Section 504 and Food Allergies

Children with food allergies in public schools may be protected by Section 504 of the Rehabilitation Act. The spirit of this law, as I understand it, is that reasonable accommodations for specific conditions have to be made by institutions that receive federal funds. Determinations regarding a specific student’s food allergy and whether it is within the meaning of these laws are made on a case-by-case basis. Families can contact the Office of Civil Rights in their state for more information on enforcement of Section 504.

Examples of reasonable accommodations that some schools have implemented are providing food allergy management training to school personnel, designating allergen-free zones or tables, eliminating allergens from the cafeteria and/or vending machines.

Additional Resources
Education and Advocacy Solutions provides a Section 504 Primer for Parents and Educators of Children with Food Allergy and Asthma

U.S. Department of Education, Directory of OCR contacts

The Food Allergy Initiative offers a sample Section 504 Plan created by a parent of a food-allergic child.