Wrightslaw l No Child Left Behind l IDEA 2004 l Fetaweb l Yellow Pages for Kids l Harbor House Law Press

 Home > Topics > Allergies / Anaphylaxis


The Special Ed Advocate
It's Unique ... and Free!

Enter your email address below:

 

2014 - 2015 Training Programs

Oct 23 - Wilton, CT

Oct 25 - Olympia, WA

Oct 30 - Phoenix, AZ

Nov 6 - McAllen, TX

Nov 18 - DesMoines, IA

Nov 21 - Temecula, CA

Dec 4 - OKC, OK

Full Schedule

Be a Hero ...

 Jason at Ft. Benning
... to a Hero
Learn more

Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Consultations
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Books & DVDs
Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Bulk Discounts
New! Military Discounts
Mail & Fax Orders

Advocacy Library

Articles
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Summer School Series
Success Stories
Tips

Law Library

Articles
Caselaw
IDEA 2004
No Child Left Behind
McKinney-Vento Homeless
FERPA
Section 504
Fed Court Complaints

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention (Part C)
Eligibility
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
ISEA
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE/Inclusion
Mediation
Military / DOD
No Child Left Behind
NCLB Directories
NCLB Law & Regs
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based Instruction
Response to Intervention (RTI)
Restraints/Abuse
Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 

Print this page

Allergies / Anaphylaxis

school kids at lunch tableYour school should have an appropriate Food Allergy Management and Prevention Plan in place to promote the health and well-being of children with food allergies. School plans should establish priorities for reducing the risk of exposure to food allergens and establish practices for responding to food allergies.

This page has links to information, articles, caselaw, legal reference files, resources, and free publications relating to allergy, anaphylaxis and more.

Articles

3rd Circuit Will Hear Food Allergy Discrimination Case. A case involving a kindergarten student with a tree nut allergy has the potential to set a precedent for food-allergy-related accommodations in a federal appellate court.

When a School Refuses to Protect a Child with Life-Threatening Allergies. Office for Civil Rights (OCR) investigates "extraordinary circumstances" of a complaint alleging that Gloucester County VA Public Schools discriminated against a child on the basis of her disabilities, denied her a free and appropriate public education that addressed her needs, and failed to ensure a safe educational environment.

IDEA and Kids with Special Dietary Needs. The USDA’s nondiscrimination regulation (7 CFR 15b), as well as the regulations governing the National School Lunch Program and School Breakfast Program, make it clear that substitutions to the regular school meal must be made for children who are unable to eat school meals because of their disabilities.

Asthma and Allergy Watch. When Law and Duty Collide by Cathy Owens, RN, Lead Nurse, Murietta Valley High School from the School Nurse News, September 2001.

To see a list of those who have passed away due to death by allergy, click on this link - http://nonutsmomsgroup.weebly.com/blog/remembering-those-we-have-lost-to-food-allergies.

Caselaw

Amicus brief in T.F. vs. Fox Chapel Area School District (May 2014) filed by Food Allergy Research and Education (FARE) and the Council of Parent Attorneys and Advocates (COPAA).

Appeal brief in T.F. vs. Fox Chapel Area School District (April 2014), in the Third U.S. Circuit Court of Appeals.

Resources

Food Allergy Research and Education (FARE).

Tools and Resources from FARE.

American Academcy of Allergy Asthma and Immunology.

Food Allergy and Anaphylaxis from the National Association of School Nurses.

Ready2Go for people at risk for a life-threatening allergic reaction.

Schools and Allergies Resource Hub from Allergic Living.

Food Allergy News and Research from Kids With Food Allergies.

Food Allergies and Travel from KidsHealth.

Food Allergy, 504 Plans, Title II, and K-12 Schools from AllergicChild.com.

Legal References

Illinois Food Allergy Emergency Action Plan, 2014 amended School Code Section. 5, 22-30.

School Access to Emergency Epinephrine Act (November 2013) will encourage schools to plan for severe asthma attacks and allergic reactions.

Questions and Answers About the Lesley University Agreement and Potential Implications for Individuals with Food Allergies. US Department of Justice, Civil Rights Division, December 2012.

The Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009. Definition of Disability, p. 7.

Settlement agreement under the ADA between US and La Petite Academy (1997) adopted by La Petite as its policy for treating children with severe allergies, including its policy for administering epinephrine through the use of the EpiPen.

Free Publications

Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs, Centers for Disease Control and Prevention (CDC) 2013.

Reducing the Risk of Exposure to Food Allergens. Recommendations from the Centers for Disease Control and Prevention (CDC) 2013.

Managing Food Allergies in the School Setting. Guidance for Parents from Food Allergy Research and Education (FARE).

Anaphylaxis Emergency Action Plan from the American Academy of Allergy Asthmas and Immunology.

Safe at School and Ready to Learn: A Comprehensive Policy Guide for Protecting Students with Life-Threatening Allergies from the National School Boards Association.

A Checklist for School Nurses: Voluntary Guidelines for Managing Food Allergies in Schools and Early Care and Education Programs from NASN.

Guidelines for Managing Life-Threatening Food Allergies Schools:

  • Connecticut from the Connecticut State Board of Education
  • Illinois from the Illinois State Board of Education and the Illinois Department of Public Health
  • Maine Allergy/Anaphylaxis Action Plan
  • Massachusetts from MA DOE
  • Pennsylvania from the PA Department of Education (DOE) and Health (DOH)

Note: To find your state or district plan, search in your browser for "school allergy action plan + [your state / district name]"

Bullying Among Children and Youth with Disabilities and Special Health Needs. Kids with food allergies may be at higher risk of being bullied. Bullying can include making fun of kids because of their allergies or exposing them to the things they are allergic to. In these cases, bullying is not just serious, it can mean life or death.

9 Ways to Help Your Food-Allergic Child Deal with Bullying from About.com.



Last revised: 07/03/14


Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

 

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video

 

Copyright 1998-2014, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

Contact Us | Press Mission l Our Awards l Privacy Policy l Disclaimer l Site Map

New Book!

Now Shipping!

Wrightslaw: All About Tests and Assessments
About the Book

Check it out!

Wrightslaw Store

The Advocate's Store

Get Help!

Blog the Wrightslaw

Wrightslaw on Facebook

Find us on Facebook

Wrightslaw Books

Student Discounts

Military Discounts


Wrightslaw: All About IEPs

About the Book
To Order

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book
To Order


About the Book

To Order


Surviving Due Process: Stephen Jeffers v. School Board

About the DVD Video
To Order


To Order


Wrightslaw: No Child Left Behind

About the Book
To Order

Wrightslaw Multimedia Training


Understanding Your Child's
Test Scores (1.5 hrs)

Understanding Your Child's Test Scores

Learn More
To Order
Retail Price: $
24.95
Wrightslaw Special: $14.95

Special Education Law & Advocacy Training
(6.5 hrs)


Wrightslaw WebEx Special Education Law & Training Program (6.5 hrs)


Learn More
To Order
Retail Price: $99.95
Wrightslaw Special: $49.95