Know Your Rights

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990 are civil rights laws that prohibit discrimination based solely on one's disability but they are administered by different federal agencies. Section 504 is enforced by the Department of Education's Office for Civil Rights (OCR) because it applies to educational institutions, while the ADA is enforced by the Department of Justice (DOJ).

Any school, private or public, that receives federal funds is subject to Section 504. Specifically, those schools must ensure that individuals with disabilities have full access and equal enjoyment of all facilities, programs, goods and services. Whether or not a private school is subject to Section 504 can be confusing, which is why the OCR examines each complaint carefully to determine if a particular private school receives federal funds in the form of school lunch, anti-drug, or No Child Left Behind grants.

The ADA extends the obligations of Section 504 from educational institutions to other public accommodations, such as restaurants, hotels, theaters, stores, doctors? offices, museums, child care programs and non-religious private schools, whether they receive federal funding or not. Religious private schools, however, are exempt from both statutes. (Some states have additional civil rights legislation, such as Michigan's Persons with Disabilities Civil Rights Act which defines an educational institution as one that is either public or private, appearing not to exempt religious schools as do the federal laws.)

Section 504 and the ADA protect people with allergies because, legally, they are considered disabled. People with chronic conditions, like asthma and celiac disease, fall into this category, as well. The language in both statutes describes a person with a disability as someone who has a physical or mental impairment which substantially limits, permanently or temporarily, one or more major life activities. Major life activities include caring for one?s self, walking, seeing, hearing, speaking, breathing, learning or working. Neither statute lists specific allergies; however, allergens recognized by the American Academy of Allergy, Asthma and Immunology (AAAAI) include pollens, molds, pet dander, dust mites, cockroaches, mice, rats, latex, stinging insects, and food.

Non-allergic asthma triggers acknowledged by AAAAI include irritants. such as air pollutants (tobacco smoke, diesel exhaust), occupational exposures (dust, gases or fumes), strong odors (perfumes, household cleaners, cooking fumes, paints or varnishes) and other airborne particles (coal dust, chalk dust, talcum powder).

Food intolerances and insensitivities may also be covered by Section 504 and the ADA, provided a licensed physician writes a letter stating that the person in question has a disabling condition and explains how that disability restricts the person's diet.

This is simple enough with a relatively straightforward diagnosis, like celiac disease. Things get a little murkier, however, when it comes to something like using a gluten-free, casein-free diet to treat autism. Many physicians don?t believe it is effective treatment. Even so, some parents have successfully incorporated the gluten-free, casein-free diet into their child's Individualized Education Plan (IEP), and, by citing Section 504, have convinced their school that it is obligated to provide appropriate food choices at no additional cost to the parents (wherever the school provides food for students).