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The following is a sample letter written by an allergist concerning ways of
accomodating a student in elementary school with severe food allergies.
(Click on Letter).
The American Disabilities Act (ADA), Federal law P.L. 93-112, the Rehabilitation Act of 1973, Section 504 covers, provides, and protects a severely food allergic student. The ADA, section 504 law provides that a food allergic child cannot be denied attendence and provides that a school receiving federal funds is required to make accomodations for a severely food allergic student. The law prohibits discrimination in education or employment on the basis of handicap in any program or institution receiving federal funds. A handicap is any condition affecting one or more body systems that substantially limits one or more major life activities, such as eating or breathing.
In addition, the U.S. Department of Agriculture Child Nutrition Program requires federally funded school breakfast, snack, and lunch programs to provide special meals or menu substitutions at no extra charge to students who have a doctor's written instructions regarding (1) the student's medical or other special diet restriction and (2) which food or ingredients are to be omitted from the child's menus and which food choices or ingredients may be substituted.
The ADA, section 504 covers a student attending postsecondary institutions i.e. university, community college or vocational schools. The law requires postsecondary institutions to accomodate a child with a life threatening food allergy(s). Any school receiving state funds or any college or vocational school recieving federal funds regardless of whether public or private are required to accomodate a student with a severe food allergy(s) who have documentation by a physician verifying their disability and suggesting appropriate accomodations.
(Click on Letter).
The American Disabilities Act (ADA), Federal law P.L. 93-112, the Rehabilitation Act of 1973, Section 504 covers, provides, and protects a severely food allergic student. The ADA, section 504 law provides that a food allergic child cannot be denied attendence and provides that a school receiving federal funds is required to make accomodations for a severely food allergic student. The law prohibits discrimination in education or employment on the basis of handicap in any program or institution receiving federal funds. A handicap is any condition affecting one or more body systems that substantially limits one or more major life activities, such as eating or breathing.
In addition, the U.S. Department of Agriculture Child Nutrition Program requires federally funded school breakfast, snack, and lunch programs to provide special meals or menu substitutions at no extra charge to students who have a doctor's written instructions regarding (1) the student's medical or other special diet restriction and (2) which food or ingredients are to be omitted from the child's menus and which food choices or ingredients may be substituted.
The ADA, section 504 covers a student attending postsecondary institutions i.e. university, community college or vocational schools. The law requires postsecondary institutions to accomodate a child with a life threatening food allergy(s). Any school receiving state funds or any college or vocational school recieving federal funds regardless of whether public or private are required to accomodate a student with a severe food allergy(s) who have documentation by a physician verifying their disability and suggesting appropriate accomodations.
Title II requirements affecting state funded schools were modeled on Section 504. Only private postsecondary institutions that do not receive government funds are not covered by the broader 504 or ADA Title II requirements. Under Title III of the ADA these schools have a lower standard of burden in other words, assuming their resources are less, they wouldn't have to do as much as government-funded schools. But they are still required to accommodate students with disabilities in similar ways.
Click here to visit: Pacer Center website for answers to ADA section 504
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