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PostPosted: Tue Feb 13, 2007 9:49 am 
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Joined: Tue Feb 13, 2007 1:00 am
Posts: 5
Location: Florida
My 5 year old son has severe peanut allergies ... I wanted to send him to this summer program that gets funds from the city. Can you imagine they refused him admission to the summer program .. they said they are not equipped to deal with his allergy and they would not be able to administer the epi. Is there anything I can do ? What I would really like to do is sue the City... Do I have a case and where should I go/call to help?
ANy information would be greatly appreciated! Has anyone heard of any situation like this!
thanks
Sam


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PostPosted: Tue Feb 13, 2007 9:51 am 
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Joined: Sat Apr 16, 2005 12:09 am
Posts: 1054
That is discrimination -- are you living in Canada?


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 Post subject: son refused admission
PostPosted: Tue Feb 13, 2007 9:52 am 
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Joined: Tue Feb 13, 2007 1:00 am
Posts: 5
Location: Florida
I live in florida!


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PostPosted: Tue Feb 13, 2007 11:47 am 
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Joined: Mon Jul 03, 2006 8:23 pm
Posts: 190
In the U.S., there is the Americans with Disabilities Act, and (while I may be mistaken), this may apply to severe allergies as well. There seems to be some indication of this here:

http://www.michigan.gov/documents/Accom ... 9999_7.pdf

Please consider checking into this on your own, as I really know nothing about the situation in your area, and can only provide these links for you to look at.

http://www.usdoj.gov/crt/ada/qandaeng.htm

Here are a couple of excerpts that may or may not be useful:

"A. Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all State and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of State or local governments."

"A state or local government must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program, or activity. The State or local government may, however, adopt legitimate safety requirements necessary for safe operation if they are based on real risks, not on stereotypes or generalizations about individuals with disabilities. Finally, a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate that a particular modification would fundamentally alter the nature of its service, program, or activity, it is not required to make that modification."

Good luck!


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PostPosted: Thu Feb 15, 2007 1:27 pm 
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Joined: Wed Aug 10, 2005 11:21 am
Posts: 688
Location: Cobourg, ON
Who are the supervisors of the program? During high school and university I worked for many summer camp programs. In one program, we took field trips every week out of town and walked to local parks everyday. Looking back now most of the programs I worked in would not have been safe for allergic children. We did not have an adult with us most of the time while we worked with the children. When I worked for a camp for children with physical disabilities we had several children with life-threatening allergies but there were 2 nurses on staff and present during all meals and snacks.

_________________
13 year old daughter -- lives with life-threatening allergies to milk, tree nuts and peanuts; seasonal allergies (birch, maple, ragweed); pet allergies; asthma; and eczema
10 year old son - no allergies


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PostPosted: Sun Feb 18, 2007 1:59 am 
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Joined: Sat Oct 01, 2005 8:55 pm
Posts: 412
Location: Vancouver, BC
I can vaguely remember a case in the States where a little girl was denied entry to a (I think it was) private school. Her parents sued and won. That is all I remember, but I think I read the info. somewhere on this forum.

Sorry, My memory is weak, but I also think that kids with LTA's in the States are covered by the Disabilities Act.


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PostPosted: Sun Feb 18, 2007 5:19 pm 
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Joined: Mon Feb 07, 2005 6:39 pm
Posts: 2948
Location: Toronto
Pam, It was a young boy and he was denied enrolment in a private kindergarten in the U.S.
The parents did sue and win.

We did post a link, but that was ages ago. If I find it, will repost here.

_________________
Allergic to soy, peanut, shellfish, penicillin


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