ACCOMMODATING FOOD ALLERGIES IN PUBLIC SCHOOLS
ACCOMMODATING FOOD ALLERGIES IN PUBLIC SCHOOLS Michele E. Morris, Esq. Deb Gold Smith, Esq. Union County Public Schools Monroe, North Carolina
Objectives • • • •
Understand the basics of food allergies Identify the concern in the school environment Discuss the applicable legislation Consider the components of defensible food allergy plans and policies
Food Allergy Basics • A food allergy is an adverse health effect arising from an immune response when exposed to a specific food. • “Food” can include drinks, chewing gum, food additives, and dietary supplements. Eight types of food account for over 90% of allergic reactions in affected individuals: milk, eggs, peanuts, tree nuts, fish, shellfish, soy, and wheat.
Food Allergy Basics • Students with food allergies have over-reactive immune systems that target otherwise harmless elements of a typical diet and environment. • During an allergic reaction to the food, the immune system recognizes a specific food protein as a target. • The substance in foods that cause this reaction is called the food allergen.
Concern in the School Environment • Schools are responsible for the health, safety and welfare of the students • Increase in the numbers of students with food allergies • Anaphylactic reactions in school are most often attributable to food allergies • Allergic reactions require an immediate response
Applicable Legislation • Section 504 of the Rehabilitation Act of 1973 (Section 504) • The Individuals with Disabilities Education Act (IDEA) • The Americans with Disabilities Act (ADA) and ADA Amendments Act of 2008 (ADAAA) • Don’t forget to consider the confidentiality requirements of the Family Education Rights and Privacy Act (FERPA)
Administrative Agency Guidance • In 2013, the Centers for Disease Control and Prevention (CDC) issued Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs.
Section 504 – Overview • To be protected under Section 504, a student must be determined to: ▫ (1) have a physical or mental impairment that substantially limits one or more major life activities; or ▫ (2) have a record of such an impairment; or ▫ (3) be regarded as having such an impairment.
• Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students who have a physical or mental impairment that substantially limits one or more major life activities.
Section 504 – Physical or Mental Impairment • Under Section 504 a physical or mental impairment is any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Section 504 –Substantially Limits • There is no one definition of “substantially limits”; each determination is made on a case by case basis. • However, “substantially limits” shall be interpreted without regard to the ameliorative effects of mitigating measures, other than ordinary eyeglasses or contact lenses.
Section 504 – Major Life Activity • The Regulations to Section 504 define Major Life Activities to include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. • The ADAAA enumerated activities such as: eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also considered major life activities to be the “operation of major bodily functions,” including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
Section 504 – Food Allergies • The Office for Civil Rights considers an allergy to be “a hidden disability” which is a physical or mental impairment that is not readily apparent to others.
Addressing Food Allergies • Team approach – this is a shared responsibility among school staff students, families and medical providers.
Plans to Address Food Allergies • Section 504 Plan • Emergency Action (or Care) Plan • Individual Healthcare Plan (IHP) • Ideally any plan should include a recent photograph of the child; information about the allergen, including a confirmed written diagnosis from the child’s physician or allergist; information about signs and symptoms of the child’s possible reactions to known allergens; information about the possible severity of reactions, including any history of prior anaphylaxis (although anaphylaxis can occur even in children without a prior history); a treatment plan for responding to a food allergy reaction or emergency, including whether an epinephrine auto-injector should be used; information about other conditions, such as asthma or exercise-induced anaphylaxis that might affect food allergy management and contact information for parents and doctors, including alternate phone numbers for notification in case of emergency.
Heath Plans and FAPE • According to OCR, a health plan alone does not satisfy the evaluation, placement, and procedural safeguard requirements of FAPE under Section 504.
Sample Accommodations • Either allowing the student to self-carry an epi-pen, or developing a process whereby an adult ensures that the epi-pen accompanies the student while in the school’s care (N.C.G.S. § 115C-375.2); • Implementing an “allergen protocol” classroom or lunch table where—if feasible—the child’s allergen is eliminated from the area; • Offering special diet orders and keeping a Safe Snack bin with allergenfree snacks; this bin can also be used when there are birthday treats, pizza parties, or other food-related events in the classroom. • Cleaning areas where the child with the allergy may be present and/or providing the child with special supplies (art supplies, computer key boards); • Placing hand washing stations outside the student’s classroom; • Providing staff training on allergies, anaphylaxis, and epinephrine autoinjector pens; • Providing communication devices to school staff to allow easy and quick communication in the event of an emergency.
Policy Components • Identify the students with food allergies and develop individual plans; • Develop medication protocols for storage, access and administration; • Create and train emergency responders; • Provide training for all staff and awareness education for students and families; and • Create healthy school environments for all staff and students.
Thank you! Thank you for allowing us to share our experiences with you today. Michele E. Morris [email protected]
Deb Gold Smith [email protected]
Objectives • • • •
Understand the basics of food allergies Identify the concern in the school environment Discuss the applicable legislation Consider the components of defensible food allergy plans and policies
Food Allergy Basics • A food allergy is an adverse health effect arising from an immune response when exposed to a specific food. • “Food” can include drinks, chewing gum, food additives, and dietary supplements. Eight types of food account for over 90% of allergic reactions in affected individuals: milk, eggs, peanuts, tree nuts, fish, shellfish, soy, and wheat.
Food Allergy Basics • Students with food allergies have over-reactive immune systems that target otherwise harmless elements of a typical diet and environment. • During an allergic reaction to the food, the immune system recognizes a specific food protein as a target. • The substance in foods that cause this reaction is called the food allergen.
Concern in the School Environment • Schools are responsible for the health, safety and welfare of the students • Increase in the numbers of students with food allergies • Anaphylactic reactions in school are most often attributable to food allergies • Allergic reactions require an immediate response
Applicable Legislation • Section 504 of the Rehabilitation Act of 1973 (Section 504) • The Individuals with Disabilities Education Act (IDEA) • The Americans with Disabilities Act (ADA) and ADA Amendments Act of 2008 (ADAAA) • Don’t forget to consider the confidentiality requirements of the Family Education Rights and Privacy Act (FERPA)
Administrative Agency Guidance • In 2013, the Centers for Disease Control and Prevention (CDC) issued Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs.
Section 504 – Overview • To be protected under Section 504, a student must be determined to: ▫ (1) have a physical or mental impairment that substantially limits one or more major life activities; or ▫ (2) have a record of such an impairment; or ▫ (3) be regarded as having such an impairment.
• Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students who have a physical or mental impairment that substantially limits one or more major life activities.
Section 504 – Physical or Mental Impairment • Under Section 504 a physical or mental impairment is any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Section 504 –Substantially Limits • There is no one definition of “substantially limits”; each determination is made on a case by case basis. • However, “substantially limits” shall be interpreted without regard to the ameliorative effects of mitigating measures, other than ordinary eyeglasses or contact lenses.
Section 504 – Major Life Activity • The Regulations to Section 504 define Major Life Activities to include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. • The ADAAA enumerated activities such as: eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also considered major life activities to be the “operation of major bodily functions,” including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
Section 504 – Food Allergies • The Office for Civil Rights considers an allergy to be “a hidden disability” which is a physical or mental impairment that is not readily apparent to others.
Addressing Food Allergies • Team approach – this is a shared responsibility among school staff students, families and medical providers.
Plans to Address Food Allergies • Section 504 Plan • Emergency Action (or Care) Plan • Individual Healthcare Plan (IHP) • Ideally any plan should include a recent photograph of the child; information about the allergen, including a confirmed written diagnosis from the child’s physician or allergist; information about signs and symptoms of the child’s possible reactions to known allergens; information about the possible severity of reactions, including any history of prior anaphylaxis (although anaphylaxis can occur even in children without a prior history); a treatment plan for responding to a food allergy reaction or emergency, including whether an epinephrine auto-injector should be used; information about other conditions, such as asthma or exercise-induced anaphylaxis that might affect food allergy management and contact information for parents and doctors, including alternate phone numbers for notification in case of emergency.
Heath Plans and FAPE • According to OCR, a health plan alone does not satisfy the evaluation, placement, and procedural safeguard requirements of FAPE under Section 504.
Sample Accommodations • Either allowing the student to self-carry an epi-pen, or developing a process whereby an adult ensures that the epi-pen accompanies the student while in the school’s care (N.C.G.S. § 115C-375.2); • Implementing an “allergen protocol” classroom or lunch table where—if feasible—the child’s allergen is eliminated from the area; • Offering special diet orders and keeping a Safe Snack bin with allergenfree snacks; this bin can also be used when there are birthday treats, pizza parties, or other food-related events in the classroom. • Cleaning areas where the child with the allergy may be present and/or providing the child with special supplies (art supplies, computer key boards); • Placing hand washing stations outside the student’s classroom; • Providing staff training on allergies, anaphylaxis, and epinephrine autoinjector pens; • Providing communication devices to school staff to allow easy and quick communication in the event of an emergency.
Policy Components • Identify the students with food allergies and develop individual plans; • Develop medication protocols for storage, access and administration; • Create and train emergency responders; • Provide training for all staff and awareness education for students and families; and • Create healthy school environments for all staff and students.
Thank you! Thank you for allowing us to share our experiences with you today. Michele E. Morris [email protected]
Deb Gold Smith [email protected]
