The school will not accomodate gluten-free/DF!

[IntheMiddleofNowhere]

I am a nursing student, and my children attend preschool.  The preschool uses the college's dining facility to cater all of their meals.  I spent time providing a training for the community college's dining facility staff on allergens, cross-contamination, and understanding the importance of strict avoidance for allergic individuals or in celiac disease.

There are a number of small children with celiac disease, allergies, and intolerances, whose parents are required to pay the same amount, but do not receive meals, and must send food to school with their children, because the dining facility cannot accommodate.  Of course, our family is one of them.  My daughter must be gluten and dairy free, while my son is only gluten free. 

I know that this is somehow illegal, wrong, or unethical, but don't know what steps should be taken.  The school claims no responsibility, and will not budge on the payment system to adjust the price for children unable to participate in the  meals.  The dining facility has claimed for many months that they are working on being able to accommodate, but it was recently revealed that they are actually working on a letter from their attorney to force parents to sign a "release of liability waiver" before serving the allergic children. When I provided the training 4 months ago, all of the staff displayed decent levels of understanding and interest.

What can I do to rectify this situation?  Who needs to be informed, or who can help "encourage" (force is okay as well, as long as my family doesn't have to get involved in a lawsuit) the preschool to provide an adjusted cost to these families?  If the dining facility is requiring a waiver, I am not confident in their ability to prepare, nor determination/dedication to provide "safe" food. (albeit, I understand why)

I am the person who initiated the chain of events, and have been pushing everyone along the way to be able to provide "safe" meals for the children, but at this point, I am fed up with everyone involved, particularly the preschool, because they seem to want nothing to do with the situation, and are making me deal directly with their vendor.

Advice please?!?! I don't want to ruin our relationship with the preschool, because the teachers are wonderful and my kids really enjoy it there... but for the sake of my family and many other current and future families... I don't want to just look the other way!

[cyclinglady]

This is not my area of expertise but here's a link about a 504 plan and the American Disabilities Act as it pertains to celiac disease:

Open Original Shared Link

Open Original Shared Link

I do not think that preschool,  which is not receiving government funding, falls under a 504 plan.  Preschool is optional (I think).  

Personally, I wouldn't trust anyone to prepare GF meals safely every single day ( I worked in food service all through college and I do not think it has changed).    It is a risk that I rarely take as an adult.  My child is 15 and does not have celiac disease, but she only bought lunch ONCE back in the first grade.  It was horrible.  Every morning for the past 10 years, I have made her lunch.  Every...single...day.  Her lunches are much healthier and I purchased a Thermos for hot lunches.  She gets hot left overs like meatloaf, soup, stews, etc.

I can see why the school would want to have parent's sign a waiver.  It is scary to think you could cause a child's death who has an allergy.  Fortunately, this would not happen to a child with just celiac disease.  Not sure how such a waiver would stand up in court for a parent to sign-away a child's rights.  

See what other parent's have to say.  I think most end up just packing a lunch and working on how to avoid cross contamination within the classroom.  

Good Luck! 

[StephanieL]

I would perhaps call the OCR/DOJ and discuss the situation with them.  It it wrong? Maybe. Is it legal? Perhaps.  Depending on if there is government funding and many other factors will play into this stuff. 

In reality, most people with allergies/Celiac won't trust an institution to actually be able to manage these issues.  While many *could* force the issue through the DOJ, there has to be a LOT of trust that they know what they are doing. Reading every label every time. Calling for cross contact because it doesn't have to be listed to be sure it's safe.  The reality is most people just don't get it.  

[SLLRunner]

In addition to what others have said, it seems to me the cost for the preschool is one thing, and then those who want meals should have to pay extra for them.  I would certainly write a letter to the head of the school asking that this be done.  If certain children are not getting meals then they should not have to pay for them, period. 

Even though you have educated the staff on precautions for children with celiac and food allergy, I would not trust that they would always do things to avoid cross-contamination.  It's probably a good thing they are not complying at this time.

[kareng]

I think it is actually easier for the day care to serve meals they make than have to help a bunch of 3 year olds open all the packets and containers in individual sack lunches.  Harder to keep track of other, more lethal allergens, like peanuts.  So I doubt they would want to make buying lunch an option at this age.

Fair or not, I wouldn't let them feed my toddler.   They have made it very clear that they can't handle Celiac.  You have a few options,that I can think of right now,  like them or not - put your kids somewhere else, keep them home with a safe care provider or parent, bring their lunch and make sure the day care knows not to give your children any food that is not sent by you.  

Edit to fix bad typing

[StephanieL]

27 minutes ago, kareng said:

  Harder to keep track I'd other, more lethal allergens, like peanuts.  

Just a note, milk, egg, soy and so on can all be lethal.  I'm sure you know that but I just like to be sure people understand that the peanuts are not the only lethal allergy.  My kid has life threatening allergies to all of the above, 1 small bite of egg even baked into something and he has an anaphylactic reaction and it's very common.

[kareng]

19 minutes ago, StephanieL said:

Just a note, milk, egg, soy and so on can all be lethal.  I'm sure you know that but I just like to be sure people understand that the peanuts are not the only lethal allergy.  My kid has life threatening allergies to all of the above, 1 small bite of egg even baked into something and he has an anaphylactic reaction and it's very common.

Sure.  Peanuts were just an example that most people recognize.   But if a kid in the class had a bad egg or banana or any other food allergy - it's easier to keep them away from the whole group, if the place is feeding them.   But I still think I would send thier lunch or find other arrangements.  Too scary for me.

 

[IntheMiddleofNowhere]

I really appreciate all of your responses!  You guys all realigned my thinking on one thing... what was I thinking to try to get the school to provide lunches.  I know what I was thinking... easier, "free" (since I'm already paying for it), and more variety than I send. ... but you guys nailed it.  We don't eat out, because I get sick almost everywhere that claims they do gluten free.  I am obsessive about not having gluten in our house, and not allowing any cross contamination with the small amount of dairy we do use now and then... yada yada...

You guys were right, I shouldn't have been pushing for them to be able to accommodate us.  I guess I was just so frustrated with the fact that the childcare is so expensive to begin with, and that part of that cost assumes that my children are getting the meals. When the school wouldn't change the price, I felt like my only option was to make the $$$ worth it somehow.  No price is worth my children's health.

SLLRunner and StephanieL - I agree with and appreciate those suggestions.  I think I can/will/should write a letter to the school about the situation.  I'm really not one of those crazy people who thinks that everyone should accommodate us, quite the opposite actually... so I think what it boils down to is that we are paying for a product that we are not receiving. 

Now the challenging risk is... will there be indirect ramifications to speaking up? Perhaps :-\  And if nothing comes of it... and I chose to keep my kids there... I will both look like I was whining with no back bone, and risk damaged relationships.

[SLLRunner]

Quote

Now the challenging risk is... will there be indirect ramifications to speaking up? Perhaps :-\  And if nothing comes of it... and I chose to keep my kids there... I will both look like I was whining with no back bone, and risk damaged relationships.

It's all in the perception: I think you will come across a strong advocate. Besides this, it doesn't matter what other people think.