So my friend called me in a panic tonight because their new school (a catholic private school) made her daughter (4th grade with PA) go down to the office and put on an orange bracelet so that the lunch volunteers could recognize that she had an allergy. I think the part that upset her the most was that their lunch is only 15 minutes (her daughter is a slow eater) and with the trip to the office, she had about 5 minutes to eat.
So they want my friend to get her a bracelet identifying/outing her allergy. She does not wear a medical alert. And so far has not had a contact reaction, she doesn't share food, and never had an issue at her old school (the one DS attends) in the lunch room (we don't have an allergy table).
Someone already knew about it, because the adult approached her DD in the lunch room.
Any thoughts or suggestions would be appreciated.
The school has always put in my sons 504 that he has to wear a medic alert. He doesn't always like it but you never know if something haappens in a hallway or central location and it is a sub who doesn't know him. I never had an issue with it.
Note that I'm using exacting language here. A religious entity that runs its own private school is exempt from even Title III.
Having said that I'd recommend the MedicAlert bracelet it's just a good idea. My oldest is currently enrolled at a private school run by a religious entity.
What TT said.
Oh, though-- orange bracelet??
YUCK.
Like a scarlet A or something. P for pariah.
:-/
Can they compel this? Well, not if they have obligation to follow federal law they can't. Not like this they cannot.
Because this isn't medically mandated by a qualified physician, right?
On the other hand, can a school mandate a medic-alert bracelet? (Less specifically identifying, so it's not "identifying" per se) Probably.
Why the difference? Because a Medic Alert is for management and is a reasonably standard tool for that purpose.
An orange "Look at me-- I have a peanut allergy" sticker, bracelet, lunch-tray, teeshirt, or forehead tattoo? No. That's for the convenience of school staff. Not for management from the child's perspective.
Nuanced, yes. But it's not least restrictive from the child's perspective, and it doesn't include him/her to the greatest extent appropriate with his/her classmates.
All of that only applies if this educational entity is bound by ADA as a place of public accommodation, however.
Well, you may be able to argue contract here assuming the school isn't so brimming in riches it can afford to turn down tuition in a sluggish economy. They probably have some ridiculously stupid clauses they think covers everything. What we have done in the past is take it up with whoever they have in charge of administration--which in our case was and is a headmaster. Tell them why their ridiculous orange tag is ridiculous and see if there isn't some other system that can't be worked out. Point out, politely, that this isn't quite what you thought the private school experience was about and that the education services are being paid for and you're not paying for public ridicule.
They just may not have thought it through, have some really old people working towards retirement, or who knows. A contract exists it's just not involving anyone else but you and the school.
that the education services are being paid for and you're not paying for public ridicule.
Or you could offer to endow some stocks.
No, not the financial instrument.
I mean-- you know--
Stocks.
[spoiler](http://4.bp.blogspot.com/_Oo01DbDrqaI/SaoQOs5dujI/AAAAAAAAAOk/q6fSCqU5zAA/s400/259.JPG)[/spoiler]
That way ALL the students can share the love.
You know, I think that it would be helpful for the recess volunteers to be able to identify which kids have a social disorder, or ADHD, or autism, or a developmental delay. We should probaby put brightly colored bracelets on all of them too.
Hoping that you all know that I don't really mean this...
You know, I think that photo was taken at Colonial Wlliamsburg.
Hey hezzier maybe pass on a couple of, oh... suggestions to friend. In the case of new school meaning new to private school rules have your friend read all the policies for field trip transportation. Likely mom and dad have read it all but it's the unscheduled field trips and transportation that can get worrisome. Vehicle may mean other school parent, it may also state that a student may be asked to stay at home if they feel they won't accommodate.
All sentiments about exempt entities aside the girl is in the school now and often times contracts will state that tuition is still due from the family even if the school dismisses the student. While religious entities running their own private schools are exempt from ADA that should not absolve them from the business end of things. Important to remember.
Thank you. I will pass along these recommendations. I emailed her last night with some sites for medical alert bracelets that had "pretty" options. She's going to need to come up with a system until she can get one ordered because taking 10 minutes out of 15 minute lunch to go to the office is unacceptable.
It seemed to me that they weren't wanting a medic alert bracelet but a way for staff to easily identify her.
If it were public, as said above, doing something about this would be straightforward initially. But the fact that it's private and religious---well, I think the best hope is a conversation that addresses the feelings of her dd and also says tht singling out a child for her disability isn't a good/nice/kind thing to do.
Quote from: Macabre on August 16, 2013, 07:23:40 AM
It seemed to me that they weren't wanting a medic alert bracelet but a way for staff to easily identify her.
Yes, I agree. I asked if they wore student ID's, but they don't. My thinking was a small round sticker on the ID would be less intrusive than an orange bracelet.
I'm not understanding why they need to identify her at all. DS has been in schools that I assume are larger (three different elementary schools), and he was never singled out like that. The cafeteria staff was given a picture of him.
Really, the school probably just needs some guidance in terms if thinking first about including her. Goodness, there was a term we've used, but I've only had a few sips if coffee. I'll think of it.
The closer we got to Middle School the more DS did not want to be singled out. This bracelet is not necessary, but not using it will require a bit more work on the school's part--but not much.
A parallel: would the school require a student with another hidden disability, say ADHD, to wear a t-shirt identifying herself as having ADHD? Or a boy with Tourette's? What about a child with diabetes?
Or hey--a blind child--would he have to wear something that singles him out in front of his peers for the convenience of the staff?
I'm guessing (hoping!) not.
When my child was asked to do something no one else was required to do, I would use this language: DS' non-disabled peers are not required to do this. DS has the right to the same education as his non-disabled peers. (In elementary school I used this language when DS had an assigned seat on the bus because of his PA at the front of the bus. His friends say in the middle or back. They got to talk to each other, but in order for DS to talk, he had to turn around, and he got in trouble for that. The principal called me because DS was in trouble, but I turned that conversation around. :)
Also a year ago as we entered high school that conversation happened again when in his 504 meeting the principal, nurse and school counselor thought DS ought to make an announcement that he had PA to his home room class (meets 20 minutes daily). This was because the students can eat anywhere at any time and there is an organized snack one day a week. This, they informed us, was not going to change. They wanted him to let the class know about the allergy and thought the class would be empathetic.
No way.
Anyway, that language was helpful there, too.
Now, a private, religious school doesn't have to concern itself with the ADA unless it receives any federal funds. But I'm thinking the mom could craft whatever language that she thinks would be helpful to get across the same meaning--that her dd's peers are not being treated the same way.
They've asked the mom to supply a medical bracelet (I.e. medic alert type). What's the issue? Kid should be wearing that anyway. What if she's in an accident and the parent with her is also n able to give instructions to the EMS?
The school had an ugly orange one used because the child didn't have one. They didn't tell the parents to put an ugly orange bracelet on her.
Our school board forms include instructions for everyone...school, teacher, student, parent. One of the parent espnsibilities is medical jewelry.
QuoteI'm not understanding why they need to identify her at all. DS has been in schools that I assume are larger (three different elementary schools), and he was never singled out like that.
I thought your ds wears a medic alert.
Quote from: hezzier on August 16, 2013, 06:27:21 AM
Thank you. I will pass along these recommendations. I emailed her last night with some sites for medical alert bracelets that had "pretty" options. She's going to need to come up with a system until she can get one ordered because taking 10 minutes out of 15 minute lunch to go to the office is unacceptable.
If just peanut allergy, she might be able to find one at a pharmacy. Not pretty, but something until the nice one arrives.
He actually hasn't for a few years :hiding:
But this issue doesn't seem to me to be about a medic alert bracelet. This is about wearing a particular thing so cafeteria staff can identify this child.
My point was that DS did not wear anything that shouted "THIS IS THE ALLERGY KID" and he has been fine. The school staff learned what he looked like from a picture (or likely also from other staff discreetly pointing it out), and he was in large schools. His elementary school had 500-600 kids.
I stand by my comment that there's nothing wrong in telling a parent to provide a medical bracelet. Without it, an unnecessary delay in administering epi is more likely. I agree epinephrine is not dangerous....but it is if you have a heart condition, or if you are allergic to the added ingredient. The school has every right to want that medical information right there so they don't do the wrong thing.
Does the child self-carry?
This does not really apply here, but is the perspective for an older child.
I ripped DS (age 19) a new one for not wearing his bracelet. If a college-age student or young adult is found unconscious, disoriented, or very ill, the first assumption will be "intoxication" or "drug overdose", not anaphylaxis. I prefer to not dwell on the consequences of that incorrect assumption.
Clearly food allergic people should wear an official Medic Alert bracelet. I should. My DS should. We didn't keep up with the service. My bad as a mom.
However, the school is not requiring that.
The school is wanting this kid to wear a bracelet identifying her as an allergy kid during lunch. Not a medic alert bracelet during the school day.
I do wonder about a school requiring a Medic Alert bracelet though. The basic membership is $30 for 3 years--pretty affordable. They do have a bracelet under $20 for children, but it's not one my child would have actually worn. He wouldn't have liked the leather ones that are $50-$100, but that would be better than the less expensive ones.
Can a public school that must provide a Free and Appropriate Public Edication within a Least Restrictive Environment make a child pay $50 for the basic membership and the basic bracelet?
That's an interesting question. CM you seem to say above that you think they can.
Btw this bracelet is at my CVS store for $5.99. Though it's probably too young for 4th grader.
(http://i20.photobucket.com/albums/b205/McCobbre/null_zpse2cd5f4f.jpg)
Quote from: Macabre on August 16, 2013, 10:11:41 AM
He actually hasn't for a few years :hiding:
But this issue doesn't seem to me to be about a medic alert bracelet. This is about wearing a particular thing so cafeteria staff can identify this child.
My point was that DS did not wear anything that shouted "THIS IS THE ALLERGY KID" and he has been fine. The school staff learned what he looked like from a picture (or likely also from other staff discreetly pointing it out), and he was in large schools. His elementary school had 500-600 kids.
This has also been the same for my kiddo. I'll sheepishly admit that she hasn't worn a medic alert bracelet for years (her gran even sent her a nice bracelet like one but I have no idea where that is).
DD's elementary school and 1200 kids in it. The staff were given a form that listed her allergies and the form had her picture on it. She did sit at a designated end of the table with her class. But there was no other outward designation of her being a kid with food allergies.
I agree with Mac that what this school did was not about getting the child to wear a medic alert bracelet but rather about providing a shortcut for staff (perhaps they're volunteers?) to know which kid has the allergies. There's a better way to do this without stigmatizing the child.
WRT to OP's subject which are exempt religious entities (not all would qualify for exemption--depends), veering off course wrt to branded MedicAlert service and membership I can't see how a school district could compel anyone, even an employee, to purchasing a membership and service. MedicAlert is not the only medical ID bracelet out there. I think it could request the child wear a medical ID bracelet with ICE information like one would find on a branded MedicAlert bracelet... but the service and membership? No. At least not in a way that withstand a challenge and be upheld.
But AFAIK OP's friend's situation is most likely a qualified religious entity operating its own private school on private property. Unless solid information to the contrary it is not even a public accommodation. The DOJ specifically addresses this in a Title III Q&A publication.
Now, knowing this will come up the logical question is do they receive any federal financial assistance? That would be difficult to find out but not impossible. State DOE should know if the school is a *recipient* of any federal financial assistance. Whether or not you actually get help from state or disclosure is another story. Yeah, I make calls like this it ruffles feathers, pisses people off and makes them paranoid. Note that every time I call federal regarding the same info they are very efficient and forthcoming--unfortunately it's still something only state DOE truly knows.
Exploits. Publicly owned buildings, state DOE noting school is a recipient. Never forget that exemption isn't carte blanche it's ADA exemption and a highly qualified one at that. Realize also that it's not about a civil right (FAPE is still available to you at any time in the public system) but about a civil contract for educational services. It's also a social one because it involves a doctrine between many people who are there for that same purpose. They are not exempt from EVERYTHING.
I would return to either a qualified public accommodation or public school exploring charters or magnets before challenging a religious entity who might be receiving some minute "federal financial assistance" for 504 unless the school doesn't qualify as exempt by operating within a publicly owned or funded property.
For instance, SD contracts with Catholic church for use of facilities. Public school district operates on public money inside facilities owned by religious entity. Well, the religious entity is not operating that school, no exemption. That's still full on ADA to the hilt.
Moral of the story is know how it's all operating.
Keeping in mind...the school told the parent, who told hezzier, who posted here.....this is a bit of telephone game.
The way I interpreted it is the school wants the child wearing a bracelet that identifies the food allergy. To me, thatis any kind of medical alert, not necessarily THE medic alert, so not necessarily the $50 one. (If your child needs glasses, would the school supply them?)
As for the orange "look at me I'm allergic" bracelet....well, they've provided a temporary one which it's easy to notice and therefore get back from students they are loaned to.
MC, please get one for yourself and one for your son. If not the bracelet, go for a dog tag or something. I'm not giving you an order. I am asking you to please protect my friend and her son. :)
Ok, I talked to my friend this morning after her meeting with the principal. She has bigger problems then complying with a bracelet! They have another meeting scheduled for Tuesday to see exactly what they want on this medical ID (does not have to be medic alert, I was just using that as a generic name) bracelet...and what it needs to look like. The other upsetting part is that my friend was never told, it's not in the handbook anywhere and that they approached her daughter directly.
There is a mom at the school that I know from when we had a local allergy support group here (it's no longer), she is very vocal and the one running the allergy show at this school (her DD has a dairy allergy). This woman's 6th grader is apparently the oldest student at the school with allergies (I know for a fact there have been others, but have aged out, school only goes to 8th grade) because the mother of one is still the librarian. If there were 7th & 8th graders with allergies, they would also be required to wear the orange bracelet (they are the disposable ones that tape on stating that you paid to get into a fair, or that you can drink at a concert)
Here's the bigger problem that I see (found this out this morning): Her daughter's picture is up on the wall in a public hallway (somewhere near the cafeteria) stating that she has a peanut allergy. Last year, this wall of info was in the actual kitchen for the cafeteria staff (fine, they need to know these kids).
I'm not very knowledgeable on hipaa, but wouldn't this be in violation? The school displaying a medical condition to anyone who walks by.
My recommendation was to put that wall back into the kitchen. My friend said the lunch room volunteers aren't allowed into that space. Ok, fine...my next question was how many kids with FA are there? Is it really going to be that hard for these volunteers to get to know them? My next recommendation was to make a special notebook for the lunchroom volunteers that so they could learn the kid's names and faces and store it somewhere that not everyone has access to.
The parents need to go talk to the headmaster. Now.
DS's elementary school had pictures with allergies posted where lunchroom staff could not see them. For those women, there was a binder with the pictures and personal info of any kids with medical concerns/conditions.
Not HIPAA but FERPA with schools. I don't know if it applies to private schools.
Yowza.
Quote from: SilverLining on August 16, 2013, 02:23:42 PM
DS's elementary school had pictures with allergies posted where lunchroom staff could not see them. For those women, there was a binder with the pictures and personal info of any kids with medical concerns/conditions.
Something similar was done at DD's school. It was actually a clipboard that hung on the wall with the information. However, there was a cover sheet, so you could not easily see what was clipped in the clipboard.
So shouldn't there be some sort of confidentiality agreement/statement that private schools are held to? I mean it's not like they will post all the kid's grades on the wall for everyone to see. The teacher can't tell me what grades someone else's child received, correct?
I think I signed one during my volunteer training that I went through for the public school.
Here's the link. I'm on my phone and can't search for the word private or parochial on it--only have a second to come here.
http://www2.ed.gov/policy/gen/guid/fpco/ferpa/parents.html (http://www2.ed.gov/policy/gen/guid/fpco/ferpa/parents.html)
"Private and parochial schools at the elementary and secondary levels generally do not receive such funding and are, therefore, not subject to FERPA."
It was in the second paragraph.