Food Allergy Bullying As Disability Harassment Holding Schools Accountable Unknowdandra Millsap Shun by Unknowd’andra Millsap Shun instant download after payment.

''Millions of American schoolchildren of all ages suffer from
food allergies, and increasingly, bullies target these children
because of their allergies. If a bully exposes a victim to an allergen, food allergy bullying can sicken or kill within minutes.
Food allergy bullying is already responsible for many hospitalizations and at least one death. Most food allergy bullying happens at school, and schools play a crucial part in addressing and preventing bullying. All too often, though, schools fail
to take appropriate action. Sovereign immunity and other obstacles insulate public schools from liability in many instances, but federal disability law may provide a solution.
This Article forges a new path in disability law for schools to
be held liable for food allergy bullying under existing federal
disability discrimination laws. It argues that food allergy can,
in most instances, constitute a disability under these laws and
thus can provide the basis for school liability based on a theory of disability harassment. This statutory claim avoids the
sovereign immunity hurdle and holds schools accountable for
their role in facilitating or refusing to respond appropriately,
thereby motivating schools to protect children with food allergies from bullying.