Anaphylaxis: A Handbook for School Boards - Education, Culture ...

Anaphylaxis:A Handbook for School Boardsagreement. Even in the absence of a court order or agreement, it cannot be assumed that either parent willsuffice; it may be that only the parent with whom the child lives can legally provide the consent. Additionally,there may be other situations where a legal guardian has been appointed or where, for example, agrandparent has informal custody of a student in the absence of the parents. School boards should seek legaladvice regarding the applicable provincial legislation.Refusal to provide consent. An educator who is aware of an anaphylactic student whose parent/guardianfails to make or refuses to make adequate or appropriate provision for the student may have a legal obligationto report these circumstances to the police or a child welfare agency, in accordance with child welfarelegislation. Again, such legislation varies from jurisdiction to jurisdiction.Educators may also become aware of anaphylactic students who refuse to consent to medical treatmentin the event of an anaphylactic reaction. Such a refusal to consent may occur for reasons ranging from bonafide religious beliefs to, for example, a teenager’s social embarrassment. In such circumstances, the schoolboard must carefully consider its obligations under the governing human rights legislation and the Charter. Insome cases, the school board may wish to consider whether the student should be allowed to continueattending the school in the absence of appropriate cooperation. Legal advice in this regard is stronglyrecommended.An even greater conundrum is posed by a student who refuses administration of medication in the courseof an anaphylactic reaction. As a careful or prudent parent, the responsible educator might attempt toadminister the medication despite such protests. A student may have a “right” to refuse treatment despite thepotentially dire consequences; however, in the throes of an anaphylactic reaction, he or she may not be in astate of mind to make informed medical decisions.These potential situations demonstrate why it is imperative to obtain the appropriate prior consent.Providing medical training for the administration ofmedicationThe layperson’s perception of the relative ease with which epinephrine injections may be administeredshould not be allowed to lull school boards into a false sense of security. In order to assist educators indischarging their legal responsibilities and to reduce the school board’s potential legal liability, it isrecommended that all educators and any other appropriate school personnel be trained to administer therequired medication in response to an anaphylactic reaction. Staff may also require training in the recognitionof an anaphylactic reaction. Ideally, such training should be provided by qualified and/or recognizedindependent instructors. A record of any such training should be kept so that it can be produced, if necessary.Respecting student privacyWhile a school board policy may provide procedures for communicating with internal school staff or thelarger school community about anaphylaxis generally or an anaphylactic student specifically, suchprocedures ought to be prepared with the privacy rights of the student and his or her family in mind. Again,protection of privacy and freedom of information statutes may prevent the release of personal information (i.e.,that a particular student is anaphylactic) without the required prior consent.19