Guidelines for Managing Life-Threatening Food Allergies in Illinois Schools - How They Can Help You Even if You Don't Live in Illinois

Does your school district have a food allergy policy?  Did you know that if it's a public school in Illinois, it is a requirement to have district wide food allergy management guidelines in place?

Like many requirements for which the schools get no State money, often referred to as "unfunded mandates," sometimes school districts do the minimum amount necessary to comply with the requirement.  For that reason, if you live in Illinois, you should find out what your district's policies are and whether they are sufficient to protect severely food allergic students.  If they are sufficient, find out whether your school is actually following the district guidelines.

If you live outside of Illinois, you should find out if your school district has food allergy guidelines and, if not, lobby it to create guidelines for managing food allergies. 

Start by educating yourself about the State guidelines.  In August 2009, the Illinois General Assembly passed Public Act 96-0349.  This Act required the Illinois State Board of Education (ISBE), in conjunction with the Illinois Department of Public Health (IDPH), to appoint a committee to create guidelines for managing life-threatening food allergies in Illinois schools.  The committee was comprised of medical experts in food allergies, representatives on behalf of students with food allergies, principals and other representatives from public schools, a State Representative, and statewide teacher's organizations.

I was a proud member of that committee, serving as an attorney and representative on behalf of students with food allergies.  We created the Guidelines for Managing Life-Threatening Food Allergies in Illinois Schools, which the ISBE and IDPH adopted.  Creating these guidelines caused us to consider every aspect of the day of a food allergic child, as well as how making certain accommodations would affect the school staff.

Among other things, the guidelines address the classroom, class parties, cafeterias and lunchrooms, custodial staff, school buses and transportation, field trips, food allergy law, 504 plans, Emergency Action Plans, nursing staff and administration of epinephrine.  We had to consider things like while in urban and suburban schools, kids typically eat in a lunch room, in more rural areas, kids sometimes eat in their classrooms because their school is small.  In those rural schools, banning an allergen from the classroom might not be a realistic option.  Or that some schools do not have a nurse on staff or share a nurse with other schools.  We learned that some teachers refuse to agree to administer epinephrine, because they do not want the responsibility, and cannot be forced to do so or that some teachers are worried about liability.  Just like every kid is different in the way they react to allergens, every school is different in the facilities and staff available.  The guidelines account for all of these variables, and because every situation is different, it is important that you advocate for your food allergic child's specific needs and circumstances.

If you are in the process of developing a 504 Plan with your school, it would be a good exercise to read through the guidelines, even if you do not live in Illinois, because they will cause you to consider things that you likely did not think about in your child's school day.  They also contain sample 504 Plans and Emergency Action Plans. 

NOTE:  Other States have created similar guidelines and I will try compile all of the States' guidelines in a future post.
 

Back to School and Protecting a Food Allergic Child

Well, it's that time again; back to school time.  For most parents it's a frantic time of getting back on a schedule and shopping for all of those supplies for the new school year.  But for food allergy parents, it's a time for anxiety and worry that the new school, teachers, and administration will be able to keep your kid safe.

This is my first post to the blog and I wanted to start by commenting on this article:  http://www.mlive.com/education/index.ssf/2013/08/food_allergies_a_silent_disabi.html.  There are a few things I want to point out. 

First, there is a comment about how doctors do not "go that far" to recommend a peanut free environment or that the custodial staff use separate cleaning products to wipe off the area where a food allergic kid eats.  Obviously, it is a case by case basis as to what a child needs to be safe, but the more cautious, the better.  Many doctors who do not live the food allergy life style have no idea what it takes to keep the kids safe.  They are not in our shoes watching the kids get hives, have asthma attacks and frankly sometimes dodge their allergens on a daily basis.  As it stands, however, the doctors' notes are necessary in order to require a school to make accommodations to protect a food allergic child.  Doctors do need to "go that far" more often.  They need to stand up and advocate for their patients.  Food allergy parents need to insist that the doctors listen to every story about every reaction your child has had in order to fully understand what protections your child needs. And you need to be direct and ask the doctor for exactly what you want the note to the school to say.  The doctor will not sign something that is wrong, but I believe often they do not know what to write, so you need to help them help you.

Second, a parent in Michigan actually sued her school district because it was nut free!  I know it's an inconvenience for a child to not get to eat nuts in school, but bringing a lawsuit is an even bigger inconvenience.  As a lawyer, I know how financially and emotionally taxing, and stressful any lawsuit can be, so it is a ridiculous act of selfishness on that parent's part to go through that much effort to fight a rule put in place to protect other children in the school.  Luckily, she lost.  I am going to try to find more information on that suit and write a separate post later.

Third, there really is no way to describe the sunken feeling food allergy parents feel at this time of year without experiencing it.  Schools are required to do certain things to protect your child, but as with everything in law and medicine, and especially where the two meet, it's a subjective process.  This is the time when you are your child's best advocate and you should become familiar with not only the law, but with the prior food allergy rules and precautions adopted by your school.  A starting point is to first understand that life threatening food allergies are disabilities and should be treated as such by the school.