One of my allergy mom friends recommended the article
 | | Mira Fern |
Taking Food Allergies to School by Mira B. Fern, Esq. As soon as I read it, I knew she was someone I wanted to hear more from. I'm happy that she quickly agreed to answer my questions here and I hope you enjoy her insights as well.
Gina Clowes: What are some important things that parents of allergic children need to know before sending their child off to school?
Mira Fern: Parents need to think about what type of school environment would be safe and inclusive for their child, discuss this environment with their allergist, and know that there are laws to support them in securing this type of environment for their child. Parents should be aware that, very often, food allergies are considered a disability under the law, and schools are required to provide accommodations to students with disabilities.
Gina: What are some things that parents can do to prepare to become an advocate for their child?
Mira: Parents should first have a clear vision of a safe and inclusive school environment for their child. They should then communicate with their allergist to make sure that the allergist will support this vision in writing. Parents should know how their child's food allergy substantially limits the child's respiratory, circulation, digestive and skin systems. With all of this information, they should then contact the school and be prepared to present it with confidence. Gina: Why is it important for parents to understand Section 504 or the American Disabilities Act (and the amendment)?
Mira: Section 504 of the Rehabilitation Act of 1973 (commonly known as "section 504") requires that school districts provide a "free and appropriate public education" to students with disabilities.
Food allergies are often considered a disability because, in some people, they substantially impair a person's ability to breathe or remain conscious. It's important for parents to understand this because their child is entitled to an education that is appropriate for their child, and the typical school environment may not be appropriate for that child. A parent's understanding of Section 504 will give that parent the confidence to secure an appropriate school environment for their child. Gina: How would you advise parents who think that potentially life threatening food allergies are not a disability or those who are afraid or repelled by that loaded term: disability?
Mira: The term 'disability' under Section 504 is defined broadly as a physical impairment that substantially limits one or more major life activities. A "physical impairment" can be a condition affecting the respiratory, cardiovascular, digestive or skin systems. While food allergic children are able bodied and can do everything other children can do, the reality for parents of food allergic children is that their child does have a physical impairment. Gina: What would you say to parents who say "My school seems to do everything right. Do I still need a 504 plan?
Mira: If your school is providing a school environment that will keep your child safe and included, you do not necessarily need a 504 Plan. If, at some point during the school year, the school is no longer 'doing everything right,' you can request accommodations under Section 504 at that time. Gina: What are some common accommodations that you have seen for food allergic children?
Mira: Some examples of accommodations that school districts have made pursuant to section 504 are:
-designating the classroom a peanut/tree nut free zone,*
-training the child's teacher on the use of Epi-Pens,
-storing the child's Epi-Pens in the classroom,
-having a trained aide carry the child's Epi-Pens to the cafeteria and outside at recess,
-requiring the school to consult with the parents on any activity involving food and
-to use only food approved by the parents in any class activity.
*[Other allergens may be restricted from the classroom.] Gina: If a school offers a health care plan or an emergency care plan, is this the same as a 504 plan?
Mira: No, they are not the same. A health care/emergency plan is designed to keep your child safe. A 504 plan is designed to keep your child included. Gina: What protections does a 504 plan provide that other plans do not?
Mira: A health care/emergency plan outlines the procedures for avoiding exposure to allergens and the procedures for handling a reaction. A 504 plan provides accommodations to your child to ensure his/her inclusion in the classroom, in food-related activities, parties, field trips, and moving around the school building/grounds. Gina: What advice do you give to parents who are afraid to ask for a 504 plan evaluation because they are afraid to come off as adversarial?
Mira: Be brave. Be prepared with your specific accommodations and your support from your allergist. You can also bring an objective third party (knowledgeable friend or professional advocate) to any meetings you have with the school. Gina: If a school denies a 504 plan to a child with severe food allergies, what recourse does the parent have?
Mira: The district may grant you a 504 plan that you are not satisfied with or it may deny you a 504 plan altogether. In these cases, you can request an impartial hearing through the school district. You can also contact the U.S. Department of Education's Office for Civil Rights and ask for assistance. Alternately, you can hire a private attorney and commence legal action against the school district. Each state has different procedures for resolving disputes related to Section 504, so you should consult with a local attorney if you are considering legal action. Gina: How do you see the future unfolding in regards to schools accommodating children with food allergies?
Mira: In the nine years that I have been involved in this area, I have seen schools become much more flexible and accommodating to food allergic students. Every time one family achieves in accommodating their child at school, it paves the way for the next family. It has been the local and national advocacy groups, and individual families, who have helped the school districts to see that accommodating food allergic students in a safe and inclusive way is really not all that difficult. I expect this trend to continue if we all keep speaking up.
Gina: Thank you Mira for shedding light on this important topic!
Readers: Want to read more about how the law can protect your child in the least restrictive environment? Read Mira's article Taking Food Allergies to School
Mira Fern has a solo legal practice in central New Jersey, representing parents in the area of special education, with a particular focus on food allergy issues. She is the mother of an 11 year old son with a life-threatening peanut allergy, and a 13 year old daughter who loves peanut butter.
For more information, please visit Mira's website at www.mirafern.com .
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