How to Enforce a Section 504 Plan for Food Allergies
So you've gone through the trouble of developing a Section 504 Plan... what happens if there is a violation? It may not be as serious as an actual allergic emergency at school but maybe he/she is suddenly not allowed in the lunchroom although the plan specifically states that he will not be excluded from normal school activities. Or, once the school year starts you find that a nut-free table has not been designated in the cafeteria. Again, Kathy Van Voorhees suggests ascribing the best intentions and approaching the administrators from the point of view that it was an oversight, which it might very well have been. "We agreed that having a separate nut-free table is the most practical solution to ensuring my child's safety during lunch. Will one be there tomorrow?"
If a situation occurred that was not anticipated by either you or the school, use it as an opportunity to revisit the plan. Hmmm... can't think of an example for this one. If you have one, please leave a comment!
Again, expect the best but if the situation goes sour, having the 504 Plan gives you protection. Violations can be reported to your state's Parent Advocacy Center. Terri Mauro, About.com's Special Needs writer has a great article on How to Report a 504 Violation. I know this may seem like being caught between a rock and hard place because the last thing you want is to create an adversarial relationship between you and the people who you are entrusting with your child's protection for most of the day but... when push comes to shove, 504 violations are federal, falling under the jurisdiction of the U.S. Department of Education. The Office of Civil Rights has an online complaint form or you can contact the OCR office serving your state or territory.
For more FAQ's on 504's, Terri's article is a great resource!
Read our whole series on Section 504 Plans:
Section 504 Plans and Food Allergies: An Introduction
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
Concluding our Series on Section 504 Plans
If a situation occurred that was not anticipated by either you or the school, use it as an opportunity to revisit the plan. Hmmm... can't think of an example for this one. If you have one, please leave a comment!
Again, expect the best but if the situation goes sour, having the 504 Plan gives you protection. Violations can be reported to your state's Parent Advocacy Center. Terri Mauro, About.com's Special Needs writer has a great article on How to Report a 504 Violation. I know this may seem like being caught between a rock and hard place because the last thing you want is to create an adversarial relationship between you and the people who you are entrusting with your child's protection for most of the day but... when push comes to shove, 504 violations are federal, falling under the jurisdiction of the U.S. Department of Education. The Office of Civil Rights has an online complaint form or you can contact the OCR office serving your state or territory.
For more FAQ's on 504's, Terri's article is a great resource!
Read our whole series on Section 504 Plans:
Section 504 Plans and Food Allergies: An Introduction
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
Concluding our Series on Section 504 Plans
Labels: food allergies and schools, Section 504 and food allergies
posted by Ria at 10:58 AM
3 Comments:
In our 504 meeting, we didn't address the lunch line issue because my child had been going through the line up until then to buy milk with no problems. It was not brought up by anyone at the meeting but then we received a letter saying that his food would be delivered to him at his table to prevent cross-contamination. I called them and said that our 504 didn't say that he couldn't go through the line and they told me that it also didn't say that he could go through the line. We are now in the process of revising our 504 to state exactly what we want. so remember, put everything in writing in complete detail what you want!
Theresa
this is a great site for information. i have a 504 plan for my son john who is allergic to dairy, peanuts, tree nuts and legumes. i just wrote a post about birthday treats in the classroom. i would love your input. thanks!
Field trips look to be the only issue not fully addressed by my son's IEP, especially since each one is different. We just had the first one, and I went along, even though it was to a fire station full of paramedics!
The upcoming trip to the grocery store looks to be the only real concern, but we've discussed with the teacher, and she is making sure that either my husband and I chaperone on all the trips.
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