Section 504 Section
So you're thinking that your child with life threatening food allergies needs a Section 504 Plan? You're Right!!
We've been wanting to tackle this issue for a long time. But we've found that there are already so many outstanding resources out there, why re-invent the wheel? Instead, we have complied websites galore to help you figure out, "Just what is a Section 504 and why does my child need one?"
We've been wanting to tackle this issue for a long time. But we've found that there are already so many outstanding resources out there, why re-invent the wheel? Instead, we have complied websites galore to help you figure out, "Just what is a Section 504 and why does my child need one?"
But my school has been good in dealing with my child's food allergies. Why would I need a 504 Plan?
If you're school does a good job, that is great news. This also means that it's a great time to get a 504 Plan in place. There have been situations where families have suddenly found that their oral agreement and positive relationship with their school goes right out the window when the classroom teacher goes on maternity leave, or the friendly nurse gets transferred to another building or the principal who advocates retires. Get a 504 to maintain that good situation.
Another advantage of a Section 504 it is an evolving document that can be adapted and change as your child's needs change, following your child even through to college. So in third grade things are great, but in seventh, it may be a different story. This may be critical especially during the transition from elementary school to middle school or middle school to high school.
Why would a school district NOT want my child to have a 504?
That is a good question. As a former school teacher, I have to scratch my head on this one. I have often been stunned by comments like this one from the head of a district's special ed department, "we have more important things to worry about what kind of food is at a party." or from the assistant head of food services saying, "these kids are just going to have to learn to deal with it." It is difficult to understand why a district would deny a Section 504 to a student who has a Life Threatening Food Allergy or LTFA. There are different opinions on this.
One likely answer is that schools may not understand LTFA or the law. FA is still a relatively new issue for many and some schools may just need more education on these topics. Remember, there are still medical professionals who do not understand food allergies. Unfortunately, schools are not the only institutions who are behind in their thinking. Another answer is that it takes resources- not money, but time. It takes time to create a Section 504 Plan, to have meetings, to train nurses to train staff. Schools are stretched to their limits and when they are asked to do one more thing (especially when they do not understand the gravity of the situation) they are hesitant to take on one more task. School culture is often resistant to change. Schools thrive on tradition and convention. "We do things the way we've always done them" is the thinking, or "So and So's parents didn't ask for a 504. We've been dealing with FA for some time now and we are doing fine- we have policies in place." Some schools feel that they are under pressure from non FA parents who bully and frame the issue around how inconvenient it is for them to change. "We never had to do this when I was in school." Complaints from staff and PTA may lead some administrators to not take the facts into consideration. The tone of a school is set by administration. If the principal, district leaders or school board do not take food allergy seriously and advocate for safer schools, it is unlikely to happen without parent advocates taking charge. This is where YOU step in.....
There's a lot of homework to do so let's get started!
A Primer or Just What IS A 504?
The Nuts and Bolts OR How to Build A Plan
- The Food Allergy Advocate
- Crafting Your Food Allergy Worries Into a Plan
- 1, 2, 3…504 Plan!
- Food Allergy, 504 Plans,Title II and K-12 Schools
- Discrimination: Section 504 and ADA Law
- Sample 504
The Law
- U.S. Department of Health and Human Services․Office for Civil Rights
- AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDEDOffice of Civil Rights OCR
- Dept. of Ed,.Office of Civil Rights Frequently Asked Questions About Section 504 and the Education of Children with Disabilities
- FAACT Civil Rights Advocacy- Section 504
- Dept. of Defense Education Activity
Why Your Child Needs a Section 504 Plan
General 504 Info
What if Things Don't Go Well?
Document EVERYTHING!!
- This site has resources such as sample letters and forms-
- MPACT (this site is for SpEd, but many of the same topics/ideas apply)
- Filing an OCR Complaint
- Council of Parent Attorneys and Advocates
Advice from those who've gone before...
Not enough can be said for a well worded letter. One from FA mom Jeanette B.
"Here is my standard email when I have had to pull my child out due to non-compliance on the schools part. "Today Mary B. will not be attending school due to CRE's(school) failure to comply with the agreed upon accommodations. These accommodations are required for her based on her life threatening food allergy and are protected by law. Failure to provide these accommodations has prevented Mary from accessing Free Appropriate Public Education. Please notify me at such time as the situation we discussed is remedied so that Mary can return to school".
Not enough can be said for a well worded letter. One from FA mom Jeanette B.
"Here is my standard email when I have had to pull my child out due to non-compliance on the schools part. "Today Mary B. will not be attending school due to CRE's(school) failure to comply with the agreed upon accommodations. These accommodations are required for her based on her life threatening food allergy and are protected by law. Failure to provide these accommodations has prevented Mary from accessing Free Appropriate Public Education. Please notify me at such time as the situation we discussed is remedied so that Mary can return to school".