Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools

Scenario 9 – Unjustified Different Treatment

Ricardo has a peanut allergy. His fourth-grade class is going on a field trip to the local aquarium and Ricardo’s father is told that he must chaperone Ricardo on the trip because the teachers will be very busy and cannot ensure that Ricardo will be protected from exposure to peanuts or peanut products while on the trip, especially during the lunch break. Ricardo’s father cannot go on the field trip because he has to go to work. As a result the teachers tell Ricardo he cannot attend the field trip. Ricardo’s father complains to the principal, noting that no other parent is required to attend the field trip. Should the school have required Ricardo’s father to attend the field trip?

No. In this case, none of the parents of students without disabilities were told that they must attend the field trip; therefore, the school may not require Ricardo’s father’s attendance simply because Ricardo has a disability. Under Section 504, the school is responsible for making it possible for Ricardo to participate in this learning opportunity like his peers, without parental assistance.