On April 26, 2012 in a classroom at Walt Disney Elementary School at 5717 South 112th Street, Omaha, Nebraska, the entire special education staff consisting of two teachers and three paraprofessionals was fired. The school administrators would only say that it’s a personnel matter, and that only those in the special education classroom needed to know the reason for the dismissals. Not surprisingly, other parents in the school sought answers: Had those staffers, with whom their children also had contact, done something that could affect their children?
KMTV Omaha Action 3 News investigated, and sources revealed that the staff members exposed a peanut allergic non-verbal student to peanut butter while making peanut butter and jelly sandwiches as part of their lesson. I repeat, this was a non-verbal student, who couldn’t put up his hand and remind the teachers that he’s allergic to peanuts. He was completely dependent on them to keep him safe in his special needs classroom. The student had an allergic reaction, and 911 was called.
What caused the firing is the cover up that occurred after the incident. Action 3 News reports that the staff members threw away all the evidence and claimed they had no idea what happened to the student. Shame on them! It was the cover up that got them fired, and I hope that the specific reasons for the firing are permanently on their employment records.
Shame on the Millard County school administrators as well for making matters worse: They refused to explain to parents why the entire special education staff was fired. When the reporter visited the superintendent’s office, the superintendent told the receptionist to call 911 for police, even though it’s a public building and the camera crew can’t be denied entry. Millard County spokesperson Amy Friedman said they only told the parents of the small group of children involved what happened and that legally the district can’t say more.
Perhaps they’re concerned about a law suit in negligence, which could be launched by the child’s parents. An e-mail letter sent from the school to parents stated that it’s a “personnel issue” that’s confidential, and that the school “has their child’s best interests at heart.” Amy Friedman, when approached again by reporters for comment, called the news story “silly” and stated only that two teachers and three paraprofessionals won’t be returning to the school, and that’s all she can say. Omaha police said that Millard officials said “nothing criminal” happened in the school. The reporters could not reach the fired teachers for comment. Because of the administrators’ silence, it wasn’t until May 2nd, six days after the incident, that sources revealed the cause for the firings. To view the news story on KMTV Omaha Action 3 News, click here. There are related videos on the right side of that page as well.
I visited the Walt Disney Elementary School website specialists/paraprofessionals page, which you can visit by clicking here. No names have been revealed in the news stories, and anonymous sources have informed me that those involved in this incident have already had their photos removed from this page.
To provide any additional information to Action 3 News, post a comment on their Facebook page by clicking here.
You can reach Elizabeth Goldenberg, Onespot Allergy Blog, for comment by sending an e-mail message to info@onespotallergy.com.
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It is my understanding (not a lawyer) that the State law has to at a minimum, match the Federal Law. For example, the Federal Law protects those of us with Disabilities and prevents us from facing discrimination in hiring and firing practices. The States can not turn around and pass a law that prevents the protection the Feds gives us and instead give Businesses the right to discriminate.
Also, the problem with firing of an individual and disclosure is that it really becomes a matter for Lawyers to sort out whether the school can legally disclose the reasons behind the firing, or whether law prevents them from disclosing this information. The problem is that in American, the person fired, can sue those who fired them if the “wrong information” leaks out. I believe the District was trying to protect itself from a lawsuit. In America, sometimes it is a matter of you can be called into question no matter what you do, because either choice you make, someone will either slap you with a lawsuit, or slam you in public and in the news. Sometimes, damage control in just cheaper then the lawsuit.
Personally, I think that it is time that we start treating the poisoning of those with food allergies, as a Federal Crime. I would only mandate Pre-meditated 1st degree murder for those who bullied (with age, whether they are a child or adult, determining the actual sentence), and lesser sentences for those who tried to cover up but didn’t purposefully poison.
We are most definitely learning from each other as countries that deal with this issue. We all need to remember though, that education in Canada is a provincial matter so it needs to be first dealt with at that level here. I think it is the same in the states, but what is concerning to me is that the province of Alberta has a policy advisory that division pick & choose what they want to put in their administrative guidelines but there is no regulation of any of it. Much like the federal law that is voluntary for each individual state to pick as well.
I am not a lawyer but a mom just observing. Please correct me if I am wrong and thank you for giving me the opportunity to share my thoughts.
If the child had a IEP or #504 that stated the allergy and specifics to keep him safe then obviously this was against the Federal Disability Protection which is a Federal crime. The child had shadows or special ed teachers so he had federal papers to keep him safe and learning (and breathing) in an educational setting.
It’s an outrage, careless and deceptive! No one should take that situation lightly or hide the matter from the public, unless they too have ill intentions. The issue affects this child, as well as children across the country with allergies, special needs, or any simply in the care of professionals. Mistakes that are life threatening are by themselves a reason for dismissal. But THIS was conspiracy not a mistake, the proof is in the total cover-up. The school officials that choose to hide this from the public are not exempt from the whitewash! The staff originally involved should be prosecuted, as well as blacklisted from their professions, and the school officials should be dismissed from their positions.
I think since there is no law (like Sabrina’s Law in Ontario, Canada) regarding negligence then there is no law to charge them with. Here in Alberta, I don’t feel children in schools are protected by much of any laws. Occupational Health & Safety (OH&S) does not cover students as they are not workers. Bill C-45 I think is only for workers as well, I believe…but I am no lawyer.
I would really like to know more about what happened though…I think this story says a lot when it comes to dealing with allergies in schools.
isn’t the school now covering it up, isn’t that the same as the teachers did, maybe they should be fired also.
The officals said they did “nothing criminal?!?”.. WOW, if this were my child I think I’d feel like their actions were along the lines of attempted murder!!!! Seriously?! Ugh this makes my stomach churn! My tree nut, peanut, and shellfish allergic son goes into pre k next year, I’m terrified!! I can’t imagine how scared this family must be to entrust anyone with their child again.