TENNESSEE Guidelines (jw)

[ajasfolks2]

http://allergy.hyperboards.com/action/view_topic/topic_id/6945


Opening Posts:

Posted: Oct 5th, 2008 at 11:11 pm     

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http://tennessee.gov/education/schoolhealth/healthservices/doc/HealthCareProfessionals-HealthySchoolsGuidelines.pdf

Scroll down to page 27. 

Another reference - http://state.tn.us/education/schoolhealth/doc/BallardPP.ppt
Legal Issues Regarding School Health
Christy Ballard
General Counsel
TN Department of Education

FAQs

* Can a student with multiple chemical sensitivities (MCS) or food allergies be classified as disabled under Section 504?
o Yes. Usually when a student's allergies (food, chemical, latex, fragrance, etc.) impact his ability to attend school or jeopardize his health the LEA must remove the substance from the student's environment or otherwise adjust the student's placement to eliminate or minimize his exposure at school.

FAQs
o Food allergies are most likely to trigger the adverse reactions that schools must be ready respond to.
o TN AG opined in 2005 "Food allergies, such as to peanuts, are generally not regarded as a disability as that term is defined by the ADA... Federal regulations promulgated under the IDEA evidence no inclusion of food allergies within the scope of health impairments that the IDEA is intended to cover. Tenn. Op. Atty. Gen. No. 05-178
o However, this opinion does not reference Section 504 and OCR has written many letters of finding addressing accommodations for this allergy.
...
Caveat: Locating a student with a food allergy at a separate table in the cafeteria is a violation of LRE and inmost cases is not permissible. (my emphasis)