Food Allergies and Colleges and Universities

Q: My son needs an accommodation from the college where he is applying, as he has food allergies and does not want to use their meal plan. The school says the committee will not meet to see if they can approve the accommodations until we put down a non-refundable deposit. Can they do this?

A: Under the Americans with Disabilities Act (ADA), a public accommodation cannot place a surcharge on people with disabilities to cover costs of accommodations. The school’s requirement of putting down a deposit before they approve or deny an accommodation could be seen as a surcharge and could potentially be a violation of the ADA.