5141.27
BP
Board Policy
Food Allergies/Special Dietary Needs
The Board of Education desires to prevent exposure of students to foods to which they are allergic and to provide for prompt and appropriate treatment in the event that a severe allergic reaction occurs at school.
The Superintendent or designee shall develop guidelines for the care of food-allergic students. Such guidelines shall include, but not be limited to, strategies for identifying students at risk for allergic reactions, avoidance measures and other means to manage allergies, education of staff regarding typical symptoms, and actions to be taken in the event of a severe allergic reaction.
Parents/guardians shall be responsible for notifying the Superintendent or designee, in writing, regarding any food allergies or other special dietary needs of their child in accordance with administrative regulation.
Students with serious dietary needs that qualify as a disability under Section 504 of the federal Rehabilitation Act or the Individuals with Disabilities Education Act shall be provided reasonable accommodation or services, as appropriate, in accordance with his/her accommodation plan or individualized education program.
Legal & Management References
State
5 CCR 15562 - Reimbursement for meals; substitutions
5 CCR 600-611 - Administering medication to students
Ed. Code 234.1 - Student protections relating to discrimination, harassment, intimidation, and bullying
Ed. Code 49407 - Liability for treatment
Ed. Code 49408 - Student emergency information
Ed. Code 49414 - Emergency epinephrine auto-injectors
Ed. Code 49423 - Administration of prescribed medication for student
Federal
20 USC 1232g - Family Educational Rights and Privacy Act (FERPA) of 1974
20 USC 1400-1482 - Individuals with Disabilities Education Act
29 USC 701-795a - Rehabilitation Act
29 USC 794 - Rehabilitation Act of 1973; Section 504
42 USC 12101-12213 - Americans with Disabilities Act
42 USC 1751-1769j - School Lunch Program
42 USC 1771-1791 - Child nutrition
42 USC 1773 - School Breakfast Program
7 CFR 210.1-210.33 - National School Lunch Program
7 CFR 220.1-220.21 - National School Breakfast Program
7 CFR 225.16 - Meal programs; individual substitutions
Management Resources
California Department of Education Publication - Training Standards for the Administration of Epinephrine Auto-Injectors, December 2004
Food Allergy Research and Education Publication - School Guidelines for Managing Students with Food Allergies
National School Boards Association Publication - Legal and Practical Issues Relating to Accommodating Students with Peanut Allergies, Inquiry and Analysis, April 2009
U.S DOE, Office for Civil Rights Publication - Dear Colleague Ltr & Questions & Answers on ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elem & Secondary Schools, 2012
U.S. Department of Agriculture Publication - Accommodating Children with Special Dietary Needs in the School Nutrition Programs: Guidance for School Food Service Staff, 2001
Website - CSBA District and County Office of Education Legal Services
Website - U.S. Department of Agriculture
Website - Food Allergy Research and Education
Website - National School Boards Association
Website - California Department of Education, Health Services and School Nursing
Website - U.S. Department of Education, Office for Civil Rights
Cross References
3554 AR Other Food Sales
3555 BP Nutrition Program Compliance
3555-E PDF(1) AR Nutrition Program Compliance
3555-E(1) AR Nutrition Program Compliance
4231 BP Staff Development
5030 BP Student Wellness
5125 AR Student Records
5131.2 AR Bullying
5141 AR Health Care And Emergencies
5141.23 AR Asthma Management
5141.24 AR Specialized Health Care Services
5145.3 AR Nondiscrimination/Harassment
5148.2 AR Before/After School Programs