Related article.  Sorry if repeat.

Bama Dining Accommodates Students with Allergies
Feb 11, 2013

http://cw.ua.edu/2013/02/11/bama-dining-accomodates-students-with-allergies/

Quote from: Macabre on April 03, 2013, 07:58:04 AM
At what point does one age out of FAPE?

It's age 21-- OR the completion of a high school diploma/alternative certificate.

Important to note that 504 for K-12 is not the same thing as a 504 plan for post-secondary education.

In the first instance, the standard is about as high as it gets-- that is, "reasonable" need not apply, zero barrier, full inclusion.  You get the picture, right? 

The second becomes more like a hybrid of "places of public accommodation" and "government services."  The standard is that separate can be more or less equal, and that is fine.  Reasonable is also considered, as is fundamental nature of the program/offering. 

IDEA does not apply in a collegiate setting. 

Um, small addition to post. Best starting point is really reading Subpart D (primary and secondary schools) and Subpart E (postsecondary schools) for transitioning from FAPE/ IDEA to university programs.

Will follow up with supporting links but the gist is Subpart E of Section 504 really only administers to program accommodations. OCR recommends the college student make further use of Title II, and I assume Title III as well. It really makes what the DOJ work out with Lesley, and why, that much clearer.

And if a university claims there's no 504 available for college, oh yes there is if they are a recipient. They may have that confused with FAPE or IDEA. Even that has exceptions such as adult education for an older student who may not have finished high school that is still within mandatory ages. Arguably that may not be run through university.

Subpart E -- Postsecondary Education. Note it's a little bare but covers activities as well as programs.

I want to amend this post to underscore that Settlement Agreement with Lesley University regarding food services should really be read in full. Bullet form is easier to read.

• food allergy and anaphylaxis is specifically named
• modifications are specified as "reasonable" and must not alter fundamentally
• suggested modifications include the option to pre-order and deliver
• agreement includes education of cross-contamination including dedicated areas, kitchen supplies
• assigns responsibility to ADA/504 coordinator (important)
• names Dean of Student Life and Services the source to make an appeal to
• mentions use of contracted vendors used in meal plans
• cites Title III violations

---

Unless the free education extends past high school graduation or equivalent, there I'm assuming. Not so? Intriguing question on upper limit so I looked it up. Primary and secondary until 21 defaulting to state law limits.

And while I'm on it one thing bugs me about college choice with FA. FAPE, I think, only has to reach de minimis or barely above it to be satisfied. It's free and appropriate and equalized access, not best possible. Unlike college choices where it's not a civil right to attend freely and there is no de minimis standard, quite the opposite because ideally you're shooting for best possible.

So assuming a prospective student is experiencing access issues before even acting on an acceptance letter and has that chance to start the process with the disability office the civil rights violation has already occurred. That's not a denial of FAPE, it's probably not a violation of the high school student's existing 504 at the student's current school even if it contains college prep accommodations, yet it's an undeniable access violation.

Remember the mention of Venn diagram? It's that stinker of an overlap. What is college dining at that point? Who do you ask for the modifications from and when? Before you're a student there? Take a chance accept then deal with violations while you're dealing with classes? What does a college 504 cover with reasonable ability to enforce outside of curriculum modifications?

What does it mean for someone not even close to majority age to appropriately need college level material? Does graduation or its equivalent mean the government has met its obligation? Anyhow, want to circle back to college choice, accommodations including food services. Full disclosure that I obviously am conjecturing but at least at a public university if the food services are tied to the school or operated by the school I think that Title II is your best shot. In the case that the food service is completely outside the operation of the school or is otherwise considered a public accommodation then Title III. Both are DOJ CRD territory and let's face it they have more enforcement should they decide  to get involved... and they did.

Unless you're at a private religious institution, it qualifies as a religious entity AND it runs its own food services then it's completely exempt. If they contract out to a public accommodation to fulfill its food services then you can take it up with that public accommodation.

So, Beach Girl, I think you'll need more than a 504 to tackle food services even if you get a perfect 504. Not only that but depending how hard you want to fight for the best school academically for yourself, pursue food services even before attendance or initiate now even if your existing 504 is at your high school.

IMHO

At what point does one age out of FAPE?

The ruling was for the complainant with celiac but included life threatening food allergies. I believe nut was mentioned as an example more than once.

Regardless, most noteworthy is that it was DOJ that got involved for two distinctive reasons. DOJ cedes jurisdictional enforcement typically to USDOE when it comes to 504, which is not the same as Title II (or Title III). USDOEOCR enforcement powers are not as strong in the sense they may do more than possibly suspend what is defined as federal financial assistance.

Which may very well mean that for ADA purposes at the university level the law seems to be partitioning food services as Title II or Title III, not necessarily part of an individual's 504 possibly because FAPE is no longer in play.

At the university level you may be prevailing on disability law beyond 504 and OCR's limits to enforce once aged out of FAPE. Therefore, it would be wise to familiarize with Title II & Title III which are not FAPE dependent but mirror access. It would also affect reporting department for violations because you have to place your bets legally: DOJ's Civil Rights Division or DOE Office of Civil Rights? Since you've mentioned limitations due to eating it could help to be aware when the enforcement is outside of lesser from a 504 more from Title II or Title III because greater protections always prevail.

Thanks.  Those links are interesting, especially the link about the ruling for the gluten free student at Lesley College.  I looked at the other threads linked, but still wonder if anyone on this board actually has a 504 for college or knows anyone with a 504 for college.  If so, what accomodations do you have?  It looks like at my first choice school, we will have to do a lot of educating.  I thought by now there would be enough infomation about food allergies so that the colleges would not have trouble accomodating, but I was wrong.  At one large very well known university, their hamburger buns are on shared equipment with peanuts!  I never could have guessed it.  We got the line about how other peanut allergic students eat those buns, as though that means that I should also.  We have lots of educating to do.

Thanks for getting those links in here, TwinTurbo!  Just hadn't had the chance . . .

Allergic Living / Gina Clowes featured article on the recent college ruling this month is nice too, if you haven't seen!

Relevant threads on the topic have already been bumped by others. Adding something recent by DOJ on university meal plans for FA. Two versions for your reading pleasure.

Q&A quick sheet

Settlement Agreement (full)

Thank you.  This is very very helpful.  We started by contacting Dining Services.  It sounds like we should have instead contacted Disability Services.  I had hoped that I would not need my 504 in college, but it appears that I will.

Now that I have received my acceptances, I need to figure out where I am going.  We have started calling around and the school that would probably be my first choice really does not accomodate food allergies very well.  I would have to ask for accomations in order to safely eat there.  I already have a 504.  Has anyone actually kept their 504 for college and what accomodations were in it?  TIA.

Much the same:

http://www.disabilityrightsca.org/pubs/530901.html

http://yodisabledproud.org/organize/docs/DRC_STUDENT_RIGHTS_HANDBOOK.PDF


This is a GREAT handbook with a lot of good information in it. 

HURRAY!

Quote
"By not accommodating food allergies, you're barring students from participating in the university," says Maria Acebal, a lawyer and spokeswoman for Food Allergy Research & Education, an advocacy group. "If you can't get safe food, how can you study there?"

Er... okay-- YAY, YES, gold star for her on the first half of that sentence.... but... urghhhhhh, ohhhh, how far this falls short in terms of describing the extent of that access problem.    You can't just give FA students a pass on the dining hall portion of campus residency, and figure a microwave in a dorm room solves these problems on a campus.     Which would, of course, solve the problem that SHE has stated.

But it's SO much larger than that.