Disability and 504 Resources
These resources have information that may assist you as you work with your your child(ren)’s school to develop an 504 plan to ensure your child is accessing their rights to a free and appropriate public education. Washington FEAST posts these links to provide access to relevant information but makes no guarantee this information is suitable for your specific, individual needs.
Washington State Disability Rights Resources
- New! The Washington State Office of the Superintendent of Public Instruction is home to the Office of Equity and Civil Rights, and was established to promote “equal access, academic inclusion, and full educational participation” to undeserved and underrepresented populations.
- In 2010, in response to the Washington State House Bill 3026, OSPI Office of Equity and Civil Rights developed guidelines, titled Prohibiting Discrimination in Washington Public Schools, which constitute OSPI’s interpretation of the state law.
- Food allergies and anaphylaxis are not specifically addressed but the rights of students with conditions that are considered a disability relative to the definitions put forth in Section 504 of the Rehabilitation Act of 1973 are addressed starting on p. 18.
- There is a section on Discriminatory Harassment that merits reading, see Section IV.
- SB3026 required the state to maintain a contact list of school district compliance coordinators, Title IX coordinators and 504 coordinators
- Food Allergy Research and Education (FARE) has a Disability page as well as a page devoted to Section 504 and Written Management Plans.
- Food Allergy and Anaphylaxis Connection Team (FAACT) maintains the Civil Rights Advocacy Resource Center – information on 504 and access to free consultation with FAACT staff.
- Food Allergy Advocate Rhonda Riggott Stevens, a professional educator and private consultant, has helped many parents work through the Section 504 and IDEA processes successfully with their school districts.
- To file a civil rights complaint related to food allergy or anaphylaxis, contact:
Office for Civil Rights
U.S. Department of Education
915 Second Avenue Room 3310
Seattle, WA 98174-1099Telephone: 206-607-1600
FAX: 206-607-1601; TDD: 800-877-8339
Federal laws, regulations and interpretation of disability laws
- Department of Education: Dear Colleague Letter on Bullying and Students with Disabilities, Dear Colleague Letter: Responding to Bullying of Students with Disabilities Oct. 21, 2014
- Department of Education Dear Colleague Letter from Office of Civil Rights on Section 504 as it pertains to extracurricular athletics Dear Colleague letter on extracurricular athletics
- Office of Civil Rights case addressing after school activities for a student with diabetes – OCR Irvine (CA) Unified School District
United States Department of Agriculture Food and Nutrition Service – Accommodating Children with Special Dietary Needs in the School Nutrition Programs – Guidance for School Food Service Staff
“The U.S. Department of Agriculture’s (USDA) nondiscrimination regulation (7 CFR 15b), as well as the regulations governing the National School Lunch Program and School Breakfast Program, make it clear that substitutions to the regular meal must be made for children who are unable to eat school meals because of their disabilities, when that need is certified by a licensed physician.”
Case law on food allergies and public entities and schools – state and federal cases
- The Holiday Hill Incident – SnackSafely article and link to investigative report by Florida Office of Inclusion and Equity
- La Petite Academy Settlement Agreement – ruled that a daycare needs to make accommodations for food allergic children
- Leslie University Settlement Agreement including implications for food allergic individuals
- Commonwealth of Massachusetts Special Education Appeals, Student v. Mystic ValleyRegional Charter School,