Starting a 504 plan question

[Starbuck128]

Hello ladies. The food allergy forum over here doesn't seem like the place for this type of question, so I hope you will have some insight.

Does a new 504 plan need to be set up every school year, or does it carry over to the next year?

DS turned 3 yesterday and is transitioning out of ECI to half day PK with speech therapy, starting on Tuesday. We were only given a weeks notice he that he would be starting school, but luckily there is already a boy with a peanut allergy in the class. I'm trying to decide if meeting with his teacher and school nurse to go over his food allergy action plan is enough for this year, or should I get started on the 504 plan ASAP. He's also allergic to eggs, but I don't have the same concerns about other kids eating egg products at snack time as I do with peanut products. Obviously he will bring his own snack.

[funchicken]

I would meet with the teacher and school nurse first. My oldest (first grade) has a severe peanut allergy, and we haven't had to do a 504 plan. Her preschool teachers were extremely careful. There was always someone who was MAT certified in the classroom, and her epipens were with her at all times. They also sent a letter home to all of the parents.

Our elementary school is excellent at handling allergies, too, so I would talk to the school first. They might have strict policies in place already. If you aren't comfortable at that point, then you can pursue the 504.

[mrsbuttinski]

If he's getting speech in a preschool setting, he'll have an IEP. Neither the ADA (504 Plan) nor the IDEA (IEP) recognize medical needs like food allergies or diabetes.

In this situation, I would contact the head of your CSE/IEP Team about implementing an Individual Health Care Plan (IHCP) at the school. I would also talk with the teacher and a nurse about your child's needs. The IHCP gets attached to the 504 or the IEP and is generally mentioned in the document.

This is a great handbook on the implication sof and best practices around food allergies.

www.wrightslaw.com/info/allergy/School.Manual.2012.LoudounCnty.VA.64pages.pdf

This is law around IHCPs

www.wrightslaw.com/info/allergy/FARE.Wright.Ask.the.Expert.IHCP.QandA.pdf

To answer you question, IEPs are valid for one year. Section 504 are good for the academic year.In order to continue an 504, the following needs to be done-


a. Parents must provide current medical documentation each year for consideration of continued eligibility of 504 plans involving a medical diagnosis. If required documentation is not provided, the PST/CT may notify the parents in writing that the 504 plan is discontinued.

b. School staff are expected to document the student's full and consistent use of accommodations across all or in specified settings in order to continue providing these supports annually.

c. The documented failure of students to need or consistently use 504 accommodations will result in them being removed from a plan or having the plan discontinued.


If you ask for a peanut-free table and your kid chooses to sit elsewhere, the school can take it away. That said, most schools do a pretty good job with food allergies these days.

[funchicken]

Interesting that you should post that handbook, mrsbuttinski, that's our school system. They do an excellent job handling food allergies. The one child that we know who needed accommodations beyond what the school was already doing was a boy who had anaphylaxis to milk.

I thought that life-threatening food allergies did qualify as a disability. The mom of the boy I mentioned told me they had a 504.

[Starbuck128]

Thank you! I'll meet with the nurse and teacher and see what policies they have in place first. I only met briefly with his teacher and I learned that in addition to snack time and in the classroom, they also have food activities, use candy as rewards, and parents can bring in homemade treats for birthdays.

A life threatening food allergy is defined as a disability under 504, and I believe the main difference between a 504 plan and a IHCP for FA is that a 504 plan also requires the school not discriminate against a student because of their FA. So in DS's case, the 504 plan would require reasonable accommodations be made so he could still participate in the food activities and birthday parties, where as right now it seems like he would be excluded from them.

[funchicken]

Starbuck128, when DD1 was in preschool her teacher sent a note home to all of the parents explaining that we had a student in class with a life threatening allergy to peanuts and tree nuts, and it also explained anaphylaxis. They asked that parents not send in snacks with peanuts or tree nuts in them. They also gave us calendars so we knew when birthday parties were, and I always brought a safe treat for DD. I also kept a stash of mini Oreos at the school just in case. The children washed their hands when they got to school and again before and after snack time. The kids were expected to sit in their seats during snack time, and there was no sharing of food. Also for class parties the teacher would have me look over the list of food to make sure there were plenty of safe options for DD.

The best thing we've done is teach DD to protect herself. At three we also drilled it into DD's head that she should never eat anything unless DH or I checked that it was safe. Now that she can read, I'm teaching her to read food labels herself. I pulled her out of one preschool because I didn't feel comfortable with the way they handled allergies, but the school we ended up at was great.

Does your DS have contact allergies, too? DD does. I know how scary it is. Food allergies suck.