Federal and Illinois Food Allergy Laws

There are a number of resources that can help you protect your food allergic child in school and
beyond. There are three federal laws that address kids with food allergies. They are:

1.) Section 504 of the Rehabilitation Act of 1973
          . This is where the phrase “504 Plan” comes from. A public school that receives federal money can’t discriminate against a child with a disability. Every child is entitled to a free and appropriate public education.

• Under this law, a food allergy may be a disability( the school has to determine it) because a severe reaction can interfere with a major life activity- such as breathing.
• The U.S. Department of Education Office for Civil Rights enforces this law.
• A “504 Plan” is simply a written plan that the food allergy parents and the school agree on to keep the child safe. It becomes a legal document.
  1. If a child needs services, then that should be provided in the 504 Plan.
  2. The more specific the 504 Plan the better.
  3. The 504 Plan should explain what everyone agrees upon for the child.
  4. The 504 Plan can set out the responsibilities of everyone involved from the child, to the teacher, nurse, parent, cook, bus driver etc.
  5. A Doctor’s order can become part of the 504 Plan.
  6. Any document the parties deem relevant can become part of the 504 Plan.
  7. A Food Allergy Action Plan can become part of the 504 Plan. It tells everyone what to do if there is a food allergy reaction. Sample Food Allergy Action Plans are on the Home page.
• If a parent disagrees with the approach of the 504 Plan then the parent can ask the school for a due process hearing. It must be an impartial hearing.
• If the 504 Plan is not followed, then the Office for Civil Rights (OCR) can help. The bottom line is, however; the OCR wants everyone to work as a team.
• The Chicago Office number is 312-886-8434

2.) Title II and III of The Americans with Disabilities Act of 1990

• It prohibits discrimination on the basis of disability by public entities.
• It prohibits discrimination on the basis of disability in the services, programs, or activities of   all State and local governments. (Like Park District programs)
• It even applies to such programs that DO NOT receive federal money
• The Office for Civil Rights also enforces this law. For more information see: www.ed.gov/about/offices/list/ocr/504faq.html or call the Chicago Office number at 312-886-8434
• This act protects children from discrimination whether or not the institution where the child is receives federal money. One place that it applies is to private schools.

3.) The 2008 Amendments to the ADA
          The Amendments impact food allergies because the Amendments stated that if mitigating measures helped your condition, that did not indicate that you did not have a disability. For example, if you have asthma and you avoid triggers or use an inhaler which helps, you still have asthma and you still might need an accommodation. Likewise with food allergies: one strictly avoids the food and if there’s a reaction one takes an anti-histamine or uses an epinephrine auto-injector. Those are mitigating measures but they don’t change the fact that one has a food allergy.

Also if your school received ANY money from the federal government, then it has to comply with the United States Department of Agriculture Guidelines (USDA). The Guidelines require, that if your child cannot eat what is being served, then the school needs to make a substitution, that is of nutritional equivalent to what is being served. But, you need to fill out a form. USDA Doc .

The CDC has developed Guideline for the Management of Food Allergies in Schools and Early Care and Education Programs, However this guidelines are Voluntary. CDC Guidelines

There are also a number of Illinois State Laws that will help protect your food allergic child. The state of Illinois also has Guidelines for Managing Life-threating Food Allergies in Illinois Schools, IL Food Allergy Guidelines.

I understand that reading bills is not an easy task for someone who did not have to study law while in school, and for those of us who did it's still tough, but it is the best way to get the information that we need.

Illinois House Bill 3741, states that a school, whether public or nonpublic, must permit the self-administration of medication by a pupil with asthma or the use of an epinephrine auto-injector by a pupil, provided that the parents or guardians provide the school written authorization for self administration. HB 3741 also states that a school may authorize a student or person authorized under the students individualized health care action plan to administer epinephrine.

HB5892, Amends the School Code. Provides for the administration of undesignated epinephrine auto-injectors by a pupil, school nurse, and trained personnel. Limits liability for the administration of undesignated epinephrine auto-injectors by a school nurse or trained personnel. Requires a school to permit the self-administration and self-carry of asthma medication by a pupil with asthma. Provides that prior to the administration of an undesignated epinephrine auto-injector, trained personnel must submit to his or her school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis. Requires training to be completed annually and sets forth training curriculum guidelines. Provides that within 3 days of the administration of epinephrine by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the Board certain information, which the Board will then use in its report to the General Assembly identifying the frequency and circumstances of epinephrine administration during the preceding academic year. Effective August 1, 2014.

For a more in-depth look at these two IL Laws check out; HB3741 and HB5892 .

Each state is different and some have more encompassing laws then others. Please be sure to check with your individual state, to be sure you are up to date on the current laws. I found my laws by going to the Illinois General Assembly keyword search. I used three key words to narrow the field, Epinephrine, Food, and Allergies, you can add school if you want to be more specific. This search helped me narrow the field of bills to 10 results and only 4 specific bills. Once you find your specific bill or bills, I recommend printing them out and reading them over a couple times. Go back later and highlight keep passages for fast reference in the future.