http://www.educationadminwebadvisor.com/schedule/detail/food-allergy-becomes-a-new-protected-ada-disability (http://www.educationadminwebadvisor.com/schedule/detail/food-allergy-becomes-a-new-protected-ada-disability)
Date/Time: 11/26/2013, 1 PM Eastern
Duration: Scheduled for 90 minutes including question and answer session.
Presenter(s): Melissa Fleischer, attorney at law, and president, HR Learning Center, LLC
Price: $299.00 webinar, $299.00 CD, $399.00 webinar + CD. Each option may be viewed by an unlimited number of attendees in one room using one unique login. CD includes full audio presentation, question and answer session and presentation slides.
CE Credits: This program has been approved for 1.5 general recertification credit hours toward PHR, SPHR, and GPHR recertification through the HR Certification Institute.
Who Should Attend? HR, attorneys, department heads, faculty, administrators, and staff
As a result of a recent settlement between the federal Department of Justice and Lesley University in Massachusetts, students with serious food allergies may now qualify for accommodation under the Americans with Disabilities Act. By applying ADA to food allergies, the Department of Justice has turned food into an access issue ‒ access to an education in this case. This decision will likely impact both higher education as well as the primary and secondary levels. The Lesley University case involved a student with celiac disease who required a gluten free diet. This was not available as part of the mandatory meal plan which the university required the student to participate in. DOJ, responding to a complaint from the student, entered into a settlement with the university in which Lesley University agreed to make dietary accommodations for students with special dietary needs. The implications of this settlement are likely to be far reaching and require significant changes for all levels of education in order to avoid charges of discrimination against students with special dietary needs. Please join Melissa Fleischer, attorney at law, as she guides you through the landmark Lesley University settlement and helps you understand its relevance to you as you consider what changes might be necessary in your dietary planning in order not to violate this new ADA accessibility requirement.
WHAT YOU'LL LEARN
Just a sampling of the many practical tips you'll take away:
Review the Lesley University settlement in detail
Discuss the applicability of the settlement to dietary planning in general
Discuss the logic of extending the ADA definition of a disability to food allergies
See how the ADA concepts of "accessibility" and "reasonable accommodation" apply
Consider the types of accommodations that might be required. Examine the terms of the Lesley University settlement for guidance
Understand whether this settlement can be narrowly applied to only students with celiac disease or whether the decision can be generalized to other forms of food allergies as well
AND MUCH MORE!
YOUR CONFERENCE LEADER
Your conference leader for "Food Allergy Becomes a New ADA Protected Disability: Review the Changing Requirements" is Melissa Fleischer, attorney at law and president of HR Learning Center LLC. Ms. Fleischer is a management-side employment attorney with over 20 years' experience representing clients in employment discrimination litigation as well as providing preventive counseling and training on workplace issues. HR Learning Center LLC offers training seminars, webinars, and consulting on a variety of workplace and human resources issues. She is also a frequent speaker on a wide range of employment law topics including: workplace investigations, anti-harassment training, FMLA and ADA training, workplace violence prevention, etc. Ms. Fleischer earned her J.D. degree from the George Washington University School of Law.
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CERTIFICATES OF PARTICIPATION
EducationAdminWebAdvisor certificates of participation are available to everyone completing this webinar.
It sounds like she's going to interpret ADA only within the context of Title III with regard to dietary needs without addressing educational access for LTFA under Section 504 through DOE. And really, how about Title II for those that are public universities?
... and "new?"
HEL-LO??
I first heard about 504 plans in K-12 from this community-- over a DECADE AGO.
Dear companies considering the $299-$399 price tag,
The Americans with Disabilities Act of 1990 and Revised ADA Regulations Implementing Title II and Title III (http://www.ada.gov/2010_regs.htm)
Section 504 of the Rehabilitation Act of 1973 (http://www2.ed.gov/about/offices/list/ocr/504faq.html)
SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND LESLEY UNIVERSITY
DJ 202-36-231 (http://www.ada.gov/lesley_university_sa.htm)
I'll do it for half the price. And I'll do it right.
Sincerely,
Wife of faculty and mother of qualifying students under ADA/504, who think you all should just ask the DOJ or DOE for free.
Not to mention - it's Thanksgiving week - I'll be busy cooking!
And while yes, it's been a known law for many years, how many of us had school districts act like they were doing us a favor or outright denied because it was not applicable.
Something changed in my county last year because after years of refusals, all of a sudden they acted like they wanted to grant my boys 504's. Went into the meeting and they refused DS2 because they said without previous anaphylactic history related to peanut, he didn't qualify. And they fought me tooth and nail on DS1 to the point that I consulted lawyers. We are homeschooling now but I live in fear of them going back to B&M school.