Did you know that life threatening food allergies are considered a disability under Section 504?
What is Section 504?
Section 504 is a Federal law that prohibits disability discrimination by recipients of Federal financial assistance (elementary and secondary public school).
Section 504 is NOT special education. It provides the necessary accommodations and modifications to allow for equal access for students with disabilities to a Free and Appropriate Public Education (FAPE). Section 504 levels the playing field for individuals with disabilities.
Section 504 also requires that a student with a disability receive an equal opportunity to participate in athletics and extracurricular activities, and to be free from bullying and harassment based on disability.
Who is eligible for Section 504?
A disability that meets the eligibility criteria for section 504 is defined as:
a person who: (1) has a physical or mental impairment that substantially limits a major life activity; (2) has a record of such an impairment; or (3) is regarded as having such an impairment.
Physical and Mental Impairments:
- physiological disorder or condition,
- cosmetic disfigurement, or
- anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine.
Examples of Major Life Activities (this list is not exhaustive)
- caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working
- Major bodily functions are also major life activities under the law, and these major bodily functions include functions of the bowel, bladder, and brain; normal cell growth; and the immune, endocrine (for example, thyroid, pituitary, and pancreas), respiratory, reproductive, circulatory, digestive, and neurological systems. (Again, the list is not exhaustive)
How do Food Allergies qualify an individual for protections under Section 504.
All children, regardless of disability, are entitled to a safe education environment that addresses their individuals needs. A child with food allergies presents with a unique set of medical needs which require accommodations to ensure a safe learning environment. A documented life threatening food allergy by a medical professional is considered a physical impairment that significantly limits the major life activities of eating and breathing. Thereby qualifying all individuals with life threatening food allergies for a Section 504 plan.
Sample Accommodations that may be included in a 504 plan for Life Threatening food allergies:
- a safe learning environment free of allergens
- classmates wipe hands before entering the classroom and after eating snack and lunch
- transportation with their life saving medication and a delegate trained to administer the epinephrine
- age appropriate education to peers on food allergies
- multiple delegates trained in the signs of anaphylaxis and the administration of epinephrine
- escort to and from the nurse
- no penalty for absences specifically related to the child’s disability
Section 504 and Food Allergy Resources
Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Click to access 504-resource-guide-201612.pdf
Here is a link to the NJ Dept. of Education Guidelines for the Management of Life-Threatening Food Allergies in Schools
http://www.nj.gov/education/students/safety/health/services/allergies.pdf
Center for Disease Control (CDC) Voluntary Guidelines for Managing Food Allergies I
https://www.cdc.gov/healthyschools/foodallergies/pdf/13_243135_A_Food_Allergy_Web_508.pdf
Food Allergy Research & Education (FARE)
