Parents of children with allergies may, very understandably, find themselves feeling very anxious about their children attending school, field trips, extracurricular activities, etc. After all, a single exposure to an allergen could result in a potentially devastating reaction. Thankfully, because the law recognizes allergies as a disability for the purposes of public schooling, kids can benefit from the protections that related disability law affords.
For example, a 504 plan can result in accommodations for children with allergies, better ensuring that they can safely participate in school activities without risking exposure to allergens. For parents of children with severe allergies, a 504 plan can offer greater peace of mind by legally requiring schools to accommodate and protect students from dangerous allergens.
The basics
Unlike an Individualized Education Program (IEP) – which helps students whose disabilities negatively impact their academic performance – a 504 plan can help any child with a disability to access educational opportunities to the extent that children without disabilities do.
Section 504 is a portion of the Rehabilitation Act of 1973, which is a federal law designed to prevent discrimination against students with disabilities. Allergies, particularly those that can cause life-threatening reactions, qualify as a disability under Section 504, given that a child’s exposure to allergens can substantially limit major life activities. A child’s individualized plan can, therefore, outline specific accommodations and precautions that their school must follow to protect them and create a safe learning environment.
Common accommodations for children with allergies
For children with severe allergies, a 504 plan might include various accommodations, including:
- Allergen-free zones: Designating specific areas, such as a classroom or lunchroom, as allergen-free zones can help reduce the risk of exposure. In the case of food allergies, for example, schools might designate peanut-free or nut-free tables or classrooms.
- Alternative food arrangements: If a child is allergic to certain foods, the school might work with their family to allow alternative snack or meal options. Schools may also train staff to avoid cross-contamination, especially in food preparation areas.
- Emergency protocols: A 504 plan should specify steps to take in case of accidental exposure to an allergen. This includes identifying the symptoms of an allergic reaction, knowing where the child’s medication (such as an epinephrine auto-injector) is stored and ensuring that trained personnel are available to administer it if necessary.
- Field trip and extracurricular protocols: 504 plans often include specific protocols for field trips, sports and/or extracurricular activities. This may involve notifying field trip venues of a child’s allergy or ensuring that medication is on hand and that staff are prepared to handle an emergency.
The 504 process begins with a parent or guardian requesting a 504 evaluation from the school, usually through the principal or school counselor. A medical diagnosis of the child’s allergy, as well as documentation from a healthcare provider, may be required to verify the need for accommodations. Those who have questions about drafting or enforcing 504 plans may benefit from personalized legal guidance, as every child with allergies navigates a unique set of circumstances.