Food Allergies and The Law:  Know Your Rights

Once my son, at the age of 1, was diagnosed with a severe peanut allergy, his two vials of Epi Pen Jr. came with us everywhere.  The supermarket, short walks around the neighborhood and to the park.  I carried it with us religiously.  So when I was informed after Kindergarten registration that he would not be able to have his Epi Pens with him when traveling on the school bus I was shocked, worried and concerned about him and others like him.  How could a school district, located in the suburbs just outside New York City, which accommodates those with food allergies by having a “peanut allergy class” throw caution to the wind and not allow the only medication that could save him if he came into contact with a peanut allergen on the school bus? 

As a School Psychologist I am aware that children share snacks on the bus. I have first handedly been informed of food allergic reactions on the school bus because a child (age 7) tasted another child’s cookie. And, as educated as a 4 year old can be about a peanut allergy, children are still curious and are still void of good judgment from time to time. 

Thus, the only way to completely ensure the safety of a student with a food allergy, especially a severe, life threatening one, is to have emergency medication accessible with staff educated to administer it at all times.  504 Plans are meant for just this type of special accommodation, but according to the school nurse my son’s life saving medication would not be allowed on the bus. 

In New York City, students with asthma are given special accommodations by being able to carry their nebulizers with them in case of an attack, as well as given small air conditioned buses to prevent the attack from occurring in the first place.  There is action taken to prevent an attack, which is exactly what I believe is the right of every child on the school bus.  The transportation of students to their school is an extension of the school environment and one that I believe should be covered under the 504 Accommodation Plan.  A safe and appropriate environment is part of the school staff’s responsibility to keep our children safe….right?

Note that 504s are not specific to my state (NY) but are part of the federal ADA act signed into law in 1990, which means that ALL states must comply. ALL students who have special needs and those who have needs that may restrict major life activities are entitled to special accommodations under the 504. The written law is that they “cover all programs of a school or college, including academics, extracurricular, and athletics.  Also the laws apply to the activities of a school or college that occur off campus”, which should include traveling to and from school.  I urge all of those who are denied Epi Pens on school buses to refer their school administrators to the law regarding 504s and to not take no for an answer. We must stay the advocates for our children and the pioneers in situations that have yet to be challenged and changed.

For more information on 504s, you can reference the link below which gives a broad overview of the plan. As the law for each particular state differs slightly, the site also provides links for detailed information on each particular state.(http://specialchildren.about.com/od/504s/f/504faq1.htm)

Debbie at www.peanutfreesweettooth.com    

Peanut Free Sweet Tooth