Liability waiver on school medication form

[allergy mom]

What is the name of your state? OHIO

My child has been found eligible for Section 504 plan. She has to have emergency medication present at school, due to her medical condition. Staff will be trained to administer her emergency meds. School's medication forms have a liability waiver on them that we don't want to sign because it would release them from liability arising over both administration of medication and failure to administer medication. Her condition requires school staff to administer medication (epi-pen for severe allergic reactions) in an emergency situation. The 504 plan requires school staff to follow the emergency health plan, which involves administration of medication.

My question is, can we simply cross out the liability waiver text on these forms and then sign them? Or should we ask the school to provide us with forms with the liability waiver text omitted? What is the best course of action?

 

[xylene]

What is the name of your state? OHIO

My child has been found eligible for Section 504 plan. She has to have emergency medication present at school, due to her medical condition. Staff will be trained to administer her emergency meds. School's medication forms have a liability waiver on them that we don't want to sign because it would release them from liability arising over both administration of medication and failure to administer medication. Her condition requires school staff to administer medication (epi-pen for severe allergic reactions) in an emergency situation. The 504 plan requires school staff to follow the emergency health plan, which involves administration of medication.

My question is, can we simply cross out the liability waiver text on these forms and then sign them? Or should we ask the school to provide us with forms with the liability waiver text omitted? What is the best course of action?

Crossing out the liability waiver will not bind the school unless they agree. You cannot make a unilateral change like that.

If the clause is illegal than you would fight it in court in the extremely unlikely and desperately unfortunate event your daughter was injured by the schools actions of inactions.

If the clause is legal and allowable than you are not going to be able to force the school to remove it, at the very least not without a long, costly and protracted legal battle.

In reading your earlier post on this matter you indicate that you were advised not to sign by an advocacy group. Be warned that their advice may not be sound legal advice for your situation. It may be political and designed to motivate a court conflict on behalf of their interests. This may not be aligned with your child's interest - particularly her ongoing educational continuity. Bottom line on this is that you have no alternatives except to accept the contract or contact a knowledgable independant lawyer with expereince in education law cases similar to your own.

 

[stealth2]

If you're that concerned, perhaps you should consider homeschooling so the only ones responsible for administering her meds are yourself or her other parent.

 

[allergy mom]

If you're that concerned, perhaps you should consider homeschooling so the only ones responsible for administering her meds are yourself or her other parent.

We obtained a Section 504 plan so that our child would not be denied access to educational services or treated in a discriminatory manner. She has a right to attend public school, just like every other child with a disability, whether it be a visible or a hidden disability. The school has a duty of care, and they're not going to be excused from that responsibility with a liability waiver.

The Good Samaritan Law already covers liability arising from administration of medication in an emergency situation. Liability arising from failure to administer medication seems to conflict with provisions in her emergency health plan. Her 504 specifies that school personnel must follow her emergency plan.

Thanks so much for your helpful comment....

 

[xylene]

We obtained a Section 504 plan so that our child would not be denied access to educational services or treated in a discriminatory manner. She has a right to attend public school, just like every other child with a disability, whether it be a visible or a hidden disability. The school has a duty of care, and they're not going to be excused from that responsibility with a liability waiver.

The Good Samaritan Law already covers liability arising from administration of medication in an emergency situation. Liability arising from failure to administer medication seems to conflict with provisions in her emergency health plan. Her 504 specifies that school personnel must follow her emergency plan.

Thanks so much for your helpful comment....

Was stealths comment a little off base. Maybe. But it has a point. To one degree or another you will be entrusting your child to a school that to one degree or another you do not trust.

You cannot unilaterally change the contract unless the school agrees.

I am not trying to abrogate your rights. I raised issues you need to think about.

Do you have an independent lawyer?

 

[stealth2]

My point was that if *I* had a child whose health was a significant conern, AND I didn't trust the peeps in school to present the same level of concern that I would - *I* would likely homeschool my kid. Because then I wouldn't HAVE to rely on a third party to make sure my kids was okay medically.

I'm sorry, but not every kid with a disability is a fit for public school. No, MY kid's education should not have to take a significant hit as a result. And, as gifted students, they often don't get the same level of attention. Sorry, but I resent that.

 

[xylene]

My point was that if *I* had a child whose health was a significant conern, AND I didn't trust the peeps in school to present the same level of concern that I would - *I* would likely homeschool my kid. Because then I wouldn't HAVE to rely on a third party to make sure my kids was okay medically.

I'm sorry, but not every kid with a disability is a fit for public school. No, MY kid's education should not have to take a significant hit as a result. And, as gifted students, they often don't get the same level of attention. Sorry, but I resent that.

Your reaction is a political one. If you don't believe disabled students have the right to public education on terms equal to their peers, then lobby congress and the state legislature.

The issue of the school needing to accomodate the poster's child is settled. They are required to. The issue is can an explicit waiver of liabilty be required of the parents governing any failure of the school to act as is required under the plan...

You do make a fair point about what someone as a parent should compromise on.

I have no easy answer about the degree to which a school can waive or require to be waived liability for medical assistance their education plan requires. My opinion is not going to matter, only a court case or some other mutual agreement will make any determination.