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.
Resources for families living with food allergies (peanut allergy, nut allergy, egg allergy, wheat allergy, milk allergy, fish allergy, shellfish allergy, and soy allergy)
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.