Policies and Regulations NEPN Code: JLCG-R

Program Access for Students with Disabilities or Students with Substantially Limiting Health Impairments

Food Allergies
While the Sioux Falls School District understands the significance and severity of food allergies, and strives to provide a safe environment for all students, the District is unable to guarantee that any school is free of any particular type of food.

When notified of a student’s food allergy diagnosis, the school will develop an individual plan ((IEP/EEAP 504 (health care plan) based on eligibility according to District procedures)) to address the needs of the student. The plan shall be developed by the applicable team in collaboration with the school nurse, parents, school nutritional staff and licensed healthcare providers.

When medication is required, the proper District form, including parent authorization and an order from a licensed healthcare provider, must be on file with the District.

Each school shall establish a method of ensuring that relevant information is provided to any person who may be supervising an identified student with food allergies, especially those which may be life threatening.

The District will provide training for designated staff in basic first aid, resuscitative techniques, identification of symptoms of an allergic reaction and the use of epinephrine injections.

Education for Students and Parents
Education regarding specific food allergies will be given to students and families as appropriate. The education may include proper hand washing and management of the classroom environment including restriction of items brought to school by a parent for any party or special occasion or any time the food is intended for consumption by others, other than or in addition to their own child, to only commercially prepared food.

All food prepared by the District for elementary schools shall be peanut free. For all other food allergies, a Special Diet Prescription form shall be submitted to the school.

Instruction in the Home

Instruction in the Home may be provided to students who are capable of benefiting from academic instruction but due to a medical condition related to their disability or substantially limiting health condition whether chronic or acute, are unable to attend school. If the medical condition is not related to the student’s disability or substantially limiting health condition, the student may be eligible for General Education Homebound Services under Policy IHBF.

Eligibility and Location
Eligibility and location of the services provided will be determined by either an IEP or 504 Team.

Services will not be provided in cases where the condition of the student might endanger the health or safety of teaching staff.

The services to be provided will be determined by the applicable IEP or 504 Team and outlined in the student’s Individual Education Program (IEP) or 504 Equal Education Access Plan (504 EEAP).

Services/Instruction will be provided on days of student attendance in accordance with the school calendar. If services are to be provided in the home or hospital, an adult other than the District instructor must be present during instruction.

Instruction will be provided using materials consistent with those provided at the student’s home attendance center.

A record of instruction, signed by the parent/guardian, shall be kept by the teaching staff and reports provided to building/program administrator on a monthly basis and at the conclusion of services. The building/program administrator will submit the reports for students receiving services under a Section 504 EEAP to the Heath Services Supervisor and those receiving services under an IEP to the Director of Special Services.

Absences and Attendance
Students will be retained on the attendance register of the school in which they were enrolled at the time services begin. After three cancellations or no shows, or if a parent/guardian or student fails to comply with the services, an IEP Team or 504 Team meeting will be scheduled to discuss continued placement in Instruction in the Home and/or the services to be provided.

Service Animals as Defined by the Americans with Disabilities Act (ADA Regulations)
A service animal is a dog or miniature horse that is individually trained to work or perform tasks for the benefit of a student with a disability or a student with substantially limiting health condition. Other species of animals, whether wild or domestic, trained or untrained, are not service animals. The work or tasks performed by a service animal shall be directly related to the individual’s disability or substantially limiting health condition. Service animals do not include animals whose sole function is to provide emotional support, comfort, companionship or therapeutic benefit.

Parents/guardians of students who believe the student needs to bring a service animal to school in order to receive a free and appropriate public education or to obtain equal access to education, shall notify the building principal. The building principal shall forward the request to the appropriate Section 504 or IEP team. The appropriate team shall evaluate the request to use the service animal in school, gather necessary information and determine whether the student requires the service animal during the school day or at school activities. This may include a request for parental permission to formally assess the student’s education-based needs that might include alternative methods of accommodating needs.

Before a service animal shall be allowed in a District building, or on District property or vehicles, the District shall request the following documentation from the owner or handler of the animal:

  1. Verification of the need for a service animal.
  2. Description of the function(s)/tasks the service animal is trained to perform in relation to the student’s disability or student’s substantially limiting health impairment.
  3. Proof of current vaccinations and immunizations of the service animal.

Care of Service Animals
Care and supervision of a service animal is solely the owner's responsibility. The owner will be responsible to notify the building principal of the cares that will occur during the school day and how the owner will provide those cares prior to the service animal attending school and/or school-related events or activities.

A service animal may not interfere with the educational process of any student or pose a health or safety threat to any student, school personnel or other persons. The service animal must meet health requirements and established standards of behavior. A service animal may be excluded from school if its handler is unable to control the animal, the animal is not housebroken, the animal poses a direct threat to safety or fundamentally alters the learning environment.


Legal References:

ARSD 24:05:21 - Special Education Comprehensive Plans
Individuals with Disabilities Education Improvement Act
Section 504 of the Rehabilitation Act

Related Policies/Regulations:

AC/AC-R – Equal Opportunity/Nondiscrimination
IHBF – General Education Homebound Education Services
JIAA/JIAA-R - Harassment
JFCE – Student Bullying
JK/JK-R – Student Discipline, Suspension and Expulsion
KED/KED-R – Public Concerns/Complaints about Educational Programs for Students with Disabilities or Substantially Limiting Health Impairments


Policy   Board Action
Adopted 12-10-12 36516
Revised 06-10-13 36646
Revised 09-08-14 36701
Reviewed 01-13-20 38494