504 Plans & Ga State Laws

West Georgia Food Allergy Support Group is a non profit, volunteer support group for individuals and families living with food allergies in nearby communities. The site is NOT intended to be a substitute for professional medical advice, diagnosis, or treatment.

504 Plans – Severe Food Allergies/Asthma

A 504 Plan (named for Section 504 of the Rehabilitation Act of 1973) is a plan that outlines the accommodations, aids or services that a student with a disability needs in order to use, and fully participate in, a free and appropriate public education (FAPE).

504 Plans are a legal right in schools that receive federal funding, which includes many private schools.  Students who go to private schools that do not take federal monies are covered under the Americans with Disabilities Act and can work with their schools to set up similar plans. Religious schools may be exempt from Section 504, however some state laws apply.

Sample of a 504 Plan

Children with food allergies have received protection under ADA. For example, in a public settlement agreement under the ADA, a private child care facility was ordered to enroll children with food allergies, and to take appropriate steps to assure that the facility was prepared to recognize an allergic reaction, and respond appropriately.

Sometimes, private religious schools are exempt from the ADA. However, this depends on the relationship between a particular religion and the inner workings of the school.

To learn more about the ADA, visit the ADA website.

To be eligible for a 504 plan, a child must be determined to have a disability by satisfying 3 criteria:
(1) have a physical or mental impairment that substantially limits one or more major life activities; or
(2) have a record of  such an impairment; or
(3) be regarded as having such an impairment.  According to the Americans with Disabilities Act Amendment Act of 2008 a child with a food allergy is determined disabled because the impairment may substantially limit the major life activities of eating, breathing, caring for one self (among others).  If a child has an emergency epinephrine auto injector prescribed, then there is a risk for anaphylaxis.  According to the ADAAA, if the impairment is episodic (the food allergic child is not always reacting, just as a child with seizures is not always seizing), it does NOT dismiss eligibility if the impairment (anaphylaxis) limits a major life activity WHEN ACTIVE.  In this case, the major life activity that is substantially limited during anaphylaxis is breathing.” See Sec. 12102, 4, D.

Georgia’s Self Carry Law, GA HB227

A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for statutory construction relating to a law authorizing a student to carry and self-administer auto-injectable epinephrine; to provide for local board of education policies authorizing school personnel to administer auto-injectable epinephrine to students who are having an anaphylactic adverse reaction; to provide for a definition; to provide for information and training; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes.

http://www.legis.ga.gov/Legislation/20112012/116297.pdf

GA Stock Epinephrine Law–GA HB337

Mylan Specialty announced a program that will enable schools to better handle anaphylaxis.  The company, which produces and distributes Epi-Pens, is offering qualified schools two twin packs of EpiPens at no cost.
To apply for the Epipens district or school nurses must download, complete, and fax in the forms, which the link can be found below (Epipen4schools).  A valid Epi-Pen prescription must accompany the forms.  Mylan’s EpiPen4Schools program does not provide Epipens for individuals so it is invalid to send a prescription made out to an individual student.  The prescription must come as a standing order from a physician for use by medical and school personnel for any individual in the school setting that is experiencing a life-threatening allergic reaction.
Current Program for GA Schools to receive Free Epipens:
http://www.legis.ga.gov/Legislation/20132014/133180.pdf

Mylan/BioRidge Pharma EpiPen4Schools Program:

http://www.epipen4schools.com/

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