Allergies / Anaphylaxis
Your 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.
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.
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.
Tools and Resources from FARE.
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.
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.
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.
Guidelines for Managing Life-Threatening Food Allergies Schools:
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.