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I wasn't sure if it would be considered 'special needs' because some other health issues that require food monitoring and emergency medication administrating such as diabetes or asthma can be considered special needs. And in some areas discriminating base on a medical condition could be illegal. That's why I suggested they consult their local licensing agency.
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Where I used to work there were 2 children with severe peanut allergies so we did not serve peanut products when they were in our care and used separate knives.Comment
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Not sure about Canada but I thought food allergies were covered by ADA here in US
All kids with food allergies in TX qualify for an IEP and 504 as far as I know. But maybe it's by state? I'm not sure.Comment
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I didn't know that Evansmom. I don't currently have any dck with allergies, but I'm filing this bit of info for next time. Thanks.Not sure about Canada but I thought food allergies were covered by ADA here in US
All kids with food allergies in TX qualify for an IEP and 504 as far as I know. But maybe it's by state? I'm not sure.Comment
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I quickly browsed through your link and saw this:Not sure about Canada but I thought food allergies were covered by ADA here in US
All kids with food allergies in TX qualify for an IEP and 504 as far as I know. But maybe it's by state? I'm not sure.
"student with a disability . . . to use, and fully participate in, a free and appropriate public education (FAPE)." Public education is defined as a school or schools that receive public funding and they are required to make reasonable accommodations.
I don't think child care necessarily qualifies as a public "education." I think if you can prove that you cannot make reasonable accommodations, then there should be no problem.
I personally would not take on the risk of a child with a major allergy that would be too difficult to accommodate (like a food or outdoor allergy).Comment
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True. I was just adding my understanding of the ADA's position in response to BC's comment. You are right that this doesn't not apply to a private school nor to a home daycare.
I do provide care to children with food allergies and it's very easy, I've never had a problem in fact I have advertised as food allergy friendly. Then again my family has food allergies so I'm quite familiar with how to prevent cross contamination, how to use an epi-pen, signs of anaphylaxis etc.
I personally do not think it's a reason to exclude.
If the OP's DCK is just getting diagnosed sometimes the process can take a while so it may be a few weeks before they have an epi and it will be several more weeks I'm sure for the family to adjust to living with a food allergy and learning all it's implications. It's quite a process when you're first dealing with food allergies. I know it took a while for me to gather all the info and implement it into our lives.Comment
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I think You may be completely right and the laws may have changed since I last learned about this...
The info I am finding now says that
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) extends the protections provided by 504 to private schools and private child care centers.
Children with food allergies have received protection under ADA. For example, in a public settlement agreement under the ADA, a private child care facility was ordered to enroll children with food allergies, and to take appropriate steps to assure that the facility was prepared to recognize an allergic reaction, and respond appropriately.
I am also reading though that the allergy MUST be one that severely limits the persons ability to basically live in order for the allergy to be considered a disability.
If the allergy is a disability then it would fall under 504 and ADA protection.
A class I took not too long ago talked about categorizing food issues into groups such as sensitivities, intolerances and allergies.
Allergies being those that compromise a person's ability to live.
So I am assuming the reason they are now wanting to classify things, is because not all intolerances and sensitivities to foods would require protection under the ADAComment
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Oh good find BC! Thank you for that clarification. So there then needs to be an actual doctor diagnosis of anaphylaxis or other food reaction for the ADA to apply not just a food sensitivity or a "I don't want my child to eat that" parent's preference.
And it does apply to private schools and private daycares.
This is really good information, thanks!Comment
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Wow good to know! Also thanks to Evansmom for pointing it out originally.
So my question is: how do I reasonably show (in the future) that I can't make accommodations? I just know me personally we use way too much peanut butter and I would hate to eliminate it at my house where my own children love it so much (they are of the age where they are still at home). If it weren't for daycare hours, my children would really not get any at all. Obviously I would be willing to make that sacrifice if one of my children became allergic but I would prefer not to for another family. Gosh I hope that doesn't come across as crass or rude
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I would feel the same way, My kids love peanut butter, peanuts, trail mix, mixed nuts...I would have to eliminate that from my house to be safe. Not sure I could take that away from my family for someone else, since I would want to eliminate it completely to avoid any risk.Wow good to know! Also thanks to Evansmom for pointing it out originally.
So my question is: how do I reasonably show (in the future) that I can't make accommodations? I just know me personally we use way too much peanut butter and I would hate to eliminate it at my house where my own children love it so much (they are of the age where they are still at home). If it weren't for daycare hours, my children would really not get any at all. Obviously I would be willing to make that sacrifice if one of my children became allergic but I would prefer not to for another family. Gosh I hope that doesn't come across as crass or rude.
I would think the parents would want to go with a completely peanut free daycare for their child's safety and if you can't promise that they would understand so their child isn't at risk.
I'd suggest having liquid Benadryl on hand if you don't already. Just in case. For any child, not just this one. Allergies can appear any time, even if there wasn't one before.Comment
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Ok, this is what I have to say re: accommodating kids with nut/peanut allergies and this is coming from me who is a mom to a peanut allergic child and has been a child care provider and teacher for 20 years.
First off, it really depends on the comfort level of the parents of the allergy child that you're working with. Some allergy parents are perfectly fine with peanuts and peanut products (trail mix, baked foods, fruit dips etc.) being around their child as long as their child doesn't put them in their mouth. Some parents are not ok with this and in this case probably wouldn't seek out a daycare that uses peanut products. There isn't a right or wrong way to raise an allergy child and some parents are very relaxed, some not so much (me). So if you are interviewing a family who's child is allergic I'd ask tons of questions about how they handle the allergy. That will give you an idea of how strict they are with their child's allergy and give you a good idea of whether you feel comfortable accommodating the child. I don't think you can just exclude on that basis alone. Apparently as BC has shown that would be against the ADA and the parents could sue you for discrimination if they wanted to.
Second, it's quite simple to offer alternatives to peanut butter or peanut products. One substitute is Sunbutter which is made from roasted sunflower seeds and is very very like peanut butter and is readily available in super markets now. It's also made in a nut-free facility so it's safe for everyone. It's what we used at my daycare and no kids noticed the difference. Or if the allergy parents you work with are not strict about their child's allergy then you could have them supply a jar of Sunbutter for when you make PBJs for kids and give the allergy kid the Sunbutter sandwich. For snacks and baked goods there are tons of alternatives that are safe for peanut allergies ranging from packaged fruit snacks, yogurts, crackers etc. to any home baked goods you can make that don't contain peanuts or peanut butter and that were prepared on a clean surface and dish.
Third, for many allergy friendly daycares, color coding the eating and drinking utensils makes serving allergy kids easy and lessens the risk of cross contamination. So if Billy has only blue plates and cups and Sally has only red etc. they can safely eat/drink only from their set without having to read. Although if you have readers labeling is another way to do this.
Fourth, good hand washing is the last step in making sure allergy kids are safe and you should already have that in place in your program for hygienic purposes anyway. Washing hands after eating is important in not spreading peanut oils around.
Personally this is what has worked for us for years. I have had zero incidences of cross contamination and zero instances of kids eating another's food and zero instances of needing to administer meds or an epi. Is it scary? You bet your booty it is. Especially for the parents of the allergic child. There is an adjustment period when dealing with allergies. But you do adjust I promise. And it's quite second nature after that.Comment
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Besides what Evansmom said above, from what I gather the easiest way to NOT have to accommodate a child with allergies is to advertise that you are NOT peanut free. Include menus samples etc showing you included nuts and peanuts in your program.
This will serve as proof that a family with known allergies should not have chosen you as a provider as it goes against what they "need" as far as services go.
Also the ADA only requires "reasonable" accommodations. There is NO law saying you have to revamp your entire program, home or menus to accommodate a child who has allergies.
Now if the child is already enrolled and then develops allergies, I have no idea but just from what I've read, that is the info I have gotten.
HTH
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This is all great info! I have never had a child with a nut allergy. Good to know!Comment
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