Section 504 and Food Allergies
An Introduction
In the U.S., a food allergy may be considered a disability under Section 504 of the Rehabilitation Act. If you are new to the food allergy world, you may be wondering what this means for you. Essentially, if you have a child with a severe food allergy that is attending a school that receives federal funding, you and the school can develop a Section 504 Plan for your child. This plan would outline accommodations that need to be made to provide a safe learning environment for him/her. But not all food allergy kids may need or qualify for a Section 504 Plan.
Section 504 is a civil rights law designed to prohibit discrimination in an educational program on the basis of a disability because students with a disability are by law afforded a “free and appropriate public education.” To be protected under Section 504 and Title II, a student must: 1) have a physical or mental impairment that substantially limits one or more major life activities; 2) have a record of such an impairment, or 3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students with disabilities in the school district’s jurisdiction, regardless of the nature or severity of their disability. School districts satisfy their Title II obligations in educating students with disabilities by complying with the FAPE requirements of Section 504.
Yikes! That's a lot of really complex language up there! I met with Kathy Van Voorhees of Van Voorhees Law yesterday regarding Section 504 plans. As an attorney that specializes in the education sector, she gave me some great advice and insight. In the coming weeks, I will be providing the details of our discussion, including the benefits of a 504 Plan, what to expect when working with school administrators, advice on how to approach schools, how to plan ahead for your discussions, and how to enforce your plan.
In the meantime, The Food Allergy Initiative has a great Section 504 Outline that was developed by a food allergy parent.
Related Links
Why Develop a Section 504 Plan for Your Child with Food Allergies
How to Develop a Section 504 Plan for Your Child with Food Allergies
How to Enforce a Section 504 Plan for Food Allergies
Concluding our Series on Section 504 Plans
In the U.S., a food allergy may be considered a disability under Section 504 of the Rehabilitation Act. If you are new to the food allergy world, you may be wondering what this means for you. Essentially, if you have a child with a severe food allergy that is attending a school that receives federal funding, you and the school can develop a Section 504 Plan for your child. This plan would outline accommodations that need to be made to provide a safe learning environment for him/her. But not all food allergy kids may need or qualify for a Section 504 Plan.
Section 504 is a civil rights law designed to prohibit discrimination in an educational program on the basis of a disability because students with a disability are by law afforded a “free and appropriate public education.” To be protected under Section 504 and Title II, a student must: 1) have a physical or mental impairment that substantially limits one or more major life activities; 2) have a record of such an impairment, or 3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students with disabilities in the school district’s jurisdiction, regardless of the nature or severity of their disability. School districts satisfy their Title II obligations in educating students with disabilities by complying with the FAPE requirements of Section 504.
Yikes! That's a lot of really complex language up there! I met with Kathy Van Voorhees of Van Voorhees Law yesterday regarding Section 504 plans. As an attorney that specializes in the education sector, she gave me some great advice and insight. In the coming weeks, I will be providing the details of our discussion, including the benefits of a 504 Plan, what to expect when working with school administrators, advice on how to approach schools, how to plan ahead for your discussions, and how to enforce your plan.
In the meantime, The Food Allergy Initiative has a great Section 504 Outline that was developed by a food allergy parent.
Related Links
Why Develop a Section 504 Plan for Your Child with Food Allergies
How to Develop a Section 504 Plan for Your Child with Food Allergies
How to Enforce a Section 504 Plan for Food Allergies
Concluding our Series on Section 504 Plans
Labels: food allergies and schools, Section 504 and food allergies
posted by Ria at 11:15 AM
4 Comments:
I'm in a school district that does not receive federal funding. So that leaves me with an IHP- Individual Health Plan under IDEA. If I have an IEP -Individual Educational Plan, I would receive a meeting with all those involved with my child to discuss his needs.
Food Allergies are not listed as one of the disabilities, even though other health impaired is on the list. Food allergies children do not necessarily have learning issues to qualify for an IEP. So, how can I be fully protected? Please help me work through this mess.
Hi Ria,
I would love more information on this issue. I am having some problems at my son's school concerning the lunch room. school is trying to tell us that my son is not allowed to even walk through the lunch line due to the risk of cross-contamination, I say that this is discrimination and that he should be allowed to participate along with all the other students?
Theresa
Dear Anonymous,
You obviously have done your research because you are aware of IEP's. My understanding is that severe food allergies qualify for Section 504 because of the respiratory component and that being a factor that can limit life activities. But that IEP's are actually more "serious" in the sense that they are more involved for the school district.
It tough to advise you with this limited information. Perhaps there is a way to introduce the concept of a 504 plan as a way to benefit the school, since food allergies are a growing concern. Does you child attend a private/parochial school?
I consulted with Kathy Van Voorhees, an attorney who specializes in working with school districts on your question and this was her response:
"It's hard to tell from this what has been requested from the school district. I would first get a letter from the child's physician or immunologist that describes the allergy and possible complications of exposure. Once you have the MD describing what could happen if appropriate steps aren't taken to ensure the child's safety, I would approach the school district and explain that you want to work with them to ensure your child's safety and explain that you want to put in protocols in cooperation with the school district to help your child and those that follow with similar issues."
Theresa, it would seem to me that this is in violation of the Rehabilitation Act because it specifically addresses the issue of a a child's life activities being limited. I'll be adding more this week on 504's but feel free to send me a PM as well.
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