Helping Families Manage Food Allergy in Schools

Tips and Tools for the Allergist and Nonallergist

Matthew J. Greenhawt, MD, MBA

Disclosures

July 25, 2011

In This Article

A Summary of Legal Protections for Children With Food Allergy

The following discussion is a quick-and-dirty primer of the legal protections for children with food allergy. The take-home message is 2-fold:

  • A section 504 plan is part of the Rehabilitation Act and not the ADA. However, to obtain a 504 plan a child must be considered disabled under standards defined in the ADA.

  • Although food allergy has been considered a disability under the ADA in many cases, having a food allergy does not automatically imbue disability status. It should be kept in mind that food-allergic children are not necessarily entitled to qualify as disabled. Children who can obtain a section 504 plan are entitled to legal protection to enforce the plan. Accurate and precise documentation of the extent of the allergy is crucial to helping with this process.

Comments

3090D553-9492-4563-8681-AD288FA52ACE
Comments on Medscape are moderated and should be professional in tone and on topic. You must declare any conflicts of interest related to your comments and responses. Please see our Commenting Guide for further information. We reserve the right to remove posts at our sole discretion.

processing....