Cuts to the U.S. Office for Civil Rights (OCR) are eliciting uncertainty and fear in the food allergy and asthma communities. Concerned parents wonder what the dismantling of the federal Department of Education, which includes the OCR, means for their children’s accommodations in school.
“It is a time of great turmoil. The uncertainty is terrifying,” says attorney Amelia Smith.
However, she stresses that advocates are working to ensure students with disabilities continue to be protected under the laws that remain in place.
“I don’t want our families to lose hope. Today, our families are entitled to these rights,” says Smith. She’s the general counsel and vice president of civil rights advocacy for the nonprofit Food Allergy & Anaphylaxis Connection Team (FAACT).
Many students with food allergies and asthma rely on individualized federal 504 plans to ensure equal access to public education.
However, the OCR, which oversees and enforces school 504 plans, has been gutted. Firings on March 11 reduced the staff by half. The staff reduction resulted in seven of 12 regional branches closing.
“The Office for Civil Rights plays a crucial role in ensuring that people with disabilities, including students with food allergies and asthma, receive the accommodations they need,” says Jenna Riemenschneider. She is vice president of advocacy and policy at the Asthma and Allergy Foundation of America (AAFA).
OCR Cuts and Rights Uncertainty
The OCR cuts are part of President Donald Trump’s efforts to dissolve the Education Department. He signed an executive order on March 20 to dismantle the department, established in 1979. Completely removing it requires an act of Congress, but the President’s actions are already diminishing its role.
The department cuts mean fewer staff to investigate civil rights complaints, enforce protections and provide oversight to schools, Riemenschneider says. This could result in delays with addressing violations.
The reduction will “make it harder for families to ensure their children have access to safe learning environments, proper medication access, and emergency response plans,” she says.
Under the Section 504 of the Rehabilitation Act of 1973, and clarified by the ADA, the 504 plan ensures students with disabilities equal access to education in publicly funded schools.
Some families with pending OCR complaints are struggling to get information about their cases. This is especially so in states where regional offices have shut down. OCR offices closed in Boston, Chicago, Cleveland, Dallas, New York, Philadelphia and San Francisco.
Nancy Flores of Austin, Texas, has been unable to reach anyone about her case. She filed complaints over her school district’s handling of accommodations for her 17-year-old son’s food allergies and other areas of disability.
Upon filing the complaints in 2024, Flores spoke to her assigned OCR officer once and provided information via email. Since then, her requests for updates by phone and email have gone unanswered, she says.
With the current cuts to the OCR, she has lost hope. “Now it seems as though he has no rights to be treated equally in school and for people to be held accountable when they fail to follow the law,” Flores says. “I am incensed, frustrated and worried about what lies ahead.”
Is It Worth Getting a 504 Plan?
The worry is not unfounded, as a clear path forward has not been mapped out. Parents are left to wonder who will ensure that public schools are providing an equal and safe education for their children.
Without the OCR oversight, schools not being held accountable might “neglect or inconsistently implement necessary accommodations,” Riemenschneider says. “Robust enforcement ensures that every student who requires a 504 plan receives the protections they are entitled to.”
So is it even worth getting a 504 plan for a student? “Unequivocally yes, parents should still get 504 plans,” disability rights attorney Mary Vargas tells Allergic Living. “It is as critical now as ever to have a 504 plan.”
The option to seek investigation and enforcement through the Education Department has changed. But Vargas says parents should still work with schools to develop plans to ensure equal and safe access for children with food allergies and asthma.
“Because the law and the rights remain, parents can still advocate for their children,” says Vargas, a partner in the firm Stein & Vargas LLP. Students with food allergies often qualify as having a disability under the ADA. This is because food allergies can affect eating and breathing, which Title II of the ADA calls “major life activities”.
FAACT’s Smith agrees that it is important to focus on the rights that are in place. “Nothing about dissolving the OCR abdicates the school district from following a child’s 504 plan,” she says.
School Allergy Rights Cases: What Now?
However, the merit in filing an OCR complaint is now in question. Vargas does not expect the OCR itself will investigate or act on parent complaints. “I do not see filing a complaint with OCR as a viable option at this point,” she says.
With a pending complaint, Smith recommends that parents who haven’t had a response document attempts at communication as they persist in trying to get answers. They should continue calling the OCR regional office. If that office has been closed, call technical assistance, she says.
For pending complaints, Vargas also recommends reaching out to the National Center for Youth Law (NCYL) and the Council of Parent Attorneys and Advocates (COPAA). Both civil rights nonprofits advocate for students with disabilities. They also are taking legal action in light of the administration’s recent actions.
The NCYL has filed a lawsuit (Carter v. The Department of Education) seeking a permanent injunction to require the OCR to continue conducting civil rights investigations. COPAA is named as a plaintiff along with two parents who have pending OCR claims. The lawsuit was filed in federal district court in Washington, D.C.
Families who are having difficulties with their child’s school regarding 504 protections should first try to work things out amicably at the school level, Smith advises. If that is unsuccessful, legal challenges are still an appropriate response, she says.
Vargas agrees. “Parents can pursue legal action in the worst case situation where a child is denied equal access on the basis of disability.”
Connecticut’s State Bill Effort
Efforts to protect students’ rights are also in action on the state level. In Connecticut, Representative Robin Comey is sponsoring a bill to codify Section 504 as a state statute.
“Connecticut is committed to ensuring our students maintain protections from disability-based discrimination as we are seeing the federal landscape continue to deteriorate,” Comey says. The closing of the regional Boston OCR office, which served Connecticut, has amplified the need for the state to act, she says.
The proposed House Bill 7219 aims to provide a framework to “receive, investigate, and act on complaints in a timely manner,” she explains. Legislators have not yet made final decisions about who in the state would carry out the oversight and accountability, Comey says.
The legislation will need to pass the house, the senate and then make it to the Governor’s desk for his signature, before a June 4 deadline.
In public testimony, Comey says families, advocates and disability lawyers have brought many concerns to light about implementing 504 plans. Speakers have touched on the need for better staff training, consistency across districts and better communication.
Raising 504 Plan Awareness
Smith says families across the U.S. can help raise awareness in their districts about the importance of civil rights at school for children with food allergies and asthma. “This is a time that we really need to educate others,” Smith says.
She points to the Food Allergy Management in Schools (FAMS) report, released in November 2024, as a valuable resource. The school guidance includes a recommendation to train school leaders on legal requirements for managing food allergies.
Vargas encourages parents to stay on top of the evolving education situation, especially as it pertains to 504 plans. “This is a time for parents to educate themselves about their children’s rights, and to maintain vigilance as there remain challenges to Section 504.”
In addition to the federal administration’s moves to dismantle the Education Department, the lawsuit Texas v. Becerra also puts the federal 504 plan at risk. The lawsuit, filed by 17 states in September 2024, seeks to end accommodations for students with disabilities. The parties involved in that case are expected to submit a status update in April 2025.
Advocating for School Rights and Allergies
Food allergy and asthma advocacy groups encourage the community to make their voices heard about the need to ensure 504 protections are maintained.
AAFA has issued a call to action in response to the lawsuit by the 17 states. It provides a letter and online form on its website to make it easy for community members to contact their state’s attorney general or governor. You can also contact AAFA to share personal stories and concerns.
“The case, while distinct, reflects the broader worry families have about losing essential rights and accommodations for their children,” Riemenschneider says. The nonprofit has already heard an outpouring of responses from concerned families.
FAACT has also launched a campaign to encourage people to share their positive experiences with 504 accommodations. “Celebrate Section 504” provides information and links to AAFA’s templates, along with COPAA’s form for contacting members of Congress.
“It is my hope that this campaign will help redirect attention to the positive nature of Section 504,” Smith says. “Our stories are extremely powerful.”
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