504 Evaluations & Sample 504 Plan for Celiac Disease

Excerpt from Section 504

What is a physical or mental impairment that substantially limits a major life activity?

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulatory provision at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.

Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a non-exhaustive list of examples of “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid – the Section 504 regulatory provision’s list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity.

This 504 Plan is currently in place for a child with celiac disease. The child’s parents and the school’s 504 team (every school must have a team) prepared this plan. Obviously, the names I made up, but the plan is exactly the same as the one in use. Hope it helps you, and let us know if you have any questions!

Attachment to Mary Smith’s 504 Plan – August 12, 2010

1. The school will provide Mrs. Smith, Mary’s Mother, with a copy of the latest Revised Ingredient document of Food and Nutrition Services of X County Schools, for
the food served in the school’s snack, lunch and breakfast.
2. Food and Nutrition Services will provide Mrs. Smith with a gluten free menu every month in advance.
3. Food Services at X Elementary School will offer Mary Smith gluten- free cereals and bread items.
4. A code will be shown at the cash register when John Jr. Doe pays for his food, indicating
that he has a restricted diet. A highlighted menu provided by Food and Nutrition
Services will be available to the manager for reference.
5. Teachers will give 24 hours notice to Mrs. Doe of any special events at which food will be
provided that is not from the cafeteria. Mrs. Doe will be given the option to provide John
Jr. with food for the event.
6. Mrs. Doe will be notified immediately of any instance that Mary has ingested a gluten product.
7. Teachers and resource personnel will be appriced annually of the impact of gluten on
John Doe Jr.’s health and will require John. Jr. to wash his hands after handling known
gluten containing products.
8. Teachers will not give John Jr. any foods not approved in advance, and in writing after
consultation with Mrs. Doe.
Additionally, Mrs. Doe’s physician will review the gluten-free lunch cycle menu options provided
by Winn-Dixie County Schools and Food and Nutrition Services, with the understanding that it
meets the meal pattern as prescribed by the USDA, and that it is consistent with medical
prescription and reasonable accommodation.

Many states have information on their website about accommodating students with special dietary needs, others may refer exclusively to the USDA document “Accommodating Children with Special Dietary Needs in School Nutrition Programs“.

Have you submitted a 504 plan for your child? How was it? Share your experience with us on our post about Back to School with Celiac Disease.