A case involving a kindergarten student with a tree nut allergy has the potential to set a precedent for food-allergy-related accommodations in a federal appellate court. FARE, joined by the Council of Parent Attorneys and Advocates, filed an amicus (friend of the court) brief Friday in the civil rights case, T.F. vs. Fox Chapel Area School District, in the Third U.S. Circuit Court of Appeals, one step below the U.S. Supreme Court.
A federal judge previously ruled that the school district did not discriminate against the child in violation of Section 504 of the Rehabilitation Act, and that the school offered reasonable accommodations, and had not retaliated against the student’s parents when it filed a truancy petition after the parents withdrew their child from school. Among the accommodations that the school offered was special lunch seating at a nut-free table that was actually a single desk in the cafeteria.
The amicus brief outlines the critical importance of school-wide food allergy management policies, as well as detailed individualized student accommodation plans that not only note policies, but specifically explain how they will be carried out and by whom. We will keep you posted on the outcome of this case.