It's the Law!
As more people develop food allergies and celiac disease, our community is urging our government to pass legislation to help keep us safe, and thankfully it is responding!
The Rehabilitation Act of 1973, Section 504, a
Civil Rights Law
Children with life-threatening food allergies are considered by law to be disabled, and are protected in schools by Section 504 of the Rehabilitation Act of 1973. The purpose of this civil rights law is “..to prohibit discrimination on the basis of disability in education or employment in any program or institution receiving federal funds, and to ensure that students with handicaps or disabilities receive a free and appropriate public education.” This applies to all institutions, including public schools, which receive financial assistance from the federal government.
Why is food allergy a disability or a handicap? According to Section 504, a person with a handicap is one who has a physical impairment that substantially limits one or more major life activities. In the case of children with severe food allergies, anaphylaxis is a major impairment, and eating and breathing is a major life activity.
Learn More about it.
- Section 504 Primer, from the Food Allergy Advocate
- Create a Section 504 plan for your child, from the Food Allergy Advocate
- USDA School Lunch Program
The ADA, or Americans with
This act states that, “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods and services… of any… public accommodation.”
In other words, public accommodations must take such steps to ensure that no individual with a disability is excluded, denied, segregated, or otherwise treated differently than other individuals.
Students cannot be excluded from school activities, eating in the cafeteria or eating hot lunch because of food allergies.
IRS Tax Deduction for Gluten Free Foods
Diagnosed Celiacs can deduct part or all of the cost of gluten-free foods. Learn more about it.
Pending Federal Legislation - Coming Soon!
- State Laws
- Pending State and Federal Laws
- New pending legislation regarding creating standard school plans for dealing with Food allergic kids
- Epi-pen Legislation
- Good Samaritan Laws
© 2006 Food Allergy Gourmet, All rights reserved