allergy mom
Junior Member
What is the name of your state? Ohio
We have been deemed eligible for a Section 504 plan for our daughter, and are about to begin the process of working out the details of this accommodation plan. She qualifies due to her life-threatening food allergies. One of the forms that we may need to fill out, a "request for assistance in the administration of medication by school personnel" form, has the following liability waiver on it, which requires the parent's signature:
"I/We understand and acknowledge that school district personnel are under no obligation to render the assistance requested and that such assistance may, in the absence of the schoool nurse, be rendered by an employee of the district who is not medically trained. I/We hereby release the XXXXX School district, its Board of Education, its officials and employees, including the school nurse and the nurse's designee, from any and all liability for damages or injury directly or indirectly resulting from the performance or failure of performance of the assistance requested."
I've been advised by allergy advocate organizations to NOT sign any liability waiver. I've also heard that requiring such a waiver for a food allergic student is illegal, but I haven't been able to verify this so far. Can anyone quote the law that backs that up?
Would it be advisable to just cross out the offending liability waiver from the form before signing it, or would that invalidate the whole thing? Should I ask the school to provide me with a form that does not have such a waiver? It seems the Good Samaritan Laws already cover the school employee's liability - in fact, the district's policy has a statement to that effect. Any advice would be appreciated. Thanks.
BTW, per her Section 504 plan, all personnel coming into contact with our daugther will have received the appropriate medical training to administer her emergency medication.
We have been deemed eligible for a Section 504 plan for our daughter, and are about to begin the process of working out the details of this accommodation plan. She qualifies due to her life-threatening food allergies. One of the forms that we may need to fill out, a "request for assistance in the administration of medication by school personnel" form, has the following liability waiver on it, which requires the parent's signature:
"I/We understand and acknowledge that school district personnel are under no obligation to render the assistance requested and that such assistance may, in the absence of the schoool nurse, be rendered by an employee of the district who is not medically trained. I/We hereby release the XXXXX School district, its Board of Education, its officials and employees, including the school nurse and the nurse's designee, from any and all liability for damages or injury directly or indirectly resulting from the performance or failure of performance of the assistance requested."
I've been advised by allergy advocate organizations to NOT sign any liability waiver. I've also heard that requiring such a waiver for a food allergic student is illegal, but I haven't been able to verify this so far. Can anyone quote the law that backs that up?
Would it be advisable to just cross out the offending liability waiver from the form before signing it, or would that invalidate the whole thing? Should I ask the school to provide me with a form that does not have such a waiver? It seems the Good Samaritan Laws already cover the school employee's liability - in fact, the district's policy has a statement to that effect. Any advice would be appreciated. Thanks.
BTW, per her Section 504 plan, all personnel coming into contact with our daugther will have received the appropriate medical training to administer her emergency medication.