Based on advice by the school district attorney, administration told parents at the Lake Orion School Board meeting on Feb. 11 peanut products will continue to be banned at Blanche Sims Elementary School.
Arlene Vaughn, mother of two children at the school had asked board members to have a committee develop a specific policy on children with special dietary needs at Blanche Sims and possibly other schools.
Vaughn’s request was in response to a complete ban of peanut products at Blanche Sims last fall. A first grader at the school has an airborne peanut allergy. It could be life threatening if the child is exposed.
Two other elementary schools, Carpenter and Paint Creek, have peanut bans.
‘The lawyer said if we know this (a child has allergies) and don’t take as many actions as we can, we could be liable ,’LO Assistant Superintendent Chris Lehman said.
The attorney based his opinion on Section 504 of the Rehabilitation Act of 1973. It prohibits discrimination on the basis of disability. He indicated an allergy is a physical impairment within the meaning of the act.
He said because exposure may cause a student to experience a potential life threatening reaction, thereby limiting a major life activity, it constitutes a disability protected by the law.
‘We’re trying the best we can to limit exposure,? Lehman said. ‘We see different situations in different schools. Each case is looked at individuality.?
According to Vaughn, other organizations and school districts, such as Rochester and Novi, don’t support an outright ban of peanut products.
She was surprised that other options other than a complete ban weren’t discussed openly at Blanche Sims.
Vaughn said that some court cases have ruled that allergies are not a disability. She believes a ban of such food as peanut butter could cause some families undo hardship. Their food cost could increase when the purchase of food items such as lunchmeat and cheese are bought to replace peanut butter.
‘Families in this district also have budgets,? she added.
According to Vaughn, students at Blanche Sims are frustrated and confused over what acceptable food to bring to school.
Some parents felt schools couldn’t guarantee that schools would be completely safe from peanut product exposure; a ban would give a false sense of security and open up the school district to liability.
Don Luby has two children with peanut allergies in the school district.
‘My oldest son went into shock when just touched by a student with peanut butter. I have no sense of false security. I know the ramifications. There’s no measure that would relieve our fears for our kids, ‘he said. ‘The current policy is necessary. It’s not an issue of choice, but of safety.?
Don Hutchison’s son is the first grader at Blanche Sims. ‘This ban has been a Godsend for us and does reduce the possibility of a reaction.? he told school board members.
Chris Murphy is a parent who’s active at Paint Creek. ‘We aren’t peanut police. We don’t search lunches or deny snacks. The students police themselves. Once they’re made aware (of a student’s allergy), they want to help that child.
‘A child’s right to live is more important than my children’s right to eat peanut butter,? she said.