It is estimated that approximately 12 million Americans and 3 million school-aged children suffer from a potentially life-threatening food allergy. See, “The Food Allergy and Anaphylaxis Network,” www.foodallergy.org. With Food Allergy Awareness Week (May 8-14) in our midst, this is an opportune moment to highlight how both federal and New Jersey law provide some protection to children with food allergies in our schools.
As for federal law, Section 504 of the federal Rehabilitation Act of 1973 may protect pupils with potentially life-threatening food allergies as qualifying them as affected by a “hidden disability.” See, 29 U.S.C. § 701 et seq. Section 504 protects those qualified as disabled from being excluded from the participation in, or denied the benefits of, any program or activity that receives federal financial assistance.It requires public schools to make reasonable accommodations to a student with a disability in order to allow that child the right to receive a free and appropriate public education, and the creation of a written “504 Plan” that specifies the educational or related aids and services that the school will provide in order to permit the pupil to participate in school activities.
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