction of exposure of affected students to relevant allergens; clarity about the conditions under which any constraints in the use of food are applied

 I am grateful to our community for its passion and courage in sharing ALL points of view. I hope this passionate and respectful dialogue continues as the procedural updates are developed.

Problem: Conditions can't be placed on individual with disability for participation.  District policy for food free aside, they can't write conditions in order for students to get access.  They don't need to go food free everywhere at all times in order to not violate FAPE but this is essentially boxing in a disability without a hint of compliance almost like they're making up their own rules.

Stocking epinephrine isn't a mitigating measure.  Epinephrine is not a mitigating measure, nor would it be considered even if it was a mitigating measure. 

What exactly do they plan on 'educating' students with LTFA with?  These are patients of board certified allergists with specific medical knowledge of the condition.  Anaphylaxis prevention is strict avoidance.  It's all it's ever been there is no FDA approved treatment, cure or preventative medication.

Duty of care belongs to school.  No, they do not have to go food free at all times as a district policy but this may turn into an OCR issue with what they are doing in response trying to hedge in a disability and set conditions upon students based on that disability.   
Title: Re: New School Policy Bellevue WA
Post by: guess on November 05, 2014, 09:09:01 PM
Stinky give it a week for it to shake out.  Take screen caps of what's been written by the board member.  If they're setting conditions on students with disability there may be some interested parties.
Title: Re: New School Policy Bellevue WA
Post by: CMdeux on November 05, 2014, 09:20:41 PM
 :yes:

And "public opinion" isn't the way to go about finding an adequate means of compliance with the feds, either. 

In fact, if you look at ANY other means of accommodation-- replacing a stairway entry with a ramp, dedicating handicapped parking spaces, etc. it would be LUDICROUS to suggest that the public "weigh in" on their opinion about being "inconvenienced" by the accommodations.
Title: Re: New School Policy Bellevue WA
Post by: guess on November 05, 2014, 09:46:01 PM
The answer also isn't push harder and grease your wheelchair to squeeze through the doorway, to extend the analogy.  Or listen harder if you're hard of hearing.  "We" need "community" (Except you people who would ruin our community building.  You people stand over there while we build a compassionate community.)

 :thumbsup:

School policy can either meet or exceed ADA, duty of care, what it can't do is deny students with disability due process by unilaterally disregarding safeguards.  Nor can they offset their duty of care onto the disabled student. 

Preaching to the choir, yes.  The point is with that OCR regional office one would want to be VERY specific about a complaint, and one of the key components in the board's response is to violate safeguards for due process unilaterally for an entire disability through policy.  That is the sort of procedural safeguard violation that if filed on the same issue from the same district becomes a weighted complaint, and as an entire protected class might make a good candidate for hand off to DOJ.

Obligatory not a lawyer, not legal advice, need to put it in my sig.
Title: Re: New School Policy Bellevue WA
Post by: ajasfolks2 on November 06, 2014, 07:34:39 AM
Where is that school board's attorney/counsel in all of this?

I'd be asking if the SB has conferred with counsel and if they are aware of federal laws that would apply?

Besides that, I need to keep my cake hole shut right now.  Because I am pissed.

Title: Re: New School Policy Bellevue WA
Post by: Macabre on November 06, 2014, 11:13:10 AM
Quote from: ajasfolks2 on November 06, 2014, 07:34:39 AM


Besides that, I need to keep my CUPcake hole shut right now.  Because I am pissed.


Title: Re: New School Policy Bellevue WA
Post by: daisy madness on November 07, 2014, 09:44:21 AM
So they created this food free protocol as a result of 16 incidents of allergic reaction during school.  Obviously, the previous protocols were not working.  So new protocols were made, and your board member described it as "very unfortunate" that these protocols would not be removed prior to Halloween. 

Board decides to pull these protocols, which were put in place because previous protocols were proven to be insufficient, and go back to the ineffective previous protocols until they can come up with new policy????  This is crazy!  How about keeping the new protocols which were put in place to protect Students with LTFA after 16 allergic reactions occurred under the old protocols until the board has time to consider any changes.

 IMO, if there is an incident of anaphylaxis in your district in the time it takes the board to come up with new policy, after they pulled these new protocols in favor of going back to old and ineffective protocols, a parent would have their lawsuit handed to them on a silver platter. 
Title: Re: New School Policy Bellevue WA
Post by: guess on November 07, 2014, 10:01:17 AM
Students with disability have rights to due process.  Section 504 is designed to address unique needs.  The safeguards exist to protect that due process procedure.  A unilateral move against a protected class patently ignores the safeguards for due process.

The district has duty of care to all students becoming negligent if they are noticed but fail to exercise reasonable care (different reasonable than 504 accommodation) or address the danger promptly and effectively.

Related but separate issues.

Board members or other district personnel who erroneously believe rescue medications are part of anaphylaxis prevention need to read the FDA warning letter to Mylan and Attorney General's statement. 

Suffice to say whatever they cooked up could net them at least one law suit, possibly from insurance company if not parent, and open them up to a class-based compliance review for violating procedural safeguards across the entire section of affected students.

But it's not my SD and I'm not a lawyer. 

Say it was my SD and I had a student there, hypothetically. See spoiler.

Spoiler (click to show/hide)
Title: Re: New School Policy Bellevue WA
Post by: Stinky10 on November 07, 2014, 12:47:34 PM
Just real quick..... (trying to work today)  my son has a 504 and was not affected really either way with this policy - when it was suspended his principal (at my request) sent a note to all of teachers that nothing has changed with regard to their classrooms and food and DS.   

Title: Re: New School Policy Bellevue WA
Post by: guess on November 07, 2014, 01:31:35 PM
Yes.  Policy is not supposed to unilaterally change placement because it violates safeguards for notice.  Stay put is the default.  The principal reaching out proactively to cement that no change of placement will occur without notice is compliant and consistent.

My understanding based on what was linked upthread is the BOE and district driving policy that would potentially violate 504 and ADA if implemented.