Are schools liable for guarding students from allergens?

02/24/2012 | Sun (Baltimore), The

Maryland's highest court ruled this week that schools are not responsible for preventing students from being exposed to food allergens. The decision stems from a case in which a young student with a peanut allergy was served a peanut butter sandwich. "The [National School Lunch Act] does not impose a statutory duty on the State defendants to identify students with special dietary needs, develop a flagging regimen, or otherwise guard against individual exposure to food allergens," Judge Clayton Greene Jr. wrote in the opinion.

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