Can a School Limit what my Child Brings for Lunch Because Another Child has Food Allergies?
|
My 16 year old son, born with Down Syndrome, was asked not to bring his peanut butter sandwich to school because a fellow student (17 years old) has peanut allergies. Why can’t the student with allergies eat elsewhere? Why is my son forced to change or eat elsewhere due to the other student’s needs? |
“My 16 year old son, born with Down Syndrome, was asked not to bring his peanut butter sandwich to school because a fellow student (17 years old) has peanut allergies. My son has been bringing peanut butter sandwiches to school since he was 5. Why can’t the student with allergies eat elsewhere? Why is my son forced to change or eat elsewhere due to the other student’s needs? Thank you.”
Many schools have approached the peanut allergy issue differently. In most cases these policies have been created not only out of concern for individuals with allergies, but also out of fear of lawsuits. The federal Americans With Disabilities Act (ADA) requires government entities, such as schools, to make reasonable accomodations for those afflicted with various disabilities, such as food allergies. In many states, peanuts and peanut-products have been completely banned from schools.
The concern arises from the fact that while estimates say that only 1.5 million Americans suffer from any kind of nut-related allergies, for approximately 20 percent of them the allergic reaction can be fatal. In addition, according to several sources, allergic reactions can be set off not just from eating peanuts but by even having casual contact with their residue, such as crumbs, a smear on a table, or shaking hands with an individual who has recently eaten a peanut product.
While this may be difficult to explain to your child and may seem an outrageous over-reaction or extraordinary measure to accommodate one child’s needs, the risk of death or serious injury to that child may well offset some level of inconvenience to others.
My Daughter Is Bullied at School, The Principal Does Nothing, What Should We Do?
Should We Have to Pay Child Support for a Child with an Income?
Does My Ex Still Have to Pay Child Support if My 16 Year Old Quits High School?
For more on this subject check out these categories: Education, Misc. Legal Issues
Ray Everett-Church is a privacy and security consultant with PrivacyClue LLC and is co-author of "Internet Privacy for Dummies" Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.