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67 votes, 4 comments
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RE: Um, that's not evolution

Comment comment by scottb on 18 September 2007

This is probably true, but in the here and now, the Americans with Disabilities laws are set up in the favor of those with disabilities.

Yeah, I've always thought the ADA goes way too far on some issues. The 504 plan, though isn't about the ADA - it's to do with the 1973 Rehabilitation Act. Though I think a relevant point is that none of the relevant law - ADA, Section 504, or IDEA guarantees that the child will be kept in the regular public school.

One strategy that the laws would allow but that the parents of the allergic kids would probably reject, would be to remove those seven kids from the regular classrooms and put them in a separate classroom - then only the one classroom need be kept allergen free.

I feel the right decision was made in this case based on the laws currently in place and the possible consequences of doing nothing.

Well, I've only seen the one article, and I don't think it gave enough information to judge. If the kids are really so allergic that merely "opening a jar of peanut butter" somewhere in the school could trigger severe anaphylaxis, then those kids don't belong in the public school. On the other hand, we could be talking about a very mild allergy and preposterously hypersensitive parents, too. The article was just inadequate - focusing on the controversy rather than the relevant facts.

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