504 for hs going to be a fight

[rainbow]

I have seen something that explained that LTFA and Diabetes are examples of medical conditions that qualify for 504 under ADAA...and that in fact, the purpose of amending ADAA was to clarify that these conditions would be covered.  And I believe what I saw was pretty official....might've been from OCR itself.  check OCR website for explanation or if not there, maybe we can ask Wrightslaw this question.  If we do, please thank them for making a huge difference to LTFA community by posting their opinion on "When a school district denies 504 for peanut allergy":

http://www.wrightslaw.com/blog/?p=58

[rainbow]

Here you go - from FAAN (actually on their website now - took them how long?!)

http://www.foodallergy.org/page/504-plan

"The U.S. Department of Education's Office for Civil Rights lists allergy is an example of a hidden disability for the purpose of Section 504, and also further explains how a food allergy, for many children, would be considered a disability under 504.

So then if you go to OCR's website, somewhere in their documentation, there should be that example of life threatening allergies.  I believe it is listed along w/ diabetes as another example.


Excellent explanation of case law that appplies:

http://www.obkcg.com/article.asp?a=338

[Macabre]

Yes--I've seen it on OCR's site--grateful they drew that line specifically and <blushing> I was the one who let Wright's Law know about the Gloucester case (for a while it was the PDF I scanned on my scanner that they used on their website).

But a couple of weeks ago before my school meeting I went looking for the specific mention in the ADAAA--because I thought it was there, too. And I couldn't see it.

I just wanted to make sure MFAmom doesn't make the claim in a school meeting that it's there, because I don't want her school to have any opportunity to undercut her.

[Mfamom]

not sure what types of accommodations he needs....
sports
bus to and from school?
cafeteria
classroom projects/labs involving food?

some things also, emergency planning.  the school is ginormous.  definitely wouldn't want him walking to the nurse alone (or probably at all if reaction suspected)

[yelloww]

You would want the nurse to come to him in that case.

What about things like prom? Other PTA or school based events?

[Janelle205]

You may want a plan for safe food/snacks in case of an extended lock down.

[rainbow]

Can someone help me understand something about 504 in HS / applying to college?

When applying to (public) colleges, do you have to declare the 504 for Food Allergies?  Do colleges then group 504 Plans into "special ed" applications? 
When applying to private colleges, do they ignore applications of applicants with 504s?

My impression is that while Elem schools are on board with LTFA, and perhaps middle schools, High schools think the kids are "old enough" and "on their own" and "can manage their allergies".  I don't think they fully get the EMERGENCY nature of accidental ingestion and that it  can be common, and that teenagers are at risk with peer pressure etc. (though perhaps more of this occurs outside of school).  I'm just wondering, if they really think the kid is "on his/her own" anyway, if the 504 ACTUALLY adds value at the HS age, and realistically, it comes with some risks with respect to college applications.

Now, I get the impression that UNIVERSITIES are more in tune with 504 due to cafeterias and wide range of allergy needs.  They seem to "get it" and I've seen articles regarding how some universities handle LTFA (on their websites and in press) and how they recognize this need and provide meal accomodations etc.  But that is once the child is THERE...I'm just wondering more about whether LTFA highlighted with a 504 (implying more serious than the laid-back denial or "mild" allergy types) impacts the application process.

Sorry to hijack. Just thought it was somewhat relevant to this thread. 
To answer the question, I"d focus on major accomodations only (ie, location of Epipens, emergency protocols, sports coverage w/ trained staff member).

[CMdeux]

Well, my perspective is that (from a college faculty perspective, mind) as a faculty member, you CANNOT offer accommodations to a student unless:

a) the accommodation is an 'at will' thing that ALL students have the opportunity to use/do, and/or

b) the student has a disability and you've been notified of it officially by the university.

So what does that mean?

It means that if I have a student who needs to leave during an exam in order to deal with a contact reaction... if b) above is not true, that student has just forfeited any reasonable right to make up the exam since I wouldn't be able to extend that to just ANY student who walked out of an exam.  KWIM?

It also means that a student cannot request "alternative materials" without having a compelling disability-related reason.  (And yes, even in college, there ARE times when FA's are a concern-- nuts are a common lab material in particular upper division chem/physics coursework, believe it or not).

Some faculty are naturally more "inclusive" or "flexible" than others, of course-- and in the flexible cases, that may mean that you can make your own accommodations as needed... but it also can mean that you're constantly dodging food that your classmates bring in, too.


Also-- if you want to be SURE of keeping your meds accessible to you during AP, ACT, or SAT settings, be aware that an active and strong 504 plan is essential.  They won't talk to you without one, basically.

[CMdeux]

Colleges and Universities are prevented by Federal law from using disability as a consideration during admissions-- with some very narrow exceptions (Gallaudet, etc).

Most have clear statements of non-discrimination somewhere on their admissions pages.

[YouKnowWho]

Could housing issues be covered under a 504 as well?  I know many schools here require freshmen to live on campus in suites sans cooking facilities.  Obviously with certain allergies, only having access to the cafeteria is okay but unless you have a Disney chef guaranteeing balanced uncontaminated meals this could be potentially an issue.  (Thinking ahead to college with a gluten/egg allergic child is harder for me than just my peanut allergic child - thankfully neither of them want to leave home yet  ).

[CMdeux]

Exactly, YKW.

The college can't make an exception "just because" or they'd need to do it for anyone that asked... and really, at that point, why have the policy to start with, YK??

[Mfamom]

Had meltdown.   Right in the lobby.   
I've been asking for this meeting since August.  Finally received an email early sept. giving me two options for an appt 3rd or 4th tue in Sept. 
I called the woman immediately, had a heated exchange and suddenly those appts not open.  She gave me an appt for last tues, called the day before and canceled it. 
We re scheduled for today.  I got there and the secretary came out and told me first that they had called to cancel it.  I denied ever getting a call, an email or anything, she admitted that they'd "OOPS" double booked the appt
somehow in her explanation she mentioned that "eligibility meetings" blah blah. 
I said this is NOT an eligibility meeting.  she tells me yes, it is.  I say show me a copy of the letter you sent to make me aware of the meeting....
He already has eligibility. 
she says, dear, its new here.  your eligibiity was for XX district.  This school is a different district. 
I ask again for the copy of the letter she would have sent.  Then, she says something else that is untrue and I unloaded on her telling her I am not trying to shoot the messenger, but that she can pass the message to mrs. XX that I am not happy about this and I'm more unhappy that this school is lacking in organization and understanding of the laws as they apply to my child and his plan.
she finally admits that the 504 stuff was thrown in this lady's lap 2 school years ago and they are still trying to "understand" the process and organize better with the appts. 

I told her I want an appt. sooner than later, not next tuesday, not the 4th Tuesday of November, NOW as in tomorrow and no later than Friday.  I told her that she should tell mrs. XX to be ready for me. 
OMG  still shaking and angry.

[rainbow]

Could housing issues be covered under a 504 as well?  I know many schools here require freshmen to live on campus in suites sans cooking facilities.  Obviously with certain allergies, only having access to the cafeteria is okay but unless you have a Disney chef guaranteeing balanced uncontaminated meals this could be potentially an issue.  (Thinking ahead to college with a gluten/egg allergic child is harder for me than just my peanut allergic child - thankfully neither of them want to leave home yet  ).

Yes, I've heard it does cover housing issues...ie, if the student needs to prepare own food, they can be exempted from dorm requirement.

[rainbow]

Oh wow, Mfamom.  They can't decline eligibility without a change in child's medical status, can they?

I think you'll win this later in the week, because you are more organized than they are
But bring the relevant documents:  ADAA, OCR Letter to Gloucester, etc.

[rainbow]

Well, my perspective is that (from a college faculty perspective, mind) as a faculty member, you CANNOT offer accommodations to a student unless:

a) the accommodation is an 'at will' thing that ALL students have the opportunity to use/do, and/or

b) the student has a disability and you've been notified of it officially by the university.

So what does that mean?

It means that if I have a student who needs to leave during an exam in order to deal with a contact reaction... if b) above is not true, that student has just forfeited any reasonable right to make up the exam since I wouldn't be able to extend that to just ANY student who walked out of an exam.  KWIM?

It also means that a student cannot request "alternative materials" without having a compelling disability-related reason.  (And yes, even in college, there ARE times when FA's are a concern-- nuts are a common lab material in particular upper division chem/physics coursework, believe it or not).

Some faculty are naturally more "inclusive" or "flexible" than others, of course-- and in the flexible cases, that may mean that you can make your own accommodations as needed... but it also can mean that you're constantly dodging food that your classmates bring in, too.


Also-- if you want to be SURE of keeping your meds accessible to you during AP, ACT, or SAT settings, be aware that an active and strong 504 plan is essential.  They won't talk to you without one, basically.

Interesting and all true...but wondering how savvy colleges really are with this. I've heard of it more related to housing and food services.
Also wondering if *private* colleges comply...and if there is quiet discrimination (ie, taking students with allergies but not the ones w/ 504 Plans because those must be "more serious" or living in bubbles or have helicopter parents...)