504 for College / University

[Macabre]

http://www.npr.org/blogs/thesalt/2013/01/08/168872161/college-students-with-food-allergies-make-legal-gains

College Students With Food Allergies Make Legal Gains
A recent settlement between a university and the Justice Department may encourage institutions to better accommodate students with food allergies.

by ELIZA BARCLAY

January 08, 2013 3:17 PM

Many a college student lives off of microwavable meals – but some do it not by choice but because they're worried school food might make them sick.

They may have celiac disease, a digestive ailment caused by gluten, or life-threatening allergies to foods like peanuts — both are on the rise. But even as more people become aware of the issues, schools and institutions may lag behind.

Now some food allergy advocates are celebrating what they see as a shifting legal trend: schools and other institutions required to treat food allergies as a disability. They've found an ally in the Department of Justice.

DOJ's Civil Rights Division announced last month that the Americans With Disabilities Act applies to students at Lesley University in Cambridge, Ma., who claimed that the school's food services and meal plans were inadequate for their needs. It was the first food allergy-related settlement under ADA in higher education, says a DOJ spokeswoman.

In the agreement with DOJ, Lesley is required provide gluten- and allergen-free food options in its dining halls, offer special meal plans for students with allergies, and pay $50,000 in damages to the students who filed the claim in 2009, among other measures.

"The Lesley settlement is terrific," Marilyn Geller, chief operating officer of the Celiac Disease Foundation, tells The Salt. "It puts all universities on notice that they're going to have to make these accommodations for students with celiac, gluten sensitivity and other food allergies."

Food allergies affect about 2 per­cent of adults and 4 to 8 per­cent of kids in the U.S., and the number of young people diagnosed with a food allergy has risen in the last decade, according to the Centers for Dis­ease Control and Prevention.

By applying the ADA to food allergies, the DOJ has essentially turned food into an access issue – akin to providing ramps for students in wheelchairs.

"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?"

It's gotten easier to make the case that food allergy is a disability since Congress broadened the scope of the ADA in 2008 with an amendment. The amendment has led to widespread reforms to accommodate people, especially children, with food allergies.

But Geller says there's still a ways to go, especially for people with celiac disease and gluten sensitivity who have to worry about cross-contamination of their food.

"The problem is that a microscopic amount of gluten for people who are very sensitive can take them down for several days," says Geller. "So we want schools to take it to the next level and make sure that the gluten-free food is prepared and served in dedicated areas so there's no cross contamination."

[GoingNuts]

 

[twinturbo]

I am stoked that DOJ OCR is on an FA issue.

[Macabre]

Me, too.

I just loved seeing this in print on another website other than ours:


By applying the ADA to food allergies, the DOJ has essentially turned food into an access issue – akin to providing ramps for students in wheelchairs.


SCORE.

[CMdeux]

HURRAY!

"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.

[CMdeux]

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


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

[CMdeux]

Much the same:

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

[Beach Girl]

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.

[ajasfolks2]

http://home.allergicchild.com/food-allergy-college-504-plans/

[Beach Girl]

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.

[twinturbo]

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)

[ajasfolks2]

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!

[Beach Girl]

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.

[twinturbo]

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.

[Macabre]

At what point does one age out of FAPE?