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Viewing Policy: BP 5141.27 – Food Allergies/Special Dietary Needs

BP 5141.27


Food Allergies/Special Dietary Needs



The San Benito County Board of Education (County Board) desires to prevent students’ exposure to foods to which they are allergic or intolerant and to provide for prompt and appropriate treatment in the event that a severe allergic reaction occurs at school.


The Superintendent or designee shall develop guidelines for the care of food-allergic students. Such guidelines shall include, but are not limited to, strategies for identifying students at risk for allergic reactions, avoidance measures, education of staff regarding typical symptoms, and actions to be taken in the event of a severe allergic reaction.


Parents/guardians shall be responsible for notifying the Superintendent or designee, in writing, regarding any food allergies or other special dietary needs of their child in accordance with administrative regulation.


When a student’s food allergy or food intolerance substantially limits one or more major life activities, his/her parents/guardians shall be informed of the San Benito County Office of Education’s (SBCOE) obligation to evaluate the student to determine if he/she requires accommodations pursuant to Section 504 of the federal Rehabilitation Act. The student shall be evaluated in accordance with law and the procedures specified in AR 6164.6 – Identification and Education Under Section 504.  If that process results in the development of a Section 504 plan, the SBCOE shall provide the accommodations and services identified in the plan.


If a student’s diet restrictions and needed services are addressed in an individualized education program (IEP), the Superintendent or designee shall ensure compliance with the IEP including any necessary food substitutions.


Students shall not be excluded from school activities nor otherwise discriminated against, harassed, intimidated, or bullied because of their food allergy.


Any complaint of alleged noncompliance with this policy shall be addressed through appropriate SBCOE complaint procedures.


Legal Reference:


234.1  Prohibition against discrimination, harassment, intimidation, and bullying

49407  Liability for treatment

49408  Emergency information

49414  Emergency epinephrine auto-injectors

49423  Administration of prescribed medication for student

CODE OF REGULATIONS, TITLE 5: 600-611  Administering medication to students; 15562  Reimbursement for meals, substitutions

UNITED STATES CODE, TITLE 20: 1232g  Family Educational Rights and Privacy Act of 1974; 1400-1482  Individuals with Disabilities Education Act

UNITED STATES CODE, TITLE 29: 701-795a  Rehabilitation Act, including:; 794  Rehabilitation Act of 1973, Section 504

UNITED STATES CODE, TITLE 42: 1751-1769h  National School Lunch Program; 1771-1791  Child nutrition, especially:; 1773  School Breakfast Program; 12101-12213  Americans with Disabilities Act

CODE OF FEDERAL REGULATIONS, TITLE 7: 210.1-210.31  National School Lunch Program: 220.1-220.21  National School Breakfast Program: 225.16  Meal programs, individual substitutions



Policy Adopted: 6-14-18