Letter from Brentson’s Pediatrician « Laura & Brentson Duke

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Legislation to Protect Children With Anaphylaxis Food Allergies in Tennessee

March 12, 2006

January 6, 2005

Dear Governor of Tennessee:

I had to go to a meeting to update Brentson’s 504/IEP at Stratton on 01/04/06. They are trying to kick Brentson off “homebound” and make him return to school with out the school environment being “Peanut Free.” Brent’s Pediatrician said, that he cannot return until the entire school environment is “Peanut Free!” However, they are still trying to kick him off Homebound. I have another meeting on Friday 01/13/06 so that I could get another letter from Brentson’s Pediatrician. I’d gotten a new letter from them (Brent’s Pediatrician) right before I went to this meeting on 01/04/06 and it clearly stated that until the entire school environment is peanut free and it is enforced on a daily basis, that Brent cannot return to school. Brentson got so upset over just the thought of them making him go back, he started having severe anxiety attacks. His heart was beating 195 times a minute, his blood pressure was extremely high, and his Pediatrician has put him on Valium. I need help! They are also saying that the America’s Disability Act states that food allergies that result in an anaphylactic reaction are not considered to be a “disability.” Therefore, Brentson’s “Peanut Allergy” would not qualify under the guidelines of Section 504. However, the USDA clearly states that anyone with an anaphylactic reaction due to food allergies would be considered a “disability.” The school said, that since Rep. Gary Moore is going to propose this “Law” this month, it could be about a year before the new law is enforceable. (They don’t want to pay for a ”Homebound Teacher” that long of a period.) Metro Schools are saying that they cannot enforce a “Peanut Free” school environment but that is not true! I was told by the Metro School Board that ”Pedro Garcia & Tina Bozeman” can enforce “Peanut Free School Environment!” I have contacted them repeatedly since the beginning of November and asked them to “ENFORCE PEANUT FREE” and “they” will not even respond to any of my emails or telephone calls! Please let me know if you know anyone that can help, because I will not let Brentson go back to school until the “ENTIRE” school environment is “PEANUT FREE!” I will go to jail first, because what kind of parent would I be if I to sent my child to school in an environment that is not safe! Also, I would be going against the orders of his Pediatrician too! The Metro School System is just begging to be “SUED!”I look forward to hearing from you soon.

Sincerely,

Laura Duke

This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy.

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This follow letter was written by Brentson’s Pediatrician on January 16, 2006, to Larry Brinton about Brentson’s anaphylaxis allergy to “Peanuts & Peanut Butter.”

Dear Mr. Larry Brinton:

Some background on me: I am a board certified pediatrician, at The Children’s Clinic and I am Brentson’s primary care physician.The absurdity of this situation is unbelievable. Brentson has a true life threatening allergy to peanuts and his mother is being asked to willingly place him in a potentially dangerous situation. I have tried to think of an analogy to convey how ludicrous this is. It is almost as if the school is telling parents there may be deadly venomous snakes at the school. There is a chance their child may be bitten by these snakes. However, their child must still attend school, and if they are absent from school the parent will be prosecuted for truancy. Peanuts are truly this lethal to Brentson. This is not just a stomach ache or sore throat from coming in contact with peanuts. This is an immediate swelling and closing off of his airway. The problem is that he is so allergic that if he touches a surface peanuts have been in contact with and then touches his mouth he will react with swelling of his airway.

Recently Brentson has begun to have anxiety and panic attacks. He is having nightmares that he is at school and someone touches him with a peanut and he dies. He now is on medication for anxiety at the age of 9.

Brentson has a medical illness which can be very deadly very quickly. It is important that this be treated with the same seriousness as a student who has asthma or diabetes. Just as in these illnesses, it takes a team approach including the parent, school, student, and physician to insure the child’s safety.

Sincerely,

Brentson’s Pediatrician with The Children’s Clinic

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February 21, 2006

Legislation Proposed in front of the House of Representatives in Nashville, Tennessee.

Edited to add the link: www.legislature.state.tn.us

“Bill Summary for *HB2442 / SB2883 This bill would require the department of education to develop guidelines for the management of students with life-threatening food allergies no later than January 1, 2007. These guidelines would include, but not be limited to:(1) Education and training of school personnel on proper medication procedures and care for students with such allergies;
(2) Procedures for responding to allergic reactions;
(3) Development of individualized health care and action plans for every student with such an allergy; and
(4) Protocols to prevent allergen exposure.Based on these guidelines, this bill would require each LEA to implement, by July 1, 2007, a management plan for students suffering from such allergies.”

Sent on February 23, 2006 and it was sent to all of the State Board of Education in all of the 50 States in the United States.

To Whom It May Concern:

My son, Brentson Duke has a severe peanut allergy. The Metro Nashville Public School System in Tennessee does not recognize Brent’s anaphylaxis food allergy as a disability under Section 504 or IDEA, per the State of Tennessee Attorney Generals Report opinion No. 05-178. I strongly disagree with that opinion from the State of Tennessee Attorney General. I am working with Representative Gary Moore’s office with the House of Representatives in Tennessee to put legislation in place to make school systems in the state of Tennessee work with health care providers to come to a resolution in protecting these children with anaphylaxic food allergies. I’ve recently had to pull my child out of the public school system in Nashville and I’ve started to home school him until this legislation can be put in place to hold school systems accountable for their actions. We went in front of the House of Representatives on Tuesday 02/21/06, and they have asked for copies of programs that other states or school districts have put in place to protect children with anaphylaxis food allergies. I did not know if the State Board of Education has a State-wide plan for an Allergy Free School Program or if there are individual school districts that have programs in place? If you would please forward any information that you believe would be helpful I would greatly appreciate it. If you have any questions please do not hesitate to contact me.

Sincerely,
Laura Duke

Hello Everyone,

Brentson and I have got some *G*R*E*A*T* NEWS! The bill passed the sub committee today, and it is going to the Full House Committee next week. I don’t understand exactly how all of this works but I am learning as we go along. Which is always a good thing… So, if I ever have to go after someone or should I say, some “School District,” ever again (to make them do the right thing) by then I’ll be a ”pro” at it… LOL! I hope you all are having a good day.