A disability under Section 504 is defined by the Americans with Disabilities Amendments Act (ADA) as a \u201cphysical or mental impairment which substantially limits one or more major life activities.\u201d A \u201cmajor life activity\u201d includes walking, seeing, hearing, speaking, breathing, learning, working as well as eating.2<\/sup> Under Section 504 and the ADA, asthma is often considered a disability, depending on severity<\/a>. A school needs to evaluate the effects of a child\u2019s asthma without considering the benefits of using medicine to deal with symptoms.3<\/sup><\/p>\n It depends. If a school receives federal funds, they have to follow Section 504. This includes public schools, including preschools, as well as private schools that receive some form of federal funds.4<\/sup> Colleges do not have to follow 504 plans but have obligations under section 504.<\/p>\n Not every child with asthma needs a 504 plan.5<\/sup> When trying to decide, ask yourself these questions:<\/p>\n Your child\u2019s school may already have an effective plan in place for asthma management. After all, asthma is one of the most common chronic diseases in U.S. children. An individual health care plan (IHCP) may be all that is needed for your child.<\/p>\n But if your child has additional needs that you are concerned about, you may want to consider a 504 plan.<\/p>\n There are three common types of care plans used in many schools<\/a>:<\/p>\n Keep in mind that having asthma does not automatically mean your child qualifies for a 504 plan. Before a 504 plan can be put into place, the school needs to evaluate your child.5<\/sup> Your child must meet the official definition of having a disability.<\/p>\n You can help your school with this process by having documents from your child\u2019s doctor showing that your child\u2019s asthma seriously limits \u201cmajor life activity.\u201d Breathing is a \u201cmajor life activity.\u201d2<\/sup><\/p>\n Start by contacting the school\u2019s principal and the school district\u2019s 504 coordinator. Ask to have your child evaluated for a 504 plan. Once they decide your child is eligible, ask for a meeting to start creating a plan.<\/p>\n The goal of the plan is to ensure your child\u2019s health and manage their asthma while at school. This process can take some time, so you\u2019ll want to start well before school starts. Some parents even start the process in the spring semester for the following school year.<\/p>\n Stay positive when working with the school. The hope is for you and the school staff to work as a team to make sure your child is safe. Communicate often, calmly, and confidently.<\/p>\n <\/p>\n Work with the school to create the plan. Look up some sample 504 plans to give you an idea of what yours might include. Your school district may also have forms or formats. You can start with these, making changes to fit your child\u2019s needs. There is no official federal 504 plan document.<\/p>\n Think about what accommodations your child needs. Consider their asthma triggers<\/a> and what they are likely to be exposed to at school.<\/p>\n The Asthma and Allergy Foundation of America (AAFA) has school planning resources<\/a> that can help guide you. The Centers for Disease Control and Prevention (CDC) has school resources<\/a> as well. And your state health department may already have some guidelines you can refer to.<\/p>\n Here are some things your child\u2019s 504 plan might include:<\/p>\n Your child\u2019s 504 plan should also address:<\/p>\n It\u2019s best to get the 504 plan in writing. The law does not require it. But it is a best practice. This reduces the chance for mistakes or misunderstandings. A written plan should be available for all staff members who interact with your child. This includes classroom teachers, substitute teachers, other teachers (gym, music, art, etc.), custodians, and lunchroom staff. But the only people who need to sign plan are the 504 coordinator and the parents or guardians.<\/p>\n All schools that accept federal funding must accommodate your child. Some parents, though, may run into issues, such as:<\/p>\n If the school says that they \u201cdo not do 504 plans for asthma,\u201d remind them of the Section 504 law.<\/p>\n Schools must create due process procedures that includes parental notification, review requirements, and an impartial hearing with a parent\/guardian, and even legal counsel present. If the school creates a 504 plan that does not include any of your requests, you do not have to agree to it. If this happens, write a letter to the school consistent with the procedures laid out. Tell them you do not agree and would like another evaluation meeting. Remind them you have the right to be involved in creating your child\u2019s 504 plan.<\/p>\n Your requests need to be reasonable and should focus on the accommodations that are needed to keep your child healthy and safe in school.<\/p>\n Stay calm and polite at the meeting. Explain why the plan that the school wrote will not work. Let them know what parts you disagree with. Tell them why your requested changes are important.<\/p>\n If the school still refuses to cooperate, you can file a complaint with the Department of Education\u2019s Office for Civil Rights (OCR)<\/a>.<\/p>\n You may also be able to file a complaint with your state Board of Education. Your state may even have processes in place.<\/p>\n If you have a 504 plan in place when you move, the plan goes with your child.<\/p>\n Before you move, contact the new school. Let them know your child has a 504 plan and send them a copy. If they are OK with the plan, they must put it in place as is.4<\/sup><\/p>\n Sometimes, a school may say the existing 504 plan will not work for their school. If this happens, they must follow your existing plan until a new plan is in place. You\u2019ll need to start the 504 process all over again with the new school.<\/p>\n A college that gets federal funding must abide by Section 504, and all colleges must comply with the Americans with Disabilities Act (ADA)<\/a>. But colleges aren’t required to follow a 504 plan the way elementary and secondary schools are. Colleges are held to a different standard. If you are asking for an accommodation that would be a \u201cfundamental alteration\u201d of their program, or causes them an \u201cundue burden\u201d (usually a financial burden), they can say no.7<\/sup><\/p>\n [\/et_pb_text][et_pb_text admin_label=”Medical Review” module_class=”med-rev” _builder_version=”4.27.0″ _module_preset=”default” text_text_color=”#505050″ text_font_size=”16px” link_text_color=”#008C99″ link_font_size=”16px” header_5_font=”|600|||||||” header_5_text_align=”left” header_5_text_color=”#008c99″ custom_margin=”||3%||false|false” global_colors_info=”{}”]<\/p>\n Reviewed August 2024 by Adrianna Del Principe, Esquire<\/small><\/p>\n [\/et_pb_text][et_pb_accordion open_toggle_text_color=”#FFFFFF” open_toggle_background_color=”#f0f0f0″ closed_toggle_text_color=”#FFFFFF” closed_toggle_background_color=”#f0f0f0″ toggle_icon=”L||divi||400″ icon_color=”#FFFFFF” use_icon_font_size=”on” icon_font_size=”20px” admin_label=”References” module_class=”accord pa-accordion” _builder_version=”4.19.0″ _module_preset=”default” toggle_text_color=”#FFFFFF” toggle_font=”|600|||||||” toggle_font_size=”22px” closed_toggle_font=”|600|||||||” closed_toggle_font_size=”22px” body_text_color=”#505050″ body_font_size=”16px” body_line_height=”1.4em” body_link_font=”||||on|||#008C99|” text_orientation=”left” custom_margin=”||2%||false|false” custom_css_free_form=”.et_pb_toggle_title:before {|| font-size: 20px;|| position: absolute;|| color: #FFFFFF;|| font-family: ETmodules !important;|| font-weight: 400 !important;|| content: %22%924c%22 !important;|| right: 2% !important;|| display: inline-block !important;||}||.accord .et_pb_toggle_content {|| color: #008c99;|| font-size: 16px;|| font-weight: 500;||}” border_width_all=”0px” global_module=”8665″ saved_tabs=”all” locked=”off” global_colors_info=”{}”][et_pb_accordion_item title=”Closed” open=”on” _builder_version=”4.27.0″ _module_preset=”default” global_colors_info=”{}”][\/et_pb_accordion_item][et_pb_accordion_item title=”References” _builder_version=”4.27.0″ _module_preset=”default” global_colors_info=”{}” open=”off”]<\/p>\n [\/et_pb_accordion_item][\/et_pb_accordion][et_pb_code admin_label=”Print” module_id=”print” module_class=”clearfix” _builder_version=”4.17.6″ _module_preset=”default” global_module=”5156″ saved_tabs=”all” global_colors_info=”{}”]![\"\"](\"https:\/\/aafa.org\/wp-content\/uploads\/2022\/11\/back-to-school-504-plan-fb.png\")
<\/p>\nDoes My Child\u2019s School Have to Follow a 504 Plan?<\/h3>\n
Does My Child with Asthma Need a 504 Plan?<\/h3>\n
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How Do I Start the 504 Plan Process?<\/h3>\n
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<\/p>\nHow Do I Create a 504 Plan?<\/h3>\n
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What If the School Does Not Follow the 504 Plan or Refuses to Accommodate My Child?<\/h3>\n
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What Happens If My Child Moves to a New School?<\/h3>\n
Can My Child Have a 504 Plan in College?<\/h3>\n
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