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From:
Kristin Wiley <[log in to unmask]>
Reply To:
Kristin Wiley <[log in to unmask]>
Date:
Wed, 17 May 2006 10:24:21 -0400
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<<Disclaimer: Verify this information before applying it to your situation.>>

The Department of Education has a page of FAQs about 504 plans (
http://www.ed.gov/about/offices/list/ocr/504faq.html).

In the following except, it states that digestive impairments are included:
*12. What is a physical or mental impairment that substantially limits a
major life activity?*
The determination of whether a student has a physical or mental impairment
that substantially limits a major life activity must be made on the basis of
an individual inquiry. The Section 504 regulation, at 34 C.F.R. 104.3(j)(2)(i),
defines a physical or mental impairment as any physiological disorder or
condition, cosmetic disfigurement, or anatomical loss affecting one or more
of the following body systems: neurological; musculoskeletal; special sense
organs; respiratory, including speech organs; cardiovascular; reproductive;
digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any
mental or psychological disorder, such as mental retardation, organic brain
syndrome, emotional or mental illness, and specific learning disabilities.
The regulation does not set forth an exhaustive list of specific diseases
and conditions that may constitute physical or mental impairments because of
the difficulty of ensuring the comprehensiveness of such a list.

Major life activities, as defined in the Section 504 regulation at 34 C.F.R.
104.3(j)(2)(ii), include functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, and
working. This list is not exhaustive. Other functions can be major life
activities for purposes of Section 504.
However, schools are required to show that a student's disability has
moderately-severely impacted the student's ability to perform at grade level
and accommodations positively impact the student's performance, referenced
in this excerpt:
**
*23. Are there any impairments which automatically qualify a student for
protection under Section 504? *
No. An impairment in and of itself does not qualify a student for protection
under Section 504. The impairment must substantially limit one or more major
life activities in order to qualify a student for protection under Section
504.
**
*24. Can a medical diagnosis suffice as an evaluation for the purpose of
providing FAPE?*No. A physician's medical diagnosis may be considered among
other sources in evaluating a student with a disability or believed to have
a disability which substantially limits a major life activity. Other sources
to be considered, along with the medical diagnosis, include aptitude and
achievement tests, teacher recommendations, physical condition, social and
cultural background, and adaptive behavior.

*25. Does a medical diagnosis of an illness automatically qualify a student
for services under Section 504?*
No. A medical diagnosis of an illness does not automatically qualify a
student for services* *under Section 504. The illness must cause a
substantial limitation on the student's ability to learn or other major life
activities. For example, a student who has a physical or mental impairment
would not be considered a student in need of services under Section 504 if
the impairment does not in any way limit the student's ability to learn or
other major life activity, or only results in some minor limitation in that
regard.

Generally, 504s are not written for students with allergies or intolerances,
because this does not affect their performance in school.
When parents wish to initiate the screening process for an IEP or 504 plan,
the best person to contact is the child's classroom teacher as screening
committees and chairpersons vary from school to school.  The composure of
the screening committee also varies from school to school, but is usually
made up of specialists (psychologists, social workers, speech therapists,
etc), administrators (principals, assistant principals, etc.), the child's
homeroom/classroom teacher and the child's parent/guardian.  Parent's are
permitted to request a review by the school's screening committee, but the
final decision on whether to continue with a plan is made by the committee
as a whole.

Once initial contact is made, it usually only takes a couple weeks or so for
the first meeting, if that long.  For parent requested referrals, paperwork
is usually sent home for parents to complete explaining the disability, why
it is of concern, how it is negatively impacting the child's learning and
what failed interventions have already been provided.  The length of the
screening process varies, depending on the nature of the disability and what
testing the committee finds is necessary and appropriate.

*I think it is important to stress again that 504 plans are implemented for
academic reasons, not convenience/inconvenience, such as snacks on field
trips, classroom projects, etc.*

I hope this is helpful and I have answered all your questions.
Kristin

*Please provide references to back up claims of a product being GF or not GF*
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