Are Public Schools Required to Feed Students with Food Allergies?

What rights do students with food allergies have regarding school meals?

Food allergies affect millions of children and adults. The CDC estimates that at least 40% of school-age children are treated in emergency departments due to food allergies. This makes food allergies a critical element of disability accommodations in schools.

Since allergic reactions can be severe, even life-threatening, the best prevention is to avoid contact with allergens as much as possible. However, this is easier said than done for parents and guardians who rely on school breakfast and lunch. Is your child’s school required to give them meals that are safe for them to eat? The answer is that it largely depends on your school district, state laws, and whether you qualify for a Section 504 plan.

Is your child being excluded from school activities because of their food allergies? The LLF National Law Firm can help. Call us at 888-535-3686 or send us a message online.

Are Food Allergies a Protected Disability Under Section 504?

Section 504 of the Rehabilitation Act of 1973 operates in conjunction with the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). All schools and programs that receive federal funding must comply with Section 504.

This law exists to ensure that students with disabilities receive free and appropriate public education. Food allergies frequently qualify as a disability. However, while Section 504, as it is written, ensures that your child has the right to public education regardless of disability, it does not enshrine the right to free school meals.

Depending on the state and school district that you live in, there may be additional state-level and/or municipal protections for students with food allergies to ensure that they can receive school meals appropriate for them. In states like California and Minnesota that mandate universal school meals to public school students, your state education department may guarantee allergen-safe school meals if your local school district does not have such policies in place for students with food allergies.

Addressing School Meals with a Section 504 Plan

No matter where you live, parents and guardians have the right to create a Section 504 plan concerning your child’s food allergies.

Many parents and guardians of children with food allergies create individual health plans (IHPs) with their schools. It is a list of allergies and intolerances, procedures for school trips and parties, and subsequent accommodations such as having epinephrine devices on hand and safe food on hand.

A Section 504 plan is a legally binding care plan between you and your child’s school, making it a more secure option than an IHP. However, your child must meet the official legal definition of disabled to have a Section 504 plan. Your child’s doctor can prove this by documenting that major life activities like eating and breathing are affected by their food allergies.

Since Section 504 plans are legally-binding documents, they can ensure that safe school meals are provided, whether your state or district has a universal school meal policy or not. IHPs do not necessarily guarantee this.

Your child has the right to safe food and a safe learning environment. The LLF National Law Firm is here to advocate for your child’s health and safety, and we can assist you with navigating federal and state education laws and drafting Section 504 plans. Call us at 888-535-3686 or send us a message online.