Posts Tagged ‘ada’

small steps toward justice

Two years ago, I submitted a complaint to the U.S. Department of Justice.

My older son’s school had recently changed owners. I was sad to see the old owner go; she’d been so sweet to both my sons. On the other hand, she’d had to close the school baby room, which meant I’d had to move my then-infant son to a school that cost more than twice as much.

The new owners would be reopening the school’s baby room. If I could move my younger son back there, I’d pay half as much for his daycare. I was relieved by the prospect.

Unfortunately, two factors converged against his enrollment.

First, he’d recently been diagnosed with a severe egg allergy. Where he went, so went his EpiPen. Read more…


The ADA, food allergies, and one rude-ass administrator

Yesterday I wrote about how the federal Americans with Disabilities Act (“ADA”) applies to people with severe food allergies.

Today I had the opportunity to speak with my son’s school’s new owner. I began by calmly introducing my concern, giving a high level overview of the ADA as it applies–per the Department of Justice–to child care centers and kids with severe food allergies.

The owner quickly jumped in and explained that, because of teacher-student ratios and “mildly ill” student provisions, he’s permitted to decide whether or not to administer certain medications. He spoke in a manner Anthony would call “shouting,” but which I’d merely describe as “heated.”

I said that was inconsistent with everything I’d read on the ADA so far, since it must be construed to protect more affected individuals than fewer. Could he please point me to the provisions overriding the ADA?

“You’re not going to scare me!” he barked.

Startled, I said, “That’s good, because scaring wasn’t my intention.”

“Beside, this–” he said, thumping the school’s handbook. “–was put together by a bunch of lawyers!”  Read more…

Allergies, child care and the ADA

My sixteen-month-old son, Littler J, is severely allergic to eggs. My husband and I keep an Epipen with us at all times, and leave its twin with Littler’s child care.

My husband and I were considering moving Littler to his older brother’s school when it opens its infant room soon. Unfortunately, a sentence in the handbook provided by the school’s new owners concerned my husband.

I hadn’t actually read the sentence when my husband revisited it last week.

“This pisses me off!” Anthony exclaimed. “Can they even do this?”

He started reading the offending sentence. “‘We do not accept responsibility-‘”

I was talking with a friend. I waved him off. “Of course they can’t accept responsibility for outcomes! That’s a standard disclaimer.”

“I don’t think that’s what it says, Deb.”

I wasn’t listening.

I finished reading the sentence this morning. I immediately understood why Anthony was enraged, and unwilling to entrust Littler’s care to the school. Read more…

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