this is the very reason i advocate to my daughter that if the school tells you to do something that is dangerous to you or others..do not participate…and i’ll deal with the school over it. me and my wife are looking to get our eldest out of the public schools and we hope we can also not have to put our youngest into the prison camps called the public schools system.
Maryland’s highest court has ruled that state agencies are not required to ensure children aren’t served food to which they are allergic.
The Maryland Court of Appeals has upheld the dismissal of a lawsuit by a former Frederick resident who sued after her 5-year-old daughter was served a peanut butter sandwich despite being allergic to peanuts. The decision was released Wednesday.
In 2005, Liana Pace, a kindergarten student at Frederick’s Hillcrest Elementary School, did not have a lunch or enough money to buy one. She was given a peanut butter sandwich, but told a cafeteria worker she wasn’t allowed to eat peanut butter.
According to the decision, “The worker mistook her protests as misbehavior and ordered her to eat the sandwich.” The girl went into anaphylactic shock and was given a dose of epinephrine to relieve the symptoms.
Her mother, Nicole Pace, sued the state of Maryland, the state Department of Education and others. The case was dismissed in Frederick County Circuit Court and appealed until it reached the Court of Appeals. Pace and her daughter no longer live in Maryland, according to the decision.
A spokesperson for Frederick County Public Schools could not be reached Friday.
The decision involved the National School Lunch Act, passed in 1946, which requires that free or low-cost meals be provided to schoolchildren.
According to the decision, “The NSLA was not designed to protect a particular subset of students, such as those with food allergies, but rather, to serve the needs of all eligible school-aged children.”
via Gazette.Net: Court: Frederick schools not liable in peanut allergy case.