Food Allergies in Schools: Do You Need a 504 Plan for a Food Allergy?

• 504 Plans can be enforced in court, or with the United States Office of Civil Rights, giving your child and family a measure of protection you wouldn't have otherwise had.
• 504 Plans can provide clear guidance for handling your child's allergies even after teachers and staff change in your child's school.
• 504 Plans can address your child's food allergy needs beyond the classroom and in a wide variety of situations more informal discussions might not cover. The evaluation process can help clarify situations - fire drills, field trips, etc. - that might have been overlooked in a less formal talk with teachers.
• Having a written plan and physician authorization may be required in some districts or jurisdictions for students to carry injectible epinephrine on their person.

• Obtaining a 504 Plan will be time-consuming. An evaluation and assessment of your child is required by statute, and you will need to meet - likely multiple times - with personnel from your child's school (and, potentially, school district) to hammer out plan details. The process may be especially grueling if your school district has never dealt with this issue before.
• If you decide to hire a lawyer to represent your child's interests in crafting a 504 Plan with your school district, or in appealing a denial of a request for a 504 Plan, you may incur substantial legal fees. (You are not required to hire an attorney when creating a 504 Plan; many parents do not.)
• Some parents are concerned about their child "sticking out" due to food allergies. Also, the sheer number of people - administrators, medical personnel, food service personnel, and district compliance officers - who may be involved in developing a 504 Plan can be disconcerting, especially if parents feel their children are close to being able to handle their dietary restrictions independently.

Does your child need a 504 Plan to handle food allergies in school? Your child's eligibility for a 504 Plan will be determined in part by the severity of her symptoms and in part by her capacity for self-care. If you believe your child will likely qualify for a 504 Plan after a medical assessment - that is, if her allergy symptoms are severe and she is not capable of reading labels on her own, or if there is any chance of anaphylaxis - then you'll need to decide whether you want to pursue putting a legally enforceable plan in place or whether you are comfortable with less formal discussions with school staff.

Before making a decision, read through some sample 504 Plans to consider the types of issues other parents and school districts have considered when formulating these plans for severely allergic students. Even if you ultimately decide not to pursue a 504 Plan, the questions and answers should be useful in discussions with school faculty. If your child's food allergies are severe enough that she is likely to be medically eligible for a 504 Plan, you will want to have some written guidelines in place, even if they are informal.

Finally, if you are undecided about getting a 504 Plan, two ideal professionals to consult are your child's allergist, who is in an ideal position to determine the potential risks of a school environment for your particular child, and an attorney specializing in disability rights in your locale, who can advise you on food allergy issues in your school district and help you assess your child's legal needs.