OCR interprets the above provisions to require that public school divisions take steps that are necessary to ensure that the school environment for students with disabilities is as safe as the environment for students without disabilities.  As the vast majority of students without disabilities do not face a significant possibility of experiencing serious and even life-threatening reactions to their environment while they attend school, Section 504 and Title II require that the Division provide students with peanut and/or tree nut allergy (PTA) – related disabilities with a medically safe environment in which they do not face such a significant possibility.  Indeed, without the assurance of a safe environment, students with PTA-related disabilities might even be precluded from attending school, i.e., may be denied access to the educational program.

To provide students with PTA-related disabilities with FAPE and meet the standards referred to above, the Division must have a plan to meet those students’ needs that is based on individualized consideration of their needs.  A plan that meets the students’ needs should take into account procedures that limit or prevent the risk of exposure to the allergens in each type of school program or activity in which students participate, including in classrooms and common areas, the gymnasium, cafeteria, and hallways, and during recess, extracurricular activities, field trips, and school-related activities.   The plans should also set out procedures to follow when the students are exposed to allergens.