General discussion - Mom and Dad Esq.

[viet_mom]

Hello Mums and Dads. I got an email from someone who also adopted from Viet Nam and her daughter, now 4, has severe allergies to many different foods, the worst being nuts and eggs. I have no idea what the law is in this area, so thought I'd see if anyone does here.

They live in Michigan. The 4 year old went to preschool at a private school. Before enrolling, parents explained the allergies and that it would not be enough to have a separate table for peanut butter eaters because daughter can't even inhale/smell the stuff. Parents asked if it would be okay if, in the small class, nuts and egg products were prohibite. School said write to parents of classmates to see if it is okay with them. Parents did, nobody objected and parents enrolled daughter in class, along with written instructions about the allergies. During time she was at school, parents constantly had to take her to the allergist and deal with asthma bouts. Then they found out that school was ignoring instructions and kid were eating egg and nut products and daughter was simply put at a nearby table. Apparently, just touching a kid who has leftover peanut butter on them is dangerous.

Parents are outraged and don't want to sue, but are thinking about asking for a refund of the tuition they paid during this time. Seems to me it would be more reasonable to ask the school to share the costs of medical bills. Anyhow, parents are wondering what their legal rights are in terms of public schools, whether the allergy is a "disability" and what they can do about having their daughter safely attend school with other kids.

Any thoughts are welcome. Thanks.