§ 1983, and Section 504 of the Rehabilitation Act of 1973: Statutory Interaction Following the Handicapped Childrens Protection Act of 1986 Thomas F. 20201(202) 619-0403 What Is Section 504 Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals fromThe Education for All Handicapped Children Act, 42 U.S.C. Department of Health and Human Services Office for Civil RightsWashington, D.C. Department of Education using the procedures in this fact sheet.Section 504 Plans: Partnering With Your Child’s School for Asthma AccommodationsU.S. If these students have disputes about classroom or campus accommodations they can also submit a 504 complaint with OCR, U.S. College students with disabilities are also protected by Section 504 of the Rehabilitation Act of 1973 if their school receives federal funding.
Act S 504 How To Handle Asthma
It is a tool that can help you work with your child’s school so you can all be on the same page when it comes to keeping your child healthy. You have to make sure they take their medicines like they are supposed to, watch for signs and symptoms, and help them avoid their triggers.But what happens when they are at school? How can you feel confident the school staff will manage your child’s asthma properly and know how to handle asthma episodes or attacks?A 504 plan may be an option. Act of 2021 appropriated additional funds for Section 502 direct and 504 loans.If you are a parent of a child with asthma, you know how much work managing it can be.
It addresses how the school will accommodate your child’s asthma.Its name comes from Section 504 of the Rehabilitation Act of 1973. Can My Child Have a 504 Plan In College?Simply put, a 504 plan is a contract between you and your child’s school. What Happens If My Child Moves to a New School? What If the School Does Not Follow the 504 Plan or Refuses to Accommodate My Child? Does My Child With Asthma Need a 504 Plan?
4 When trying to decide, ask yourself these questions: 3 Colleges do not have to follow 504 plans but have obligations under section 504.Does My Child With Asthma Need a 504 Plan?Not every child with asthma needs a 504 plan. This includes public schools, including preschools, as well as private schools that receive some form of federal funds. If a school receives federal funds, they have to follow Section 504. 2 Under Section 504 and the ADA, asthma is often considered a disability, depending on severity.Does My Child’s School Have to Follow a 504 Plan?It depends. 1A disability under Section 504 is defined by the Americans with Disabilities Amendments Act (ADA) as a “physical or mental impairment which substantially limits one or more major life activities.” A “major life activity” includes walking, seeing, hearing, speaking, breathing, learning, working as well as eating.
Will my child need accommodations when participating in physical education classes or sports? How likely will my child miss a lot of school days due to their asthma? Will my child have easy and quick access to their asthma medicines? Do they train their staff about asthma management? Does the school have a full-time nurse on site?
Ask to have your child evaluated for a 504 plan. 4 Your child must meet the official definition of having a disability.You can help your school with this process by having documents from your child’s doctor showing that your child’s asthma seriously limits “major life activity.” Breathing is a “major life activity.” 2Start by contacting the school’s principal and the school district’s 504 coordinator. Before a 504 plan can be put into place, the school needs to evaluate your child. An individual health care plan (IHCP) may be all that is needed for your child.But if your child has additional needs that you are concerned about, you may want to consider a 504 plan.Keep in mind that having asthma does not automatically mean your child qualifies for a 504 plan. After all, asthma is one of the most common chronic diseases in U.S.
Your school district may also have forms or formats. Look up some sample 504 plans to give you an idea of what yours might include. Communicate often, calmly, and confidently.Work with the school to create the plan. The hope is for you and the school staff to work as a team to make sure your child is safe. Some parents even start the process in the spring semester for the following school year.Stay positive when working with the school. This process can take some time, so you’ll want to start well before school starts.
Your child’s Asthma Action Plan (created with your asthma health care provider) And your state health department may already have some guidelines you can refer to.Here are some things your child’s 504 plan might include: The Centers for Disease Control and Prevention (CDC) has school resources as well. Consider their asthma triggers and what they are likely to be exposed to at school.The Asthma and Allergy Foundation of America (AAFA) has school planning resources that can help guide you. There is no official federal 504 plan document.Think about what accommodations your child needs.
How your child’s asthma will be managed indoors and outdoors at schoolYour child’s 504 plan should also address: Steps needed to ensure healthy indoor air quality in your child’s classroom What types and methods of cleaning are appropriate to prevent triggering asthma symptoms
The law does not require it. If your child has as asthma episode or attack while at school, what is the emergency treatment plan?It’s best to get the 504 plan in writing. What policies need to be in place to help your child avoid their triggers and take their medicine as needed? Will they be given time to use their quick-relief medicine before physical activity? How will the school handle missed school teaching and work? Will your child be allowed to make up time missed due to asthma? What special services, if any, will the school provide to keep your child’s environment safe? Will they give your child medicine? Will they give them space and time to use their medicines (e.g., inhalers with spacers or a nebulizer)? Can changes be made to the classroom environment?
If the school creates a 504 plan that does not include any of your requests, you do not have to agree to it. The school creates an acceptable 504 plan but then doesn’t follow itIf the school says that they “do not do 504 plans for asthma,” remind them of the Section 504 law.Schools must create due process that includes parental notification and review requirements. The school creates an unacceptable 504 plan leading to recurrent asthma episodes and/or missed school days The school refuses to create a 504 plan after your child is evaluated and found eligible Some parents, though, may run into issues, such as:
Tell them why your requested changes are important.If the school still refuses to cooperate, you can file a complaint with the Department of Education’s Office for Civil Rights (OCR).You may also be able to file a complaint with your state Board of Education. Let them know what parts you disagree with. Explain why the plan that the school wrote will not work. Remind them you have the right to be involved in creating your child’s 504 plan.Your requests need to be reasonable and should focus on the accommodations that are needed to keep your child healthy.Stay calm and polite at the meeting. Tell them you do not agree and would like another evaluation meeting.
If this happens, they must follow your existing plan until a new plan is in place. 3Sometimes, a school may say the existing 504 plan will not work for their school. If they are OK with the plan, they must put it in place as is. Let them know your child has a 504 plan and send them a copy.
A Guide to Disability Rights Laws - Rehabilitation Act. Department of Justice Civil Rights Division. 7Reviewed July 2021 by Naomi Seiler, JD, George Washington University If you are asking for an accommodation that would be a “fundamental alteration” of their program, or causes them an “undue burden” (usually a financial burden), they can say no. Colleges are held to a different standard. But colleges aren't required to follow a 504 plan the way elementary and secondary schools are.
Department of Justice Civil Rights Division.
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