Students with food allergies are at risk for anaphylaxis, a life-threatening condition that can significantly impact the “major life activity” of breathing. What Is the Significance of Section 504 to a Student with Food Allergies? Additionally, Congress defined “major bodily functions” such as immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions as “major life activities.” It is important to note that these were merely examples given by Congress and were not intended to be an exclusive list of “major life activities.” Under the current law, “major life activities” can include caring for oneself, performing manual tasks, walking, seeing, hearing, eating, speaking, breathing, learning, working, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. The regulatory provisions for Section 504 specifically define a “physical or mental impairment” and “major life activities,” the definition of which was expanded by the Americans with Disabilities Act (ADA) Amendments Act of 2008. To be a qualified student with a disability under Section 504, the student must fall into one of three categories: (1) the student must have a physical or mental impairment that substantially limits one or more major life activities, (2) the student must have a record of such impairment, or (3) the student must be regarded as having such an impairment. The most common educational application of Section 504 occurs in public, K-12 schools, where Section 504 requires a school district to provide a “free and appropriate public education” (FAPE) to each qualified, disabled student, regardless of the nature or severity of that student’s disability. Public school districts, institutes of higher learning, some early childcare education centers, and other state and local educational agencies are types of institutes that receive federal funding and thus must comply with Section 504. Section 504 of the Rehabilitation Act of 1973 prohibits programs and activities that receive federal financial assistance, such as public schools, from discriminating against and/or excluding individuals with disabilities solely on the basis of their disability.
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