Is there any law for food allergy kids now?

1. Section 504 of the Rehabilitation Act of 1973. This is where the phrase "504 Plan" comes from. A public school that receives federal money can't discriminate against a child with a disability. Every child is entitled to a free and appropriate public education.
   • Under this law, a food allergy can be a disability (but not always is) because a severe reaction can interfere with a major life activity- such as breathing.
   • The U.S. Department of Education Office for Civil Rights enforces this law.
   • A "504 Plan" is simply a written plan that the food allergy parents and the school agree on to keep the child safe. It becomes a legal document.
     1. If a child needs services, then that should be provided in the 504 Plan.
     2. The more specific the 504 Plan the better.
     3. The 504 Plan should explain what everyone agrees upon for the child.
     4. The 504 Plan can set out the responsibilities of everyone involved from the child, to the teacher, nurse, parent, cook, bus driver etc
     5. A Doctor's order can become part of the 504 Plan.
     6. Any document the parties deem relevant can become part of the 504 Plan.
     7. A Food Allergy Action Plan can become part of the 504 Plan. It tells everyone what to do if there is a food allergy reaction. Sample Food Allergy Action Plans are on the Home page.
   • If a parent disagrees with the approach of the 504 Plan then the parent can ask the school for a due process hearing. It must be an impartial hearing.
   • If the 504 Plan is not followed, then the Office for Civil Rights (OCR) can help. The bottom line is, however; the OCR wants everyone to work as a team.
   • The Chicago Office number is 312-886-8434.

   The general website for the OCR can be found at www.ed.gov. Use the search feature for OCR information.

   For a more detailed explanation of 504 Plans read the explanation on the Office for Civil Rights website at: www.ed.gov/about/offices/list/ocr/504faq.html.

2. The other law is Title II of the Americans with Disabilities Act of 1990.
   • It prohibits discrimination on the basis of disability by public entities.
   • It prohibits discrimination on the basis of disability in the services, programs, or activities of all State and local governments. (Like Park District programs)
   • It even applies to such programs that DO NOT receive federal money
   • The Office for Civil Rights also enforces this law. For more information see: www.ed.gov/about/offices/list/ocr/504faq.html or call the Chicago Office number at 312-886-8434.

3. The other law is Title III of the Americans with Disabilities Act of 1990. This act protects children from discrimination whether or not the institution where the child is receives federal money. One place that it applies is to private schools.
   • The U.S. Department of Justice enforces the Americans with Disabilities Act.
   • The Department of Justice website is: www.ADA.gov.

   For example, La Petite Academy, Inc., a Delaware corporation, provided childcare in about 750 locations nationwide. Its policy was to not give epinephrine auto-injectors to food allergic kids if there was an emergency. Its policy was to call 911 and request that the emergency medical service team administer the epinephrine. The food allergy kids filed a complaint with the Department of Justice. They said that was discriminatory. What happened? La Petite Academy and the Department of Justice reached a settlement agreement. La Petite changed its policy and agreed to administer epinephrine. La Petite admitted no wrongdoing.

   La Petite's policy for administering emergency treatment to children with severe allergies can be found at: www.ada.gov/lapetite.htm. It's at the end of the discussion about the settlement agreement.

   Remember, if your child has other disabilities, then you may qualify under other laws which are not discussed here.

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