Tecumseh teachers hear food allergy presentation

By DEB WUETHRICH

Teachers and support staff in the Tecumseh Public School District were gearing up for the 2008-2009 school year a week before the students boarded their buses or walked to their classrooms from home this past Tuesday. On Aug. 26, during an Opening Day session, the educators heard a special presentation entitled, “Managing Food Allergies in School: Legal and Practical Considerations.” The program was presented by Robert A. Boonin, an attorney with Butzel Long Attorneys and Counselors of Ann Arbor, and Chris Mitchell, who is the father of a 10-year-old daughter with tree nut allergies.

“There is no cure for these allergies and most people aren’t going to outgrow it,” said Boonin. “Some older kids may know how to protect themselves, but we’re still responsible,” he said, urging school personnel to not only be aware of which students may have disability forms on file related to the allergies, but to know the symptoms so that they could identify if a student were having such a reaction.

Boonin pointed out tree nut allergies, including peanut allergies, are among the most common with 90 percent of all allergies being of that kind. He said there also are more cases of allergic reactions to fish, soy, milk, wheat, eggs and shellfish. A reaction could run the gamut from hives, cramps, shock and shortness of breath to nausea and vomiting.
“Why should we be concerned?” he asked those assembled at the inservice. “Because 84 percent of those who have food reactions will have them at school. According to the Journal of School

 Nursing, 25 percent of students who have food allergies have their first one at school.” He said these are students who previously had no known symptoms.

Mitchell said his daughter was one of those 25 percent and didn’t develop her allergy until she was five years old, but it is life-threatening. “You might not have a lot of time. It’s a door-to-door responsibility from the time you get the kids to the time they go home. You are the ones who might have to recognize the symptoms, especially if the child has never had a reaction before. You’ve got to know your ‘go-to’ person at school and you need to know it immediately, like it’s second nature.” He said it’s also important to know how to obtain an “Epi-Pen,” marker-sized units filled with epinephrine — and how to administer it into the leg, if necessary. He also encouraged listeners to visit the Food Allergy Network and other Internet sites to educate themselves.

Boonin also talked about the legal ramifications of being aware of which students might have special action plans drawn up, whether it is a Section 504 disability form, which protects students from being denied access to a free and appropriate education, even with such a “hidden” disability as a food allergy.

“There are practical issues, such as a student cannot be excluded from the cafeteria,” said Boonin. “They cannot be denied access to the school bus or field trips.” He said plans should be put together with parents — who are excellent educators when it comes to how to interact with the student who has an allergy because they deal with it every day — and with a physician. “Maybe on the bus, the student would sit near the driver so he or she could be monitored, or the seat could be wiped down to prevent cross-contamination. The important thing is accommodations may need to be made. It may be an imposition, but it requires some education of everyone involved,” Boonin said.

There also are sections of the American Disabilities Act and other legislation that deal with food allergies and the right to a free and appropriate education or not stigmatizing the student in any way.

“In the case of those known to have food allergies, there generally are pretty active parents who can be an asset, not a hindrance,” said Boonin. “The important thing is to understand where they are coming from. They’re not nagging, but trying to protect their child.”  He said everyone who comes into contact with students should be made aware of the growing number of students who may be affected by food allergies, or even go into anaphylactic shock, and provisions should be made to notify substitutes as well.
“Teachers also help set the tone for teaching tolerance in the classroom,” he said.
There is some proposed legislation at both the federal and state level, said Boonin, that would require school districts and the state to come up with model plans for how to deal with this growing issue.

“The bottom line is that all these would require districts to come up with a safe environment for the students,” said Boonin. He said as a state, Michigan was found to be lagging in structure and approach to managing food allergies. He also said educators could not be held liable for civil or criminal damages for their actions if they administer medication in good faith are not found to be practicing gross negligence or willful misconduct. He said a failure to accommodate the student’s need, however, does not make one immune from liability.