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(16.21) What are some health conditions that are typically covered by Section 504, and what accommodations are provided to a child with a health condition?

(16.21) What are some health conditions that are typically covered by Section 504, and what accommodations are provided to a child with a health condition?

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A child with any health condition may qualify under Section 504 if the condition substantially limits them in a major life activity such as breathing, respiratory function, immune function, concentration,  caring for one’s self, or learning.[1] Conditions such as diabetes, asthma, food allergy, environmental allergy (multiple chemical sensitivity), epilepsy, and Attention Deficit Hyperactivity Disorder (ADHD) are commonly covered by Section 504 when there is evidence that the condition limits the child’s ability to perform a major life activity as compared with other children of same age in the general population.[2] These conditions may also qualify a child for an IEP under the IDEA’s category of other health impairment (OHI). See Chapter 3, Information on Eligibility Criteria. 

Once a child is eligible under Section 504, their school has an overarching obligation to ensure that they have an equal opportunity to receive the same benefits and participate in the same programs as their peers without disabilities on an equal basis.[3] OCR has held that schools have an obligation under Section 504 to take steps to make school environments as safe for students with disabilities as they are for students without disabilities.[4] Also, the school must ensure that students with disabilities are not excluded from a program, class or an extracurricular activity because of their disability if appropriate and reasonable accommodations addressing their disability needs can be implemented to ensure their safe and effective participation.[5] 

In addition to their duty to prevent discrimination on the basis of disability, districts, through evaluations, must make an individualized determination of the impact of the health condition on the child and identify specific accommodations and services in their 504 plan that will ensure their receipt of a FAPE as well as their equal participation in district programs and activities.[6] The following accommodations have been found appropriate and reasonable for some of the health conditions covered under Section 504. 

Diabetes 

  1. Administering insulin when student is unable to self-inject.[7] 
  2. Administering insulin and glucagon, and calculating ketones on field trips.[8] 
  3. Developing nutritional information for school lunches.[9] 
  4. Installing insulin pod refills for an insulin pump.[10] 
  5. Administering insulin and providing snacks on the school bus.[11] 

Asthma 

  1. Assisting with the use of inhalers and administering medication.[12] 
  2. Providing transportation to school.[13]
  3. Developing a safety emergency plan and informing all school staff of the steps to take under the plan.[14] 
  4. Letting student administer an epinephrine auto-injector pen.[15] 
  5. Prohibiting presence of substances such as peanuts and peanut products from classes.[16] 
  6. Installing hand-wash stations outside class.[17]
  7. Apprising cafeteria staff of food restrictions.[18] 

Food Allergies  

  1. Developing a safety emergency plan and informing all school staff of the steps to take under the plan.[19]
  2. Letting student administer an epinephrine auto-injector pen.[20] 
  3. Prohibiting presence of substances such as peanuts and peanut products from classes.[21] 
  4. Installing hand-wash stations outside class.[22] 
  5. Apprising cafeteria staff of food restrictions.[23]

Environmental Allergies (Multiple Chemical Sensitivity) 

  1. Monitoring by qualified nurse. 
  2. Developing protocol ensuring oxygen availability. 
  3. Carrying out emergency protocol.[24] 

Epilepsy 

  1. Providing aide with medical training to address seizure episodes.[25] 

Hirschsprung’s Disease 

  1. Assisting with use of colostomy bags.[26] 

Tube Feeding 

  1. Providing tube feeding in the classroom.[27]

ADD/ADHD 

  1. Administering medication during school day.[28]

  1. 42 U.S.C. Sec. 12102(2)(B)-(4)(E).[↩]
  2. 28 C.F.R. Sec. 35.108(d)(1)(v).[↩]
  3. 34 C.F.R.Sec.104.4.[↩]
  4. Washington (NC) Montessori Pub. Charter Sch., 60 IDELR 79 (OCR 2015).[↩]
  5. Bethlehem (NY) Cent. Sch. Dist., 52 IDELR 169 (OCR 2009); Donegal (VA) Sch Dist., 66 IDELR 231 (OCR 2015).[↩]
  6. 34 C.F.R. Sec. 104.35.[↩]
  7. Duval County (FL) Pub. Schs., 113 LRP 27887 (OCR 04/19/13).[↩]
  8. Clayton County (GA) Sch. Dist., 52 NDLR 170 (OCR 2015).[↩]
  9. Rudyard (MI) Area Schs.,115 LRP 10469 (OCR 10/19/14).[↩]
  10. Prince William County (VA) Pub. Schs., 69 IDELR 168 (OCR 2016).[↩]
  11. Bryan County (GA) Schs., 69 IDELR 43 (OCR 2016).[↩]
  12. Pueblo (CO) Sch. Dist. 60, 60 IDELR 25 (OCR 2012).[↩]
  13. Montgomery County (AL) Pub. Schs., 68 IDELR 282 (OCR 2016).[↩]
  14. Encinita (CA) Union Sch. Dist., 114 LRP 23545 (OCR  01/29/14).[↩]
  15. Franklin County (TN) Pub. Schs., 52 IDELR 143 (OCR 2009).[↩]
  16. South Windsor (CT) Pub. Schs., 49 IDELR 108 (OCR 2007).[↩]
  17. Encinitas (CA) Union Schs. Dist., 114 LRP 23545, (OCR 01/29/14).[↩]
  18. Henry County (MO) R-I Sch. Dist.,52 IDELR 233 (OCR 2009).[↩]
  19. Encinita (CA) Union Sch. Dist., 114 LRP 23545 (OCR  01/29/14).[↩]
  20. Franklin County (TN) Pub. Schs., 52 IDELR 143 (OCR 2009).[↩]
  21. South Windsor (CT) Pub. Schs., 49 IDELR 107 (OCR 2007).[↩]
  22. Encinitas (CA) Union Schs. Dist., 114 LRP 23545, (OCR 01/29/14).[↩]
  23. Henry County (MO) R-I Sch. Dist.,52 IDELR 233 (OCR 2009).[↩]
  24. Stafford County (VA) Pub. Schs., 70 IDELR 164 (OCR 2017).[↩]
  25. Yakima (WA) Sch. Dist. No. 7, 64 IDELR 53 (OCR 2014).[↩]
  26. Alachua County (FL) Sch. Dist., 52 IDELR 204 (OCR 2009).[↩]
  27. Huntsville (AL) City Schs., 73 IDELR 270 (OCR 2018).[↩]
  28. Letter to Mentink, 19 IDELR 1127 (OCR 1993).[↩]