Is A Child With Severe Food Allergies Considered Disabled?
February 6, 2010 by admin
Filed under Allergy Questions
My five year old son’s food allergies are so severe he cannot go to public shcool because they cannot guarantee that he will not come in contact with the foods he is allergic to. He does not have to ingest the foods just be near them or have any contact with a person or thing that the allergins came in contact with.
Food Allergies do fall under the American with Disabilities Act, and his school should make provisions to ensure his safety.
Unfortunately though, that doesn’t mean he’ll be 100% safe at school because its hard to 100% enforce that no child eats that allergen before coming to school or that no child has said allergen on their clothes.
There are legal ways to go about developing a plan to make the classroom a safe environment for your child, but you need to weight risks.. as even with an agreed upon plan of action.. Ooops’s do happen.
You may want to check out the following information, as a 504 plan is probably what you’re going to need:http://www.foodallergyinitiative.org/sec…http://www.foodallergyadvocate.com/504Pl…http://www.chtu.org/504.htmlhttp://www.wrightslaw.com/info/sec504.in…
I think it is insane that the school is not able to ensure his safety. My daughter is in the same situation, she is 7, and she is now going into second grade. She is not allowed to buy lunch unless I call first and clear it, she is in a room that is nut free, and free of the fruits she is allergic to. There is a peanut and tree nut free area of the lunchroom, or she can eat in her classroom. All other parents have been advised of the situation and they have been asked to take precautions. There are two Epi pens at school and the nurse has an action plan as to what to do if she has a reaction, and the teachers call me or I come in if there is food served. I provide alternative snacks for burthday party days,etc and one of us goes on all field trips or the nurse attends. She is not the only child with a food allergy, some more severe, some less, and the school should be prepared to protect your son. There must be other children with the same problem, can’t they find a way to ensure he is safe?
I would contact your school board, a child with any health issues needs to have normal social development with their peers. They will have to live in this world, so they need to be in a safe situation where they can develop normal friendships and learn in a school setting. It was the hardest, and scariest thing I ever did when I sent my daughter to school the first time, but I am vey confident now that they are doing everything they can to protect her. Good luck.
in my book, no, i have the same problem with walnuts.