Student Rights

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Food Allergies and Special Dietary Needs in School

June 28, 2010 in Special Education, Student Rights | No comments

When a student has food allergies or special dietary needs, schools may be legally obligated to provide accommodations. When a student has special dietary needs, she may qualify for a 504 plan. Likewise, a student who has a life threatening allergy to certain food ingredients may also qualify for a 504 plan. The “504″ refers to Section 504 of the Rehabilitation Act of 1973, a civil rights law that prohibits discrimination on the basis of disability.

To qualify for a 504 plan, a physician must first sign a statement (1) identifying the student’s disability or health need, (2) an explanation why the student has a dietary need or allergy, (3) an explanation how the disability or health need constitutes a major life activity, and (4) an explanation what the school can do to address the matter. The next step will be to share this information with school personnel and schedule a meeting to develop a 504 plan.

What types of 504 accommodations might be available to students who have special dietary needs or food allergies? Consider these examples:

  • Diabetes
    • Schools may be obligated to hire a certified school nurse or RN in the building when there are diabetic students in schools.
    • School staff may be required to ensure that a student with diabetes eat snacks throughout the day.
    • School staff may be required to know where insulin and hypoglycemia supplies are stored.
    • School staff may be required to monitor glucose levels.
  • Cystic Fibrosis
    • Students with cystic fibrosis may require additional calories, and the school may be required to provide either larger food portions or a high calorie diet.
  • Allergies
    • A student is allergic to a specific food ingredient. The school nutrition staff may be required to make food substitution or modifications.
    • The school nurse may be required to be trained to give epinephrine to alleviate allergic reactions.
  • Feeding difficulties
    • A student cannot chew solids and must consume liquid diets. The school nutrition staff may be required to provide a liquid diet.
    • School staff may be required to hire a qualified person to assist a student who feeds through a tube.
    • School staff may be required to assist a student who is unable to feed herself.

The United States Department of Agriculture has an excellent primer titled “Accommodating Children with Special Dietary Needs in the School Nutrition Programs.” The entire 59 page manual is available here. (If you want even more information beyond the USDA’s primer, check out this 200 page course manual.) The USDA also has published other resources here.

Guidance to developing a 504 plan for food allergies may be found here. A sample 504 plan for students with diabetes may be found here and there. The American Celiac Disease Alliance has a model 504 plan for students with celiac disease.

School Bullying, Intimidation, & Harassment

March 15, 2010 in Student Rights | No comments

In the past few weeks, I have received an unusually large number of emails from parents concerned about their child who is being bullied and sexually harassed in school. I get many questions. One parent asked if there are laws against school bullying and harassment in New Jersey (yes). Another parent asked me if it contacting a lawyer is jumping the gun (no). Still another asked how a lawyer can help resolve the situation (see below).

School bullying, intimidation, and harassment can cause serious harm. Children who have suffered from repeated acts of bullying and harassment become afraid to go to school. In rare cases, students like Ryan Halligan and Phoebe Prince commit suicide because they could no longer withstand the emotional and physical abuse that the bullies had inflicted upon them. In extremely rare cases, bullies will use dangerous weapons; such was the case in the February 2008 fatal shooting of Larry Fobes King.

First things first: No child should be bullied, intimidated, or harassed. Fortunately, most states, including New Jersey, have anti-school bullying laws. (To see which states have anti-bullying laws, see this website.) While there are no federal laws that specifically target school bullying, some attorneys have been successful in utilizing Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act to address bullying, intimidation, and harassment. Depending on the facts of the case, some attorneys have also been successful in applying state-specific anti-discrimination laws as well.

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Mohawks, Tattoos, and Facial Piercings… in School

December 14, 2009 in Student Rights | No comments

I remember my first year of high school very fondly, just like it was yesterday. I had a good friend with a mohawk. We were in a couple of classes together. He loved heavy metal music and was against social conformity. His choice of hair style was his way of expressing himself; he wanted to be different, unique. Another good friend of mine had long hair. The fact that both friends had different hair styles from many others in the school was (at least to me) a beautiful thing. I still think this way. And to this day, I still wonder if any teacher or school administrator ever asked either of my friends to change their hairstyles.

A high school student with a mohawk takes notes in class.

Caption: A high school student with a mohawk takes notes in class.

In 1969, several high school students, aged 13 to 16, wore black armbands to protest the Vietnam War. Concerned that the black armbands might cause a disturbance among school students, the school administration imposed a ban on wearing these armbands and subsequently suspended five students who chose to ignore the ban. The students’ parents filed a federal lawsuit against the school on the grounds that the school’s policy violated freedom of speech under the First Amendment. The case went all the way up to the Supreme Court of the United States.

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Students with Disabilities and Extracurricular Activities

November 16, 2009 in Disability Discrimination, Special Education, Student Rights | 4 comments

One of the most important aspects of school is non-academic extracurricular activities. Students who participate in extracurricular activities, such as sports, chess, music, student government, yearbook clubs, and other special interest clubs, develop talent, skill, and teamwork. By participating in extracurricular activities, students have an opportunity to make friends they would not otherwise have made during the regular school day.

The importance of extracurricular activities cannot be overemphasized, particularly for students with disabilities who are mainstreamed because it provides an opportunity for them to learn new skills, improve their talents and self-esteem, and develop relationships with their peers. In addition, when students with disabilities participate in extracurricular activities, other “nondisabled” students will look past one’s “disability” and focus more on one’s talents and skills.

Therefore, it is important that parents understand that students with disabilities have the right to participate in extracurricular activities at school.

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Are IEPs Necessary for Service Animals?

November 9, 2009 in Disability Discrimination, Service Animals, Special Education, Student Rights | No comments

In a very controversial and widely publicized case in Illinois that involves a child with autism who wants to bring his service dog to school, the school district is arguing (among other things) that the child cannot bring his service dog to school because it is not in the child’s IEP. It will be interesting to see how a judge responds to that argument.

In a previous blog post, I discussed the law and issues relating to service animals who accompany children with disabilities to school. Thus far, I have not discussed whether it is necessary to have an Individualized Education Plan (IEP) in order to bring a service animal to school. Those of you who have been reading my blog for some time probably know the answer to this question.

Caption: A boxer dog lies down with her head on a laptop.

Caption: A boxer dog lies down with her head on a laptop.

Briefly, an Individualized Education Plan (IEP) is a written document that consist of goals and objectives agreed to by the parents and school district on behalf of an eligible child with a disability. The IEP will also contain the necessary accommodations, modifications, and services that the school must provide in order for the eligible child to gain a meaningful and beneficial education.

The IEP is governed by a federal law known as the Individuals with Disabilities Education Improvement Act (IDEIA [but commonly referred to as IDEA]), which guarantees eligible children a free and appropriate education.

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Service Animals in the Schools

August 25, 2009 in Disability Discrimination, Service Animals, Student Rights | 7 comments

I don’t know about you, but I love reading positive stories about service animals that accompany children with special needs to school. Three recently published stories stand out: one is about a New Jersey gal with severe epilepsy who graduated from high school with her service dog; another is about a Wisconsin high schooler with a seeing-eye dog; and the third story is about a high school student in New York who is training a Seeing Eye dog for her senior project. In each of these stories, the schools welcomed the dogs with open arms.

Caption: Photo of kid in a wheelchair with a dog by his side

Caption: Photo of kid in a wheelchair with a dog by his side

Not all stories are happy ones. Some school districts blatantly refuse to permit students to bring their service animal to school in violation of federal and state law. To ensure that no service animals are brought to school, some schools will deliberately ignore the law and demand a court order before taking action.  (Some bloggers have shared their perspectives about one case in particular here, there, and over yonder.)

Most recently, there was a news story about an autistic child starting pre-kindergarten special education classes who was met with resistance when the school would not allow the child to bring in his service dog. There’s a terrific and heated debate occurring at the Newsvine regarding whether children with autism should be permitted to bring a service dog to school. This debate clearly demonstrates that service animals for kids with autism  is a tricky issue because it may not be clear if the animal is a “service animal” or a “companion pet.” More on that below.

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