quincy
Senior Member
A thread was recently deleted in this section of the forum (one of many threads deleted recently on this forum for some reason), and it is too bad that it was deleted. The thread addressed an issue that many families face in their children's schools.
Although the thread was purportedly posted by the sibling of a child in Michigan schools, who was concerned that his sister's school was not handling her peanut allergy properly, the following information can apply to everyone.
First, in Michigan (and as I told the poster) most if not all schools have signs posted indicating the "peanut free" zones in the schools. Teachers are instructed on how to use epi-pens in the event a student with a peanut allergy has an allergic reaction requiring immediate care. In fact, the teachers in Michigan schools are provided with lists of ALL of the students in their classes who have special medical conditions and special needs, with information on how to handle them if or when necessary. And lunchrooms are set up so that those with peanut allergies are not exposed to peanut products. When the students cannot be isolated sufficiently, separate rooms might be used during lunch times for these students.
There was a lawsuit filed in Michigan by a parent of a student who DID NOT have a peanut allergy and who objected to the total banning of peanut products in her child's school, claiming her child's civil rights were being violated. She stated that, as a parent, she has the right to decide what her child eats for lunch. The school-wide banning of peanut products was initiated to protect a single student in the school who had a life-threatening peanut allergy. Here is a link to the case, which describes the laws that can protect students with severe allergies (or other medical conditions) when they are attending school (Kathleen Liebau v. Romeo Community Schools, et al):
http://www.wrightslaw.com/info/allergy/case.2013.Liebau.v.RomeoSch.wants.peanuts.in.schools.pdf
The suit filed by Liebau against the school system was dismissed by the court and the dismissal of the suit was upheld on appeal by the Michigan Court of Appeals.
In recent years, there has been a dramatic increase in the number of children reporting an allergy to peanuts, so a recent study on peanut allergies, published in The New England Journal of Medicine on Monday, is an interesting one. Families with (and those without) peanut allergies may want to read it. Here is a link to the Journal and the research study: http://www.nejm.org/
I really wish that posters to this forum would not delete the threads they have started. For one thing, volunteers on this site devote a lot of their free time to researching the posters' legal questions and concerns so that they can provide them with accurate information and advice. The information provided can assist others who have similar legal questions and concerns. In addition, by deleting a thread that has received responses, the posters show a total disrespect for those who have volunteered their time to help.
Although the thread was purportedly posted by the sibling of a child in Michigan schools, who was concerned that his sister's school was not handling her peanut allergy properly, the following information can apply to everyone.
First, in Michigan (and as I told the poster) most if not all schools have signs posted indicating the "peanut free" zones in the schools. Teachers are instructed on how to use epi-pens in the event a student with a peanut allergy has an allergic reaction requiring immediate care. In fact, the teachers in Michigan schools are provided with lists of ALL of the students in their classes who have special medical conditions and special needs, with information on how to handle them if or when necessary. And lunchrooms are set up so that those with peanut allergies are not exposed to peanut products. When the students cannot be isolated sufficiently, separate rooms might be used during lunch times for these students.
There was a lawsuit filed in Michigan by a parent of a student who DID NOT have a peanut allergy and who objected to the total banning of peanut products in her child's school, claiming her child's civil rights were being violated. She stated that, as a parent, she has the right to decide what her child eats for lunch. The school-wide banning of peanut products was initiated to protect a single student in the school who had a life-threatening peanut allergy. Here is a link to the case, which describes the laws that can protect students with severe allergies (or other medical conditions) when they are attending school (Kathleen Liebau v. Romeo Community Schools, et al):
http://www.wrightslaw.com/info/allergy/case.2013.Liebau.v.RomeoSch.wants.peanuts.in.schools.pdf
The suit filed by Liebau against the school system was dismissed by the court and the dismissal of the suit was upheld on appeal by the Michigan Court of Appeals.
In recent years, there has been a dramatic increase in the number of children reporting an allergy to peanuts, so a recent study on peanut allergies, published in The New England Journal of Medicine on Monday, is an interesting one. Families with (and those without) peanut allergies may want to read it. Here is a link to the Journal and the research study: http://www.nejm.org/
I really wish that posters to this forum would not delete the threads they have started. For one thing, volunteers on this site devote a lot of their free time to researching the posters' legal questions and concerns so that they can provide them with accurate information and advice. The information provided can assist others who have similar legal questions and concerns. In addition, by deleting a thread that has received responses, the posters show a total disrespect for those who have volunteered their time to help.
