Regulation 5507-1

Student Welfare

Allergies

Reviewed and affirmed by the Board:  6/28/2022
Last Revision: 
Original publish date: 09/24/2013
Related policies & regulations:  3800, 3800-1, 3800-2, 3965, 3965-1, 4600-2, 4670, 4670-1, 5340, 5410, 5503, 5503-1
Legal references:  Neb. Rev. Stat. §79-262, §79-526 Americans with Disabilities Act of 1990 (ADA) Section 504 of the Rehabilitiation Act of 1973 (Section 504) NDE Rule 59

 

The goals for allergy management include:

1. To define a formal process for identifying, managing and ensuring continuity of care for students with life-threatening allergies.
2. To maintain the health and protect the safety of children who have life-threatening allergies in ways that are developmentally appropriate, promote self-advocacy and competence in self-care and provide appropriate educational opportunities.
3. To ensure that interventions and individual health care plans for students with life-threatening allergies are based on accurate information and evidence-based practices.

Responsibilities of Staff

Staff shall develop plans to minimize risks and provide a safe educational environment for students with allergies.  Upon being informed of the student needs, the appropriate team shall convene (IEP team for students with verified disabilities, 504 team for students with a 504-qualifying disability without an IEP and individual health care team for students who do not qualify for IEP or 504 services or accommodations).  The team shall consider the unique needs of the individual student in developing the appropriate plan for each student.  Accommodation will commence after the team has met and implemented the plan.

Consideration shall be given, but not limited to, the following:

• Restricting foods and other allergens from the classroom(s) of the student with allergies or from other areas where student with allergies may be exposed, such as the food services environment (which may include restricting foods in specified eating areas, restricting foods served in the meal line and identifying foods containing common allergens), during field trips, student transportation vehicles and extracurricular activities or events.
• Encouraging washing of hands before and after handling foods.
• Developing appropriate cleaning protocols.
• Informing and educating staff about the identity and needs of students with allergies in a manner consistent with FERPA and other confidentiality or privacy laws.
• Using signage to inform building users of building-wide restrictions on common allergens.
• Being aware of location(s) of auto-injectable epinephrine for the student in the event of an emergency, understanding the signs and recognizing the symptoms of an allergic emergency and being aware of how to administer auto-injectable epinephrine and/or who to contact in the event of an emergency.

Responsibilities of Students with Allergies and their Parents

• Inform the school nurse or an administrator of the student’s allergies and provide medical verification on request, physician treatment protocols and prescribed medication as appropriate.
• Avoid anything with unknown ingredients or known to contain any food to which the student is allergic or knowingly or carelessly expose oneself to item to which the student is allergic.
• Be proactive in the care and management of the student’s allergies and reactions based on their developmental level.
• Notify an adult immediately if the student eats or is exposed to the food or other allergies to which the student is allergic.

Responsibilities of Other Students

• Not intentionally or carelessly expose those with allergies to foods or to other allergens that may create an adverse reaction.
• Follow directives given with regard to food restrictions and protocols.
• Not bully or pick on a student with a food allergy because of the student’s condition.
• Failure to meet the foregoing expectations violates guidelines of the Student Rights and Responsibilities and may subject the violating student to disciplinary consequences, up to and including expulsion.