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Section 504
_Food allergies is supported as a disability under Section 504 of the
Rehabilitation Act of 1973. It is defined as a disability, under the
American’s with Disabilities Act Amendment Act (ADAAA) of 2008, because
it substantially limits the major life activities of eating, breathing
and digestion. The ADAAA is an amendment of the American’s with
Disabilities Act of 1990.
Section 504 prohibits discrimination on the basis of a disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education. The Individuals with Disabilities Education Act (IDEA) is a statute which funds special education programs. Each state agency is responsible for administering IDEA within the state and distributing the funds for special education programs. Section 504 and the ADA are anti-discrimination laws and do not provide any type of funding.
Public school district must provide qualified students with Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). In order to achieve this, the school must balance safety and inclusion practices for a food allergic student by developing a IHCP and the Section 504 Plan. Parents of a student with food allergies are a part of the 504 team. The team will work together to develop a Section 504 plan so that the student with food allergies has an equal opportunity to access education as their non-disabled peers, without exclusion.
Obtaining a Section 504 Plan does not determine placement, meaning your food allergic child will not be placed in a self contained, special education classroom settings. A Section 504 Plan is a federal backed document of accommodations to keep your food allergic child included in school activities in the least restrictive environment. Your child will remain in the general (“normal”) education setting.
SECTION 504 ELIGIBILITY PROCESS
The Multi-Disciplinary Referral should submitted to initiate the 504 process. This form is available at your school. To learn more about the eligibility process, please refer to the LCPS referral website page.
The student will go through a series of test during school to determine services. Once this has been completed, the school's core team will come together to discuss accommodations. The core team will consist of the 504 coordinator (most likely the assistant principle), a 504 eligibility coordinator, resource nurse, school nurse or health care aide, classroom teacher and parent(s). Parents may wish to hire a Education Rights Advocate to attend the 504 hearing and subsequent meetings. "How to Talk So Schools Will Listen" by Cherie Takemoto and Nona Flynn of Virginia's Parent Educational Advocacy Training Center (www.peatc.org) recommends stating "We often feel overwhelmed at these meetings. We would like to bring someone who can help us understand the process and make more informed decisions."
NEED HELP?
If you seek advice on how to obtain a Section 504 Plan for your child with food allergies, please contact the LAN School Action Group. Read more about the LAN School Action Group [here].
Section 504 prohibits discrimination on the basis of a disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education. The Individuals with Disabilities Education Act (IDEA) is a statute which funds special education programs. Each state agency is responsible for administering IDEA within the state and distributing the funds for special education programs. Section 504 and the ADA are anti-discrimination laws and do not provide any type of funding.
Public school district must provide qualified students with Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). In order to achieve this, the school must balance safety and inclusion practices for a food allergic student by developing a IHCP and the Section 504 Plan. Parents of a student with food allergies are a part of the 504 team. The team will work together to develop a Section 504 plan so that the student with food allergies has an equal opportunity to access education as their non-disabled peers, without exclusion.
Obtaining a Section 504 Plan does not determine placement, meaning your food allergic child will not be placed in a self contained, special education classroom settings. A Section 504 Plan is a federal backed document of accommodations to keep your food allergic child included in school activities in the least restrictive environment. Your child will remain in the general (“normal”) education setting.
SECTION 504 ELIGIBILITY PROCESS
The Multi-Disciplinary Referral should submitted to initiate the 504 process. This form is available at your school. To learn more about the eligibility process, please refer to the LCPS referral website page.
The student will go through a series of test during school to determine services. Once this has been completed, the school's core team will come together to discuss accommodations. The core team will consist of the 504 coordinator (most likely the assistant principle), a 504 eligibility coordinator, resource nurse, school nurse or health care aide, classroom teacher and parent(s). Parents may wish to hire a Education Rights Advocate to attend the 504 hearing and subsequent meetings. "How to Talk So Schools Will Listen" by Cherie Takemoto and Nona Flynn of Virginia's Parent Educational Advocacy Training Center (www.peatc.org) recommends stating "We often feel overwhelmed at these meetings. We would like to bring someone who can help us understand the process and make more informed decisions."
NEED HELP?
If you seek advice on how to obtain a Section 504 Plan for your child with food allergies, please contact the LAN School Action Group. Read more about the LAN School Action Group [here].
