That was the question I asked my school’s superintendent last week when it was brought to my attention that our school district decided to do away with John’s 504 Plan and incorporate his food allergy accommodations into his IEP Plan. I was also told that if a child in our district only has a 504 Plan and no IEP, then the Section 504 health plan would remain in place. I was very discouraged and frustrated by this new “Best Practices” policy for several reasons:
- I wasn’t told this was an optional directive at first. Instead I was informed by my son’s IEP case manager that this was a new district policy to incorporate both documents into one central document. My school district believes these two documents are interchangeable. In my opinion, they are not. A 504 is a Health Plan that is carried with the child through high school, college and beyond. It details all the necessary accommodations needed to comply with the Section 504 of the Rehabilitation Act. It does in fact have fewer rights and accommodations than the IEP (or IDEA, Individuals with Disabilities Education Act), but to call them interchangeable is a mistake. I believe the school district should be informing every family this affects that it is NOT a legal madate, but instead a Best Practices policy. Optional is the key word here.
- I was uncomfortable that my school nurse sent home the food allergy accommodations to me in advance of my IEP meeting last week, therefore indicating she was notified that John did in fact have an active IEP. I am not secretive about my children needing an IEP and never have been. However, I do know some families are uncomfortable with this information being shared and for that reason think that there is a privacy issue at stake here. My son’s developmental delay diagnosis doesn’t impact my school nurse, therefore this information shouldn’t be shared with her (or with anyone else for that matter) without my permission.
- When I pressed our school district for more information about this Best Practices policy, I was told from our superintendent that this practice actually better protects our food allergy kids since IEP’s are viewed as more protective than the Section 504, and therefore is a better place to hold the accommodation information. I asked if I should be concerned if my son ever loses his IEP status since the 504 is considered more “loose”. He responded no, of course, and that they hold both documents in high regard, but that is not always the case with other school systems.
Last week I had three IEP meetings for my children, concluding with John’s. I ultimately decided to hold both documents seperate because I feel they should be. I’d love to know what everyone thinks about this, what they would do if this Best Practices policy is introduced in their own school district.
Have a good week everyone!
my son’s nurse has always been present at his IEP meetings, and I’ve never questioned that until now. I believe it is because I don’t actually have a 504 for him, and she is there to discuss his food allergy issues, and precautions. So i guess, unwittingly, I have rolled both into one. They are not technically so in our district, I could have both, legally, but our school system has succeeded in incorporating his food allergy mandate into his IEP, without my really noticing until you’ve brought this up. Thank you, Kelly.
I teach. For some reason the district, superintendent, etc. view the 504 plan as a legal hassle that we must avoid at all cost. I’m not aware of any 504′s that we have in place, although there could be. Based on the district’s fear of these, I’d say you did the right thing leaving it intact. The fact that they tried to convince you that it was no longer the most appropriate avenue without really informing you of your rights up front speaks for itself. I haven’t educated myself enough to understand where the district is coming from, mainly because I’m not aware of any students that have one. I must add – very small school.
Stand up for your children do whatever you need to, to keep them happy and safe. This weekend we were refused service from our local movie thearter. We had unbutterted prepopped popcorn. They have a no outside food policy. After talking with the manager and getting no understanding we left. I have filled many forms against the theater in the last few days to make sure our son never has to see this type of thing happen again. It is our duty to our children with life threating allergies to stand up for them and educate those who do not understand the lives they live.
Tammi
Hi,
I just read your post and I am very sorry you are experiencing these problems with the school district and the service plan documents. Have you ever looked into the “Other Health Impaired” accommodation, or have you found that this would that not be helpful in your case? Sometimes writing a letter really helps–maybe you’ve already done this–while you think through how to address this. I’m disturbed by the district’s actions, too. I think both 504 and the IEP are really important, and both will be necessary as a child gets older and may need test accommodations and/or college services, both of which often rely on a child’s 504 history to decide whether to grant accommodations. I agree that separate documents are good to keep separate–it’s less complicated. I commend you for being assertive in dealing with these problems. Keep fighting for your childrens’ accommodations. They are very fortunate to have you advocating so diligently, as their knowledge that you support them will help them develop confidence to withstand the stress of school. Take care, and I look forward to reading your blog again soon.
As a special education services coordinator for my school, I completely agree with your concern. I’m not sure what your son has an IEP for, but, unless it’s for his allergy, the two should be kept separate. Students can have both and just because it’s a district best practice doesn’t mean it’s law. The IEP its to address defecits resulting from the educational disability not a medical issue. I know districts like to consolidate things to make them easier, but it’s not always what’s best for kids. 504 Plans an IEPs adequately protect the the rights they are supposed to protect. An IEP will not “better protect” your son’s accommodations related to the food allergy than a 504 Plan. You sound like a well-informed parent and advocate for your son’s needs. Good luck.
Thanks so much everyone for your comments and support. It is truly appreciated!! Stacy, you hit the nail on the head and I thank you so much for your insight. You make an important distinction, in that the IEP is meant for educational disabilities (hence my son’s developmental delays he’s had since age 3), and the 504 requires a medical diagnosis in order to be drafted. What I am concerned about is the fact that it is assumed that my son will be best protected for his food allergies ONLY if he has his accommodations rolled into his IEP. What if he no longer qualifies for an IEP after next year (a very real possibity in my case)? Will he be less protected under the 504 accommodations? I think even more so, because we are dealing with our children’s health, safety and general well being that the 504 should be as well regarded as the IEP. And, my son’s food allergy diagnosis has nothing to do with his educational goals and how his educational team distributes his plan minutes. Thanks so much again for everyone’s input!!
Kelly, I truly appreciate you bringing up the topic of 504s. It’s all news to me.
My daughter, who has peanut and egg allergies, is about to finish kindergarten in a public school with more than 1,000 kids. We’ve worked with her teacher and the school nurse quite a bit over the course of the year, and my daughter has had no major reactions whatsoever. (Thank goodness!)
But the whole process hasn’t seemed as organized or coordinated or official or solid as we would have expected. No one has ever mentioned a 504 plan–not even our allergist. I will be researching the topic. So thanks again!
Interesting. Aren’t you glad you are an educated and informed parent? We don’t have either document, but it is my understanding that the IEP addresses educational needs vs the 504 which addresses health needs. And that seems to be validated by previous statements. I would certainly stay on top of that in your district and bring your concerns to them about consolidating these for students.
Hi Kelly,
We have a 504 Plan. We do not have an IEP, so I only know about them in general terms. My gut says NO WAY should you give up your son’s 504. Schools loathe them because it holds them legally responsible to do what’s in the plan or else they risk their federal funding. You know as I do that not everyone with a food allergy is qualified for a 504. It has to be life threatening, and documented by a Doctor. Since your son qualifies, I believe you did the absolute best thing by not “rolling” it into his IEP. As much as we like to think that educators and schools really care about the health and well being of our kids, my experience is that teachers and those on the front line do, but the school district is primarily interested in protecting themselves.
Thanks for sharing this experience with others who might not know about 504′s and how they protect kids. I’ve noticed how much more seriously they take us now and I wish we’d have done it two years ago. Good job!
I have been curious about this issue as well. I will be sending my son to school soon, and even though I am a former teacher who has sat in on many IEP’s, I am still fuzzy. From my past experience, the one bit of advice I can give is -don’t back down- EVER. The squeaky wheel gets the oil. Most people want to help and will work with you but they are also trying to protect themselves and their shrinking budgets. But that said, if you have to get a lawyer, do so. Just the mention of a lawyer will usually get administration’s full attention. Although I’m sure you’re not looking for a fight nor do you want enemies, after all, most people sitting around the table want what’s best for kids. Be firm. I’ve seen many parents wilt once they feel like they’ve walked into a room of so-called experts that are “against” them. Here are a few links that have some good info.
http://www.drcnh.org/IDEA504.pdf
http://www.foodallergyadvocate.com/Section504IDEA.htm
http://www.nldline.com/iep_vs_504.htm
To All the Parents Out There: YOU are your child’s best advocate- Don’t back down, Hang in there and Good Luck!
Kelly, although I can only speak to our situation, I can say as a lawyer that there is no way I would allow my daughter’s 504 accommodations to be “rolled into” an IEP. The 504 accommodations are specifically protected by law by virtue of the fact that they are contained within a 504 plan. There are remedies for violations of a 504 plan that are not available for violation of an IEP. I personally think that schools are much more likely to carefully follow the terms of a 504 plan rather than an IEP because of these implications. I
School administrators should not ask you to compromise your rights under the guise of “best practices” (best for whom? the school? I can’t see how this is “best” for your son). I know I am often feeling like the “difficult mom” because I insist on following specific practices to protect my children, but in the end I know that if I don’t speak up for them, there isn’t anyone in that room who will! You are an excellent advocate for your kids, it takes a good, strong, loving person to do what you are doing, so know that there are lots of moms “in that room with you” who know you are doing the right thing!!
These posts are quite interesting. I am a parent of a 3 year old with allergies to milk, eggs and peanuts, and yes they are life threating. I too am a school nurse and can give you my perspective on the 504 and IEP’s. Again the IEP is for the educational piece, and is a legally binding document that holds the school legally accountable for educating a child. So if the health piece is written into the IEP depending on the actual “content” of the information, holds the school accountable for the education piece and the allergy piece IF they would combine them. I will write actual health plans as a seperate document to be added as part of the IEP, and for me the content of a health plan attached to an IEP would be written the same way I would write the 504 for a health diagnosis Again the 504 would be for children who do not have the educational piece but have the health or medical piece. The 504 legally holds the school responsible for what is written in it, so in my opinion wether it is a 504, IEP or combo of both it turely depends on the content of what is written and who is responsible for what to ensure the safety of the child. Another interesting factor is money, with an IEP the school will get special ed money based on the child’s “weighting” or level of need. The higher the level the more money the school will get. The school gets NOTHING with a 504. So for the person who said the district avoids them at all cost it is probably because the 504 is a document holding the school legally accountable to provide accomodations with out providing the funding. So you may see why a school would include the health diagnosis in the IEP with the hope of increasing the weighting thus funding.
So basically in my opinion the health piece of the IEP or 504 all depends on the actual content. I follow the same nursing process to provide for the needs and safety of the child. Now if the child is not eligible for and IEP the 504 is the only “legally” binding document that holds the school accountable for the accomadations and needs identified in the 504.
In the same breath there are the parents/school administrators who feel that the school already appropritatly meets the needs of the child in some kind of health plan (minimal or no legal accountability for the school) in place and that the 504 (with legal accountability) is not needed. THAT would depend on your school, the administration, and teachers, some schools have very supportive staff, teachers, and administration and some do not. It is the districts that do not have supportive staff that the 504 and IEP provide the parents with the sense of security that the school is legally accountable for what is written in either plan, so again it depends on the content.
Lastly the comment about the nurse being informed of the IEP, If the school is wishing to roll in the allergy information into the IEP the nurse would have been “invited” to provide the medical oversite of the medical concern. The population of the school staff are educational professionals and the nurse/nurses are the only health professionals in in the educational setting. The nurse would be involved to bridge the gap between the educational professionals and world of health care. The nurse is able to provide cross contamination, label reading, and food handling training to kitchen staff, epi-pen training to staff who need to know, and much more, I know this because I have done these things for kids with and IEP or 504 or a plain health plan. My interventions do not differ based on the type of plan written, because to me it is about the health and safety of the individual child not about money or paperwork.
I have heard some school staff (not said to parents) actually have some resentment towards parents who in their perspective have unrealistic expectations. To quote the ADA it states that entities have the make “reasonalbe accomodations” for diagnosed disabilities ( that would be the life threating allergies). So here’s the question What is reasonable accomodations? What is reasonalble for parents to expect? What is reasonable for school’s to provide? What is reasonable when funding is not available to fund accomodations?
WOW that was longer than I thought, but belive me I have been involved in this conversation before and that when the day is over it is all about the child and what the child needs.
My background is in school counseling and I have been involved in the development of IEP’s and 504′s. The school most likely would prefer his food-allergy related accomodations rolled into his IEP because it is more cost-effective. They may receive additional funding (there is seperate funding under the “special education” umbrella). For example, if your child needs additional adult supervision in the lunch room, rolling this into the IEP may help them pay that staff member. Times are tough and schools are looking for the best way to make sure they can deliver services to your child.
If your child qualifies for an IEP, then I think this is a great place to incorporate these accomodations (not just from a financial standpoint either). The IEP is a more permanent document; there is more documentation, review, ect. A 504 is usually written for students who don’t qualify for an IEP, but still need accomodations. A 504 is often used as a temporary method of accomodations (for example persons with accute injury, mental/physical status, ect.). Also, 504′s are usually written by the 504 coordinator and don’t always require the involvement of other staff members.
In my opinion, things will work more smoothly having a child’s accomodations all in one place. This way all team members (teacher, nurse, counselor, ect.) are kept up-to-date on appropriate accomodations and you’re not just working with the 504 coordinator.
p.s. Love your cookbook….nice to finally have good recipes to make my severely allergic toddler!
Kelly, I think you did the right thing. I wonder though about that 504, I figure I”m looking at Daphne’s IEP switching over to a 504 in about a year when she’s caught up educationally but will never be able to read at the speed of her peers because of her vision issues. She’s always going to need a time adjustment to everything she does in school. From your past experiences and some others I think it’s pretty common that teachers do not follow the 504 plans necessarily. I think you lose a little bit of respect when you are down graded to a 504, so maybe the IEP is better? Maybe it provides you more protection? Maybe the school wouldn’t make ‘split’ decisions about having potentially harmful food in the classroom if his allergies were in an IEP instead of a 504? OR maybe not. Something to consider.
Colette you bring up excellent points. One of the biggest issues I have faced is compliance. Making sure the accommodations are followed is sometimes a big challenge. I firmly believe that the 504 must be followed as strongly as the IEP..I’ve always thought it was a ridiculous notion that one was “looser” than the other. What’s the point then?
Thanks so much to all of you for your great feedback and comments…it is so great to learn from you all and to hear of your experiences about this. Until a cure is found for our food allergic kiddos, I’m afraid this is something we’ll have to continue to address to determine the best course of action.
I know I have said it before, but I want to put it out there for all the non-IEP parents who might be reading: I have found that it is an open question whether food allergies even life threatening ones qualify for 504 accomodation. My son has life threatening food allergies to dairy and eggs, and the 504 coordinator at his school said that was insuffient. We do have a health plan. He also has asthma, and we have a separate health plan for that. I am OK with this at least for now because I am not convinced another document would make him any safer. He hasn’t had a reaction at school, and the administation is responsive to concerns we have had. I think you have to keep that bigger picture in mind when deciding how aggressive to be about the documents. Also I think the age of the student also factors in. Having a 504 in elementary school for an allergy wouldn’t guarantee one in high school or college.
Hi there, I just wanted to mention in response to the info given about “reasonable accommodations” at school. Not to debate, but to clarify, that ADA measuring stick does not pertain to public school education, but employment. That’s been quoted to me many times, but it is simply wrong. If you want to do some googling, look for a letter written by Perry Zirkel to the OCR (Office of Civil Rights). They state this unequivocally. I printed out this letter and whip it out every time somebody brings up “reasonable accommodations” for my child.
http://www.dueprocessillinois.org/zirkel.html
That is correct that the school gets no funds for a 504, HOWEVER, if it does not follow a 504 and is reported to the OCR for violations and cannot be brought into compliance they can LOSE their federal funding as a school or be sanctioned in other ways. Now you can see why some in schools would prefer not to have them.
Also, just to point out, when schools make accommodations voluntarily and another parent complains (and they do!) they are put in a pickle because they are giving special treatment with no legal basis. A 504 mitigates this by clearly stating what the accommodations will be a why the student is legally entitled to it.
There is no question the law applies to schools, but there is some question whether it applies to food allergies especially as kids get older and are able to read and be more responsible for themselves. I am not sure it is always wise to go for the maximum amount of accomodation available either, which I think writing these 504 plans tends to lead to since you want to be thorough if you are going to all the trouble of writing one. I think the fairer to everyone aim would be to go for the minimum necessary to keep the child safe.
When I asked about 504s for food allergies they didn’t know what I was talking about. They suggested a parent with a food allergy child have a health plan. My daughter will start Kindergarten in the fall and I am really scared. As a parent, I would like to have a document that legally binds the school to keep my daughter safe. For me a health plan doesn’t do it.
hi stacey, if your child has a diagnosed life threatening food allergy, you can ask for a 504 (which requires a medical diagnosis). A health plan is simply a page with allergy guidelines, but not a legally binding document. Please let me now if you have any other questions. good luck!!
Great post (and comments) for IEP season! I’m late to the party, as usual, and apologies in advance for a lengthy comment…
My son had his allergy accommodations included in his (15 page) IEP for two years of PreK, then separated out into a health plan written by the school nurse, once he began Kindergarten at a different elementary school. I had been an extremely squeaky wheel in order to get him assigned to this school, which is one of the few in the county with a full time nurse and an excellent history of managing food allergies.
When I saw the plan I was thrilled. It requires all individuals entering his classroom to wash hands, the kids in his class to all swish and spit water after lunch, the nurse trains every staff member who works with him, etc. Now the health plan has LESS legal recourse than either an IEP or a 504 plan, but it has been followed by the school religiously and I am very happy with the situation. If I had a more adversarial relationship with the school, I would probably insist on a 504.
As far as the nurse being privy to the contents of my son’s IEP, I think that is extremely appropriate. She absolutely needs to know what my son’s neurological diagnosis is and how it effects him. For example he has a speech delay, and if he is hurt and she is evaluating him, it is critical that she know what is normal for him and what could be the result of an injury. Your case may be different.
For “best practices”, well, I don’t mind making things easier for the staff at my son’s school when they are filling out the mountains of paperwork the child produces. (Again, if I didn’t have such a good relationship with them, that would be different!) If organizing the health plans of all the allergic children the same way is similar to keeping all the epipens in the same cabinet, I’m all for it. If it’s to protect someone’s bureaucratic behind from a lawsuit, not so much. I guess phrases like that make me want more information!
Be sure to give yourself a big pat on the back for staying on top of ALL your kids’ plans! I can barely handle one, how are you managing again??? Take care, you awesome Mama!
You too funny Libby! Thanks so much for sharing your experiences with you school. I love hearing everyone’s stories and how they handle their child’s paperwork at their schools. Thanks again!!
One final comment on 504′s. I’m genuinely pleased for those who feel their child with LTFA is protected with a health plan only, however I wish that those of us in the allergic community would stop viewing asking for a 504 as adversarial, ie making waves. I’m afraid this scares off parents who’d like the peace of mind of having one. If your child is qualified, it is a responsible thing to do to protect him by writing a plan which holds the responsibly party (the school) responsible, and provides a legal justification for the accommodations he is receiving. Children with LTFA have legal rights to accommodations to protect them, just as children with IEP’s have legal rights to accommodations for their disabilities. By that reasoning, IEP’s should be adversarial too, but of course no one feels that way. Just my thoughts…..
I think parents who are accustom to dealing with IEPs come at this issue from a diiferent, perhaps less legalistic, perspective than parents who don’t have those in place. This link helped me think through our situation: http://drrobertwood.com/504-plan-for-food-allergies.shtml
Oops that should be *more* legalistic.
Hi Kim! I can see how you’d get the impression that I felt 504 plans were adversarial, (since I, um, specifically used that word) but I didn’t elaborate, since my comment was already so long. So I’ll try to explain.
My son’s food allergies, which are definitely life threatening, are not his only medical diagnosis. I try to treat the available school programs and legal options as tools in a toolbox to get my son the accommodations/therapies/assistance he needs. Right now he is in an elementary school where a full time nurse closely manages him and personally trains all the staff members who work with him. (As far as I can tell, all the other staff know him by name as well.) If he were in a less restrictive environment without a medical professional who has a great deal of expertise in managing allergies, then I might want the 504 to clearly and emphatically spell out the staff’s responsibilities in regard to my son. It’s very likely that I’ll request a 504 plan when he moves to middle school.
Ultimately, though, it’s not the legal documentation that protects my child, it’s the adults who are responsible for him. I don’t really care which tool I use as long as my son comes home safely at the end of the day.
Kelly, I thought your readers might be interested in the article (link below) that I published in the Wisconsin Lawyer about the rights of kids with food allergies. My daughter has a peanut allergy and I have had to work over the years to get a 504 plan. After significant changes to the ADA came out in 2008, I decided to write an article to clarify kids’ rights. Here it is:
http://www.wisbar.org/AM/Template.cfm?Section=Wisconsin_Lawyer&template=/CM/ContentDisplay.cfm&contentid=92733
Thanks for posting the interesting question and to all for the great discussion. Tess O’Brien
Thanks so much Tess!
I love this quote “Ultimately, though, it’s not the legal documentation that protects my child, it’s the adults who are responsible for him.”
This is SO true. We are in what feels like the fight of our lives against the city of NY who has assigned us to a school that is terrible in managing FA (not even in our zone, btw, which we were unfortunately shut out of due to poor planning/overcrowding).
The principal is patronizing and has refused basic accommodations like epipens at lunch and procedures for substitutes or special classes. She dismisses the severity of the condition, telling us she has other children with “real medical issues”.
We’re using the IEP process to try and get our daughter assigned to a different school in the district (like our ZONED school which she should be at anyway) where they are more caring. A 504 will not help as that assumes you are not switching schools. I sound like a broken record, telling everyone in the district CSE office that “it’s not the plan, but the administration”. They look at me like I have two heads and repeat their boilerplate speech that all their schools are the same at managing food allergies. Yet any FA parent would not feel safe at this school either, nor should they have to when a school with a much more understanding (and experienced) administration is just a few blocks away.
It has gotten so bad our child will not even start kindergarten, they are letting this drag on for weeks, she may not be able to go to school for a while, but we don’t feel safe letting her go for even one day until these key questions are handled. Thanks for validating our feelings. It so hard advocating for our kids!
This is the case in our school district as well: here in our town you can not have both a 504 and IEP if you child is on an IEP then any information you would put onto a 504 would just be added to your IEP and if you don’t have an IEP then you would just have a 504. I think it makes sense this way everything about your child physically and mentally is on one form in one place for all people involved to read and know!
I have a child with LTFA, We also have a 504 in place recently had a meeting and was informed the New superintendent made changes. They will NO longer give my child a peanut/Treenut free classroom. He will only be accomadated with a Snack safe room however he is intilited to a peanut treenut free lunch table. He is in middle school and has had 4 reactions at school over the last past year contact. They are being firm HELP!!