[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-seo-280584-105":3,"detail-sidebar-cat-1-en-105":81,"doc-detail-280584-en":127},{"code":4,"msg":5,"data":6},0,"ok",{"site_id":7,"language":8,"slug":9,"title":10,"keywords":11,"description":12,"schema_data":13,"social_meta":74,"head_meta":76,"extra_data":78,"updated_unix":80},105,"en","section-504-protections-for-students-with-food-allergies-fact-sheet","Section 504 Protections for Students with Food Allergies - Fact Sheet","","Section 504 of the Rehabilitation Act of 1973 protects students from disability-based discrimination in schools that receive federal financial assistance. A student with a food allergy may qualify as a student with a disability when the allergy substantially limits one or more major life activities, such as breathing or gastrointestinal function. The fact sheet explains how severity can vary, how medical documentation may be established, and why broad, coverage-favoring interpretation applies. It also outlines practical impacts in school and the types of accommodations a school may 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operation.",{"name":70,"@type":61,"acceptedAnswer":71},"What can food allergies change for a student’s day at school?",{"text":72,"@type":64},"Students may miss school for medical appointments, experience isolation at mealtimes to avoid allergens, feel discomfort from reactions, and face ongoing fear of life-threatening incidents such as anaphylaxis.","https://schema.org",{"og:url":32,"og:type":75,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":77,"canonical":32},"index,follow",{"doc_id":79,"site_id":7},280584,1790215484,{"code":4,"msg":82,"data":83},"success",[84,89,94,99,104,109,113,118,123],{"id":85,"doc_module":22,"doc_module_name":25,"category_name":86,"show_sort_weight":87,"slug":88},11,"Presentations",90,"presentations",{"id":90,"doc_module":22,"doc_module_name":25,"category_name":91,"show_sort_weight":92,"slug":93},12,"Resumes",80,"resumes",{"id":95,"doc_module":22,"doc_module_name":25,"category_name":96,"show_sort_weight":97,"slug":98},14,"Invoices",70,"invoices",{"id":100,"doc_module":22,"doc_module_name":25,"category_name":101,"show_sort_weight":102,"slug":103},15,"Posters",60,"posters",{"id":105,"doc_module":22,"doc_module_name":25,"category_name":106,"show_sort_weight":107,"slug":108},16,"Social 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K-12 schools, colleges , universities , and other postsecondary institutions) that receive Federal financial assistance.  \nUnder Section 504, a student with a food allergy can bea student with a disability for purposes of Section 504 if the student’s food allergy substantially limits one or more of the student’s major life activities. 34 C. F. R.  \n§ 104.3(j)(1)(i) .  \nWhat are food allergies?  \nAccording to the Centers for Disease Control and Prevention, a food allergy is an adverse health effect arising from a specific and reproducible immune response to certain foods. Symptoms of food allergies may include: red watery eyes, swollen lips, tongue or eyes, itchiness, hives, rash, nausea, vomiting, sneezing, nasal congestion, dry staccato or deep cough, difficulty breathing, pale skin color, dizziness, loss of consciousness , irritability, or confusion. Because the severity of allergic reactions may vary over time, past mild reactions do not mean an individual may not experience a more serious reaction in the future.  \nThe Office for Civil Rights (OCR) enforces Section 504 against entities that receive Federal financial assistance from the Department of Education.  \nIn addition to the rights and obligations discussed in this fact sheet, a child with a disability attending a public K-12 school may have additional rights under Section 504 (such as the right to a free appropriate public education (34 C. F. R § 104.33)) and the Individuals with Disabilities Education Act. Parents also may have additional rights under those statutes and their implementing regulations.  \nOCR also shares in the enforcement of Title II of the Americans with Disabilities Act (ADA) with the Department of Justice (DOJ), and DOJ enforces Title III of the ADA. Both Title II and Title III can also apply to schools. For information, see DOJ’s ADA home page at [www.ada.gov](www.ada.gov) or contact DOJ at 1- 800-514-0301, 1-833-610-1264 (TTY) .  \nCan a student with a food allergy have a disability under Section 504?  \nYes. A student with a food allergy has a disability if their food allergy substantially limits one or more of their major life activities.  \nFood allergies can substantially limit the operation of the respiratory or gastrointestinal systems , which are major bodily functions , and therefore major life activities under Section 504. 29 U.S.C. § 705(20)(B) (incorporating 42 U.S.C. § 12102(2)(B)) .  \nFood allergies can also affect an individual’s eating, breathing, or concentrating, which are also major life activities under Section 504. 29 U.S.C. § 705(20)(B)(incorporating 42 U.S.C. § 12102(2)(A)) .  \nU.S. Department of Education Office for Civil Rights February 2024  \nWhether a food allergy substantially limits the operation of the respiratory or gastrointestinal systems can be established by a medical examination or medical tests (such as a skin prick or blood test) . But medical tests are often not required to determine that a student is substantially limited in a major life activity. For example, a student’s history of past allergic reactions may provide sufficient information to determine that a student has a food allergy that substantially limits a major life activity. A school may always accept that a student has a disability without any documentation or medical tests.  \nUnder Section 504, the issue of whether an impairment substantially limits a major life activity should not demand extensive analysis. 29 U.S.C. § 705(20)(B) (incorporating 42 U.S.C. § 12102(4)(B) , which incorporates § 2(b)(5) of the findings and purposes of the ADA Amendments Act of 2008) .  \nThe term substantially limits must be construed broadly in favor of expansive coverage, to the maximum extent permitted by the statutory language. 29 U.S.C. § 7","cbCaifptuTjuGK2q","https://ap.wps.com/l/cbCaifptuTjuGK2q","pdf",267841,"English","# Section 504 Protections for Students with Food Allergies\n## What are food allergies?\n## Can a student with a food allergy have a disability under Section 504?\n## How can a food allergy affect a student’s experience in school?\n## What might a school need to do to address a student’s food allergy?","[{\"question\":\"What is Section 504 and who does it protect in schools?\",\"answer\":\"Section 504 is a federal civil rights law that protects students from disability-based discrimination in schools and other postsecondary institutions that receive federal financial assistance.\"},{\"question\":\"When does a food allergy qualify a student as a disability under Section 504?\",\"answer\":\"A student is considered to have a disability when the food allergy substantially limits one or more major life activities, including major bodily functions such as respiratory or gastrointestinal operation.\"},{\"question\":\"What can food allergies change for a student’s day at school?\",\"answer\":\"Students may miss school for medical appointments, experience isolation at mealtimes to avoid allergens, feel discomfort from reactions, and face ongoing fear of life-threatening incidents such as anaphylaxis.\"}]","Section 504 Protections for Students with Food Allergies - Fact Sheet | PDF",1789551586]