On March 7, 2017, an Administrative Law Judge in K.I. o/b/o K.I. v. Moorestown Township Board of Education found that the Board violated Section 504 of Rehabilitation Act of 1973 by failing to offer a Section 504 plan to address the student’s celiac disease. The ALJ held that the Board failed to offer a free appropriate public education (“FAPE”) under Section 504 when it offered an individualized healthcare plan (“IHP”) instead of a Section 504 plan to address the student’s medical condition.
The student was in elementary school when she was first diagnosed with celiac disease, an autoimmune disease in which ingesting gluten damages the small intestine. Shortly after the diagnosis, the parent submitted medical documentation recommending certain accommodations for the student, such as allowing the student to carry a water bottle with her to hydrate, liberal access to the bathroom, cleaning of the cafeteria table before the student eats lunch, and access to sanitary wipes. After reviewing the information submitted by the parent, the Board developed an IHP for her and included the accommodations.
Thereafter, the parent insisted that the Board develop a Section 504 for the student. The Board responded that an IHP, which included the requested accommodations, was sufficient to meet the student’s needs. The Board contended that a Section 504 plan was unnecessary.
The parent filed a due process petition in the New Jersey Office of Administrative Law arguing that the student is entitled to a Section 504 plan. For a student to qualify for a Section 504 plan, the student must have a physical or mental impairment that substantially limits one or more major life activities. Here, the ALJ determined that the student has a qualifying impairment by way of celiac disease. Further, based on the medical documentation provided by the parent, the ALJ found that the celiac disease substantially limited one or more of the following major life activities: learning, concentrating, and digestion. The ALJ did not find it relevant that the student was excelling academically and rarely missed school to determine whether the student’s celiac disease is a qualifying condition under Section 504.
In short, the ALJ ruled that the IHP was insufficient to address the student’s celiac disease and required the Board to develop a Section 504 plan.
