Will My Child's 504 Plan for Allergies at School Still Have Clout?

Many readers are asking Allergic Living this question (or similar): “Will my child’s 504 plan still be effective in the 2025-26 school year?”

The question arises because of the U.S. federal government staffing cuts to the Education Department’s Office of Civil Rights. OCR oversees and enforces federal 504 plans.

A 504 plan is an individualized disability document. Under Section 504 of the Rehabilitation Act of 1973, and clarified by the Americans with Disabilities Act, the 504 plan ensures students with disabilities get equal access to education in publicly funded schools.

Students with food allergies and asthma are often considered to have a disability under Title II of the ADA. This is because the medical conditions can affect the “major life activities” of eating and breathing.

However, with the OCR’s staff cut in half and a growing number of civil rights complaints dismissed, the status of 504 rights has become less clear. Allergic Living reached out to two nonprofit organization experts on the state of the 504 plan for students with food allergies or asthma.

We interviewed:
• Amelia Smith, general counsel and vice president of civil rights advocacy for the nonprofit Food Allergy & Anaphylaxis Connection Team (FAACT).
• Melanie Carver, Chief Mission Officer of the Asthma and Allergy Foundation of America (AAFA).

Will a child’s 504 plan still have clout in the 2025-26 school year?

AAFA’s Melanie Carver notes that Section 504 “remains the law of the land,” offering protection to students with food allergies and asthma. If you already have a 504 plan for your child, “you should expect it to be followed by the school, as it is legally binding.”

FAACT’s Amelia Smith agrees – the law remains the law. She also notes that if an accommodations issue arises with an allergic child with a 504 plan, making an OCR complaint is not where you’d begin. Rather, the process starts with raising the issue with school officials and/or the school district.

Carver also suggests reaching out to your child’s school in writing to request a meeting to talk through concerns if they arise.

In Smith’s extensive civil rights work with parents, “most of the time, we’re looking at how to flip the situation. We want to get an outcome that’s going to keep a child safe and healthy and happily participating in school.”

She notes that while 504 complaints tend to get emphasized, “we have a lot more 504 plans that work than don’t work.”

If parents are pursuing a 504 plan for a child with allergies or asthma, is it still worth the effort?

Smith says it definitely is worth getting the 504 plan. AAFA’s Carver agrees on the importance of getting the documentation your child needs for their situation on file.

Smith considers the 504 plan “an instruction manual” that spells out the accommodations needed for the child in question to ensure equal education access. Whether speaking to a school district or the parent of an allergic child, Smith reminds that the document simply spells out the agreed-upon rules.

To school officials, “I try to explain that this is not here to limit what you’re allowed to do,” she says. It is pre-planning to keep a child safe.”

What advocacy is there for 504 plans?

On 504 plan advocacy, Carver says AAFA is “working with our allies in Congress to protect the rights of students with asthma and allergies.”

In a key case in which 17 states are suing the U.S. government over 504 regulations – putting all 504 rights at risk – AAFA has issued an action alert. The nonprofit asks people in those states to write to their state’s Attorney General to take action to protect 504 plans.

Should you seek a 504 or another school health plan?

AAFA and FAACT have a different view of whether the 504 plan is always the preferred document for food allergies or asthma. AAFA also recommends the option of an IHP or individualized health plan.

Like the 504, an IHP will cover accommodations to create a healthy school environment for your child and detail staff allergy training and steps to reduce allergen exposure risks.

“If your school already has good policies in place to manage food allergies, an IHP may be a great solution to ensure your child’s food allergies are managed appropriately at school,” says Carver. She notes that one can be integrated into the 504 plan or used instead of one.

However, the IHP is not legally enforceable. To Smith and FAACT, that’s an important difference.

Smith also stresses that, compared to a school’s allergy policy, the 504 plan is a document that applies to the needs of a specific child. “I have parents who say, ‘our school has a great policy.’ That’s fine, but that’s not individualized, and that’s what the law allows.” She suggests that, if you like the school’s allergy policy, seek to make it part of the 504 plan.

Smith notes that a student is in school for many years and through different teachers and coaches. For a student with severe food allergies, “typically, there’s going to be a point in their educational career where they’re going to need something individualized.”

Getting a 504 plan for an allergic child: where do you start?

Smith also offers some advice for those at the stage of contemplating a 504 plan for a child with food allergies.

She would start with an email making a 504 plan request. The attorney suggests sending it to multiple people – the school district 504 coordinator, the principal, the guidance counselor and the district’s special education director.

She encourages the group email, so there’s a paper trail and to improve the chances of reaching the right person to get the wheels in motion. FAACT has a helpful draft letter here for seeking a 504 plan evaluation.

As for accommodations, Smith says the plan should allow your child to participate equally and safely alongside their peers. This includes everything from food protocols for field trips, band trips and sports team trips to using safe materials in art class.

Read more from Allergic Living on 504s here, and from AAFA here and FAACT here.