Frequently Asked Questions FAQ-TEST

Food allergies are on the rise in children, and an estimated 13 percent of school aged children in the United States have one or more. And while there’s information out there, many of School Nutrition Professionals continue to have questions.

These answers can help provide practical information to inform School Nutrition Professional and help you to create a safer and more socially comfortable environment for kids with food allergies. Always check with your child’s doctor for specific advice. 

1.  What are the applicable federal guidelines I need to know about when it comes to managing food allergies in school nutrition programs?

   The primary federal guidelines that are involved in managing food allergies in school nutrition programs relate to allergies qualifying as a disability. Named for section 504 of the Rehabilitation Act, a 504 plan is a legal document that outlines the specific accommodations that will be provided by the school to the allergic child (or any child with a disability). A student whose allergies are determined, as a result of an evaluation, to have a physical or mental impairment that substantially limits one or more major life activity, such as breathing, will qualify for coverage under Section 504 of the Rehabilitation Act. Qualification for Section 504 coverage, as well as for coverage under the Americans With Disabilities Act (ADA), is much broader than that coverage under the Individuals with Disabilities Education Act (IDEA). Section 504 is the primary law governing accommodations for those with disabilities in the educational setting. The definitions and other aspects of Section 504 and the ADA are the same, as are their purposes - to ensure equal access for those with disabilities, as compared to those without disabilities. Since food allergy reactions have the potential to substantially limit the major life activity of breathing even if a student has never had an anaphylactic reaction, they can still qualify under Section 504. Schools can still be required to provide reasonable accommodations for food allergic students who are evaluated as being eligible for Section 504.
   
   A statement from a healthcare provider should be provided for a student identifying the major life activity impacted to be designated as “disabled” according to the ADA guidelines. This statement will be considered as part of the evaluation. Additionally, amendments adopted in 2009 to the ADA prohibit consideration of mitigating measures when making a determination regarding disability. Measures such as avoidance of a particular allergen qualify as a mitigating measure and a disability determination must consider whether a disabling condition exists without considering the effects of the mitigating measure. Additionally, the 2009 ADA amendments clarified that disability determinations involving episodic conditions, such as severe food allergies, must consider whether the condition is disabling during the episode itself. Even if a student looks healthy, the decision regarding disability should be made considering what would occur in the event that the allergen was ingested.
   
   Section 504 accommodations are meant to ensure equal access for students. Examples of accommodations that can help ensure equal access to education for students with food allergies include:
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   • Ensuring access to non-allergenic foods during times when foods are being provided to all students.
   • Designating “allergen-aware” tables in the cafeteria where the top eight allergens are not allowed.
   • Creating “food free” classrooms and shared spaces, such as computer rooms and libraries, where food is not allowed – to reduce the risk of accidental ingestion. This is also a more hygienic practice.

2. What foods are most commonly allergenic?

   A Section 504 plan is often a simple document of a few pages that is mostly checklist in format. It is completed by school staff, such as a school nurse and administrator, together with a child’s parents. Documented decisions represent collective decision-making where all parties’ input is considered and everyone has a seat at the table. It is helpful for school nutrition staff to participate in Section 504 planning for students with allergies to ensure that the 504 plan represents something that the school nutrition team can reasonably accomplish. An Allergy & Anaphylaxis Emergency Action Plan
   
   can also be a part of the Section 504 Plan which will also include nondiscrimination statements. Although many Section 504 Plans contain checklists, these plans should also include spaces to handwrite in relevant directions when checklists would be ineffective.
   
   For some students, a more simplified health plan may be adequate to meet their needs. Every child should have an Emergency Action Plan on file.
   
   One other relevant law is the Family Educational Rights and Privacy Act (FERPA). FERPA protects the privacy of student education records and ensures parental access to student records. Unless an exception applies, and there are many exceptions, FERPA requires schools to acquire prior written parental consent before disclosing the contents of a student education record, including a health record created and maintained by the school. To ensure compliance, a student’s food allergies should not be disclosed to anyone except those with specific interaction and responsibility for the care of the child without prior written parental consent. Unless specifically requested and/or approved by the parents, the child’s food allergies should never be discussed with other parents, students, or staff unnecessarily.
   
   For more information:
   
   • USDA: Accommodating children with special dietary needs in the school nutrition program. Available at: https://www.fns.usda.gov/sites/default/files/special_dietary_needs.pdf. • FAACT’s Civil Rights Advocacy Resource Center. Available at http://www.FoodAllergyAwareness.org/civil-rights-advocacy/. • American Academy of Pediatrics Website. Allergy & Anaphylaxis Emergency Action Plan. Available at https://www.aap.org/en-us/Documents/AA-EmergencyPlan.pdf.

3. How many people really have food allergies and why do they seem so common?

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4. What is the risk for an allergenic person when it comes to smelling allergenic foods?
   

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5. How can school nutrition professionals safely prepare allergenic foods when there are students and adults with food allergies in our schools?

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6. How do I identify a food allergy reaction and what do I do if it happens at my school?

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7. What do we do if a student’s parents want peanut butter off the menu?

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8. Is there a difference between food allergy and intolerance to foods?

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9. How can we prevent bullying around food allergies?

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10. Where can I get additional information about managing food allergies in schools?

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