BP 5141.27 — Food Allergies/Special Dietary Needs
Section: 5000 - Students
Status: Active
Adopted: 2014-12-09
Revised: 2021-12-16
Policy text
FOOD ALLERGIES/SPECIAL DIETARY NEEDS
The Governing Board desires to prevent students’ exposure to foods to which they are allergic or intolerant 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 are not limited to, strategies for identifying students at risk for allergic reactions, avoidance measures, 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 severe food allergies or other special dietary needs of their child in accordance with administrative regulation.
When a student’s severe food allergy or food intolerance substantially limits one or more major life activities, their parents/guardians shall be informed of the district’s obligation to evaluate the student to determine if they requires accommodations pursuant to Section 504 of the Federal Rehabilitation Act. The student shall be evaluated in accordance with law and the procedures specified in AR 6164.6 - Identification and Education under Section 504. If that process results in the development of a Section 504 plan, the district shall provide the accommodations and/or aids and services identified in the plan.
If a student’s diet restrictions and needed services are addressed in an individualized education program (IEP), the Superintendent or designee shall ensure compliance with the IEP including any necessary food substitutions.
Students shall not be excluded from school activities nor otherwise discriminated against, harassed, intimidated, or bullied because of their food allergy.
Any complaint of alleged noncompliance with this policy shall be addressed through appropriate district complaint procedures.
The district’s food services program may, but is not required to, accommodate individual student preferences or diets that are not supported by a statement from the student’s health care provider.
Legal
EDUCATION CODE
234.1 Prohibition against discrimination, harassment, intimidation, and bullying
49414 Emergency epinephrine auto-injectors
49423 Administration of prescribed medication for student
CODE OF REGULATIONS, TITLE 5
600-611 Administering medication to students
15562 Reimbursement for meals, substitutions
U.S. DEPARTMENT OF EDUCATION
1232g Family Educational Rights and Privacy Act of 1974
UNITED STATES CODE, TITLE 29
1400-1482 Individuals with Disabilities Education Act
701-795a Rehabilitation Act, including:
794 Rehabilitation Act of 1973, Section 504
UNITED STATES CODE, TITLE 42
1751-1769h National School Lunch Program
1771-1791 Child nutrition, especially:
12101-12213 Americans with Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 7
210.1-210.31 National School Lunch Program
220.1-220.21 National School Breakfast Program
225.16 Meal programs, individual substitutions Management Resources: