'Not safe for kids': Food allergy group petitions High Court to stop Kisch school-nurse pilot

A food-allergy association petitioned the High Court of Justice on Monday to stop the Education Ministry from replacing medical-support aides assigned to children with life-threatening allergies with a single nurse serving an entire school.

The pilot, approved by the Education and Health ministries, is planned for eight elementary schools. Under the program, nurses will replace aides currently assigned to pupils who require medical supervision and will also provide healthcare services to the rest of the school.

Roles not interchangeable, Yahel argues

YAHEL – Food Allergy Counseling and Guidance argues that the two roles are not interchangeable.

While a nurse is more medically qualified, the association says one nurse responsible for an entire school cannot provide the continuous supervision currently given by aides who remain close to eligible pupils throughout the day.

The Education Ministry rejects that claim, saying that the existing aides have limited medical training, while a qualified nurse can provide more professional care, oversee preventive measures and respond to the health needs of all pupils, including older children who are not currently eligible for dedicated assistance.

The dispute reached the court as the school year opened on Tuesday, after the ministry declined to suspend the program and failed to answer several of the association’s questions about its implementation. YAHEL is asking the court to freeze the pilot immediately and require the ministry to maintain the existing assistance for every participating child while the case is considered.

It is also seeking a written commitment that no eligible pupil will lose the effective medical and environmental protection currently provided, full details of the program, and an urgent meeting with officials from the Education and Health ministries.

Children with life-threatening food allergies are currently eligible for medical-support aides throughout the formal school day in kindergarten and first grade. Assistance is reduced to three hours a day in second grade and discontinued from third grade.

The aides are not medical professionals. Their role includes monitoring pupils during meals and breaks, helping schools maintain an allergen-safe environment, and responding if an allergic reaction occurs.

YAHEL argued that preventive supervision is the central issue in the case. An aide assigned to an eligible child can monitor food brought into the classroom, help prevent pupils from sharing food and accompany the child during trips and other activities outside school.

A nurse treating the wider school population, the association argues, cannot necessarily remain close enough to prevent exposure before an emergency develops.

Government says decision aims to improve conditions

The ministry maintains that the pilot was designed to improve, rather than reduce, the existing level of care.

In an August 30 response to the association, it said the nurses would work throughout the school rather than remain passively in a clinic. Their responsibilities would include training staff, promoting allergen-safe practices, providing first aid and responding to pupils with allergies, epilepsy, diabetes and other medical conditions.

The ministry said the program had been developed over several months with the Health Ministry and received professional backing from the Israel Association of Allergy and Clinical Immunology.

Children requiring invasive medical procedures, including oxygen support or gastrostomy feeding, are not expected to lose their existing assistance under the pilot.

The association’s challenge, however, extends beyond the merits of the model itself. It argues that Education Minister Yoav Kisch’s ministry moved ahead without consulting the parents whose children would be affected, obtaining their consent or providing clear information about the research intended to evaluate the program.

The ministry said in its response that it had acted transparently and held advance “talks” with YAHEL chairwoman Orly Baz. It said the program was explained in detail and that the association had been offered a role in its implementation.

Baz disputed that account in an affidavit attached to the petition. She said only one conversation took place, on the evening of August 17, after the pilot had already been formulated.

According to the association, it was informed that the program might proceed and was told it would be involved if it did. It denies that any meaningful advance consultation took place.

The two accounts have not been independently reconciled.

After receiving the ministry’s response, YAHEL’s attorney asked for the dates and details of the consultations. He also asked whether parents had consented, who would conduct the academic research accompanying the pilot and whether that research had received any required ethical approval.

The ministry responded on Monday by directing him to submit a freedom of information request. The petition was filed later that day against Kisch, the ministry’s director-general, and the ministry itself.

The research timeline has also drawn scrutiny. The ministry said an academic study would accompany the pilot and examine its effectiveness, safety and participants’ satisfaction.

However, the ministry’s public tender to select researchers for the study remains open until October 6, more than a month after the program was scheduled to begin. It remains unclear whether any researcher has been appointed through another arrangement in the meantime.

The case comes amid a steep rise in the number of children receiving medical assistance in the education system.

Knesset Research and Information Center figures show that 10,312 students were eligible for medical-support aides in the 2024-2025 school year, compared with 511 fifteen years earlier. Of those eligible, 8,339 received assistance because of food allergies.

The Education Ministry transferred approximately NIS 635 million for medical-support aides that year, including NIS 523 million for children with food allergies.

The High Court must now decide whether to suspend the pilot while the state responds or allow it to operate while the petition proceeds.