Is it legal for a teacher to microwave a student’s lunch in New York public schools for food temperature regulations? How can I help my autistic son who is a picky eater and particular about food temperature get around this policy to ensure he eats during the school day? #microwavelunch #foodtemperature #NewYorkschools #autismeatinghabits
I can’t imagine there’s a *law* surrounding this. It’s more likely policy. That being said, as soon as that teacher microwaves your child’s meal, issues come into play if the food becomes too hot for safety, or isn’t’ appropriately cooked from a food safety perspective. And if there is a policy in the school preventing the teacher from doing this, then they could be taking on personal liability if they do so anyways.
My first thought would be to look at this with the applicable members of the school administration, particularly within the context of an IEP, and see if you can get any results from that approach.
You need to make this a part of his formal accommodations. A simple note from home won’t do.
Another solution is to invest in a quality thermos that will keep his food warm. Skip the kid lunch products and ask for recommendations at a camping store – actual camping products will maintain the temperature better and for longer than something from Pottery Barn Kids.
This is an issue for an IEP and with consult from his doctor- assuming this is ARFID level and not just run of the mill picky. The solution would be up to admin- as they may not have a microwave available (some states the cafeteria equipment can’t be used for outside foods due to allergy/contamination concerns) and may need to allocate resources and designate a staff during lunch every day to do that. It would all be put in writing as part of his 504/IEP.
My son is similar (along with medications that affect his appetite) so we just do big breakfasts and preferred snack foods for lunch so he never goes without. He doesn’t touch school hot lunches or sandwiches- so it’s goldfish, safe fruit, etc. But sometimes even with foods he likes he doesn’t eat lunch and honestly he’s old enough and without underlying medical conditions to make it dangerous, so it is what it is. If you want to go the legal route it’s a medical accommodation and you have a team meeting including medical documentation to formalize why he needs a hot lunch from home daily and exactly how not having that impacts him medically.
NAL, but I am a teacher. Yeah, I know it sucks, but unfortunately it’s a liability and slippery slope, when we let it happen, EVERYONE started bringing in microwave lunches. So much so it became a nightmare. Also, definitely a liability too.
I would call a meeting to modify your students IEP to list it as an accommodation, however it might fall more under a 504 protection. This one’s weird.
The student lunch hour is also the teachers lunch hour. Frequently they have to supervise the lunchroom but in any case that might be their only break. Microwaving food properly is going to take a few minutes and if they do it for one person, they’re going to have to do it for many. I think sending a self heating lunchbox is probably a much better idea.
Hi
I work at a school in California. It’s a personal liability to do this due to as some said above (temperature of the food, food being heated correctly, etc). We are told strictly to not do it by our administration.
However, I would definitely call an IEP and see if there can be a special accommodation to his circumstance. He shouldn’t have to go hungry!
From a legal standpoint they only have to do what is necessary to work toward his goals as written. They also must abide by written accommodations in his IEP or 504. Unless you have this issue in a goal or as a formal accommodation they don’t need to address it.
Could you ask your son? Explain the situation, and ask him what he would like to do? Is school going well for him otherwise, so this won’t be too big a burden to tackle?
I assume from your comment he is in general ed at the public school. A smaller SDC might have more leeway.
On Amazon, there are lunchboxes that can be plugged in and heated. Crockpot makes one. If you go this route I would request in writing that as you work through this particular sensory issue, or keep it on the back burner for now as you work through other goals/issues, that someone specific plug in his heat-up lunch container 30 minutes before the lunch hour. That could get tricky though, as an argument could be made that such a device would count as technology and be paid for by the school. And you don’t want to nickel and dime them, you need their goodwill through the years.
You may have to be creative with his side dishes that you send with lunch that don’t need heat.
But again, as for the legalities, their responsibility begins and ends with the written IEP.
You should actually go to the school and speak to the teacher and principal face to face, a note can be misplaced, forgotten and or not taken seriously.
Also from amazon you can get a self heating lunch box, I saw one on tiktok that had a built in battery so the it didn’t need power when you needed it.
There are options out there but first I would go to the school
Legal or not, you’re going to be hard-pressed to find a teacher who will microwave something for a student. You do it once for one student who truly needs this accomodation and you end up having to microwave everything for everybody. You can have this added to his IEP/504 if it is necessary.
So I am not a lawyer but I work in education and I am also a special education advocate. While your son has sensory issues these are probably not enough to justify an accommodation. The thing about accommodations is that you have to prove without them, your student will not receive the same educational benefit as similar non disabled peers. There are many non disabled peers who skip lunch for similar issues. I think you would have a hard time arguing it is the schools responsibility. He can either eat school lunch (they must accommodate allergies and dietary restrictions), or you can invest in lunch tech that keeps your students food at his preferred temperature. If I were at that IEP meeting this is what I would recommend.
Sorry, trust me I get it. We just want someone to take care of our babies. But it’s all about them getting the same educational benefit as non disabled peers.
Buy an insulated lunch box
It’s not a law, but as everybody has been saying, this is exactly the kind of thing you should bring up as a formal accommodation because I imagine they’d be able to work something out. A letter from home won’t be sufficient.
Not a lawyer or a teacher, just a mom.
If you get a good quality thermos, it really helps if you heat up the food at home very hot, and then fill the container with the hottest tap water you have to heat up the vessel first. Then empty it out and add hot food.
If you pour hot food into the room temp container, you lose a decent amount of heat.
I don’t understand the logic of that when the big vat of hot water for cup of noodle is always scolding hot.. or do they use lukewarm water now 🙄
NAL, but as a low level healthcare worker it’s drilled in that I’m not qualified to determine temperature without a thermometer and I assume that applies to teachers too. If she overheated it and a child was burned she could be held liable unfortunately.
The teacher might also need a food handlers permit to handle a students food.
Would that teacher then need a ServSafe license? Would this qualify as preparing food? Would the room the microwave be in then need to be inspected by the health department?
You need to call for a PPT and get his IEP amended to make a plan for his nutrition. Without that, no one is required to make his lunch regardless of a state law regarding food temperature.
My girl’s classroom has a microwave so the lunch could be heated up there. I would suggest learning how to heat his daily lunch be added to his IEP.
This needs to be formally documented in an IEP or 504 plan if you have any of these in place. If you don’t, I highly suggest getting one or the other in place to help accommodate your son. These are very beneficial for kids with autism as you my encounter other accomodations that may need to made at later times. Having one already in place with make things easier on you, school and most importantly, your son.
There are electric lunch boxes you can buy that you can set the temperature of the food on for the day when you pack food for him. They can be expensive; however.
I am not sure heating a childs food to a certain temperature falls under “reasonable accommodation”. Especially when the parent has options to resolve the issue on their side.