It seems as though colleges feel as if they may be immune to the American with Disabilities Act, section 504. Celiac Disease is considered a disability under the law. Today, alone, I had two phone calls regarding colleges not accommodating students with celiac disease. These students are relying on the schools to provide nutritious meals that are in tuned with the food restrictions of the student. However, I am hearing that no such provisions are occurring.
Section 504 of the American with Disabilites Act states that if the school accepts federal funding, whether it be in the form of federally funded student loans or otherwise, it must make accommodations and modifications to address the needs of students with disabilities. Per Wright’s Law website, “making accommodations and modifications means changing the way things are usually done in order to take into account a child’s disability-related needs. The regulations implementing these laws require that students with disabilities receive benefits and services comparable to those given their nondisabled peers”. Plain and simple, the schools are required by law to provide an equal meal to the gluten-intolerant portion of the school’s population as the gluten-tolerant portion of the student body is served.
This topic is so important and relevent, that I am addressing it for a second time. If you would like to know more about Section 504, please visit http://www.wrightslaw.com/info/section504.ada.peer.htm. There are many websites explaining the law. I thought this website, in particular, did a very good job of giving a layman’s synopsis.
I find it imperative to become familiar with the law if you have celiac disease. You have been given certain rights under this law that you may enforce should it be necessary. If the school does not comply, there are several attorneys well-versed in the American with Disabilities Act that would be happy to help.
If there are any of you who have fought a school on this front, and won, I would love to hear your story. Please comment back so we can all share in your victory as it is a victory for all of us!
April 27, 2010 at 4:46 pm
I have struggled with Brenau University in Gainesville, GA for over a year now trying to get a healthy meal plan that is suitable for my needs as someone with Celiac’s Disease. However, over a year later, and there have been no changes-only a few response e-mails saying they will look into the situation. I was wondering what information you have regarding attorney’s such as how much it would cost, as well as some contact information. Thanks! Lindsey
April 27, 2010 at 9:11 pm
Hi Lindsey,
I would go to the Georgia Bar Association and ask for an attorney who specializes in disability law. That will at least be a place to begin. If you want more info, you can e-mail me privately at sullivanmedical@ureach.com.
-Michelle Sullivan
April 27, 2010 at 9:25 pm
Thank you so much for your help!
Lindsey
September 13, 2010 at 8:56 am
Hi Michelle, My son has asthma and for the past year his school has been under construction. The amount of time he was in the nurse is very upsetting. He would have a breathing treatment, be sent back to class only to have him go back to the nurse again and eventually be sent home. At home he was symtom free no wheezing at all. He missed numerous days of school. His whole attitude changed about it. Now i’m worried that his lungs are permenently damaged from all the wheezing. A new school year is here and i’m worried it may be the same story all over again. Switching schools within the district wont do anything because all the schools are under construction(Long Beach, NY). Any info would be helpful
Jennifer
September 13, 2010 at 10:00 pm
HI Jennifer,
Per an attorney that I spoke with, the school is expected to provide reasonable accomomdations for your son during the time period of on-going construction. You can go to your pediatrician and get what is called a 504 letter and present it to the school. If they do not fall in and comply, then you are to seek out a disability attorney who can pursue this is in a legal mode. I realize that no one wants to have to take this route. However, if lawful expectations are not met on the part of the school you have no other choice.
I wish you luck and keep us informed of your progress. I hope your son has a more stable year!
-Michelle Sullivan
December 9, 2010 at 7:56 pm
How does ADA and celiacs disease apply to universities? i was diagnosed 2 years ago, and i have a friend diagnosed several years before my self. we have been trying for 2 years now to get our school to provide gluten free options, needless to say, they wont even look into it. i haven’t lived on campus because they dont allow any appliances (except mini fridge)in campus housing. my friend lived in the dorms for a year and they made her buy a meal plan that she could not use, nor would they offer meals. heck, one of the campus paper reporters wrote an article about becoming vegan and the lack of options. 2 weeks later they are now offering vegan options.
December 9, 2010 at 9:44 pm
Does the university accept federal funding, even in the form of federally subsidized school loans? If so, they are obligated by law to provide the same accomodations to food intolerant students as they are providing to all other students. What university is this? If it is outside of Illinois, I would contact an attorney that deals with ADA issues. You can find them thru your state bar association. If it is here in Illinois, I can pass this along to my husband who is an attorney/physician, has celiac disease as well, and loves to fight the system until all are treated equally.
Let me know how things go. Will you??
-Michelle Sullivan
June 22, 2011 at 1:52 pm
[...] http://sullivanmedical.wordpress.com/2010/03/03/americans-with-disabilities-act-section-504/ [...]
August 9, 2011 at 3:22 pm
Hi Michelle,
My name is Cathy Morrissey & I work @ OMG…It’s Gluten Free! ( I think we have met there). Julie Scianna and I have been trying to get us on the menu for hot lunch days at our school district Franfort 157-C. Superintendant Tom Hurlburt asked us last yr. to go tree nut free, in addition to the peanut free we already were. We took his advice and made the change. We have tried to get him to speak with us, to no avail. In fact, we sent him another email yesterday letting him know we will see him at the next board meeting. He is fully aware that we are pushing for this not for the sake of OMG sales, but for the sake of OUR children and countless others that MUST eat a gluten free diet. I don’t understand the problem. He as no issue with junk food that no child NEEDS, but on this issue he is too busy to hear us, or simply does not care! Ugh!
December 21, 2011 at 2:47 pm
[...] Many colleges require freshmen to live in the dorm and use a mealplan in the cafeteria with no access to the ability to store or cook food for themselves. To get the requirements waived or to be accommodated under the American Disabilities Act, one needs a formal diagnosis and a 504 plan – even then it can be a challenge. [...]