Schools must make substitutions for students who are considered to have a disability under 7 CFR 15b.3 and whose disability restricts their diet. 7CFR 210.10(m).
The Civil Rights Authorities that pertain to this plan are as follows:
ADA Amendments Act of 2008: Implementation:
The term "substantially limits" requires a lower degree of functional limitation than the standard previously applied by the courts. An impairment does not need to prevent or severely or significantly restrict a major life activity to be considered "substantially limiting." Nonetheless, not every impairment will constitute a disability.
The term "substantially limits" is to be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA.
The determination of whether an impairment substantially limits a major life activity requires an individualized assessment, as was true prior to the ADA.
With one exception ("ordinary eyeglasses or contact lenses"), the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures, such as medication or hearing aids.
An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
In keeping with Congress's direction that the primary focus of the ADA is on whether discrimination occurred, the determination of disability should not require extensive analysis.
The expanded definition of disability:
Major Life Activities:
Major Bodily Functions:
Definition: A change or alteration in policies, practices and procedures to accommodate a disability which will be determined on a case-by-case basis. Program accessibility: ensure all food service areas are accessible, and provide auxiliary aids and services, such as: adaptive feeding equipment, or food service aides.
Integrated Environment
Section 504 contains an integration clause: applies to food allergies and balances safety versus stigma.
**NOTE: Health concerns or preferences that a child eat a specific diet because the parent/guardian believes it is healthier for the child are not disabilities and do not require a modification.**
Modification provided:
Food Allergies:
Many food allergies fall under the definition of disability.
In order to be considered for a meal modification plan, a medical statement is required, which can be completed by any State-licensed healthcare professional. A signed statement from the medical professional is acceptable, OR a form is included in Appendix A of this plan that the medical professional can complete.
Medical statement requirements:
If the medical statement relates to a food allergy, the following are the three essential components:
Food Service Department Role:
Food safety/sanitation, and tracking special circumstances - information shared by
Procurement and Service of Special Meal
Federal regulations governing the operation of Child Nutrition Programs, Part B of the Individuals with Disabilities Education Act, and Section 504 of the Rehabilitation Act of 1973 require that children with disabilities be offered the opportunity to participate in all academic and nonacademic activities including school nutrition programs. The District will make reasonable accommodations to those children whose disabilities restrict their diets, such as providing substitutions or modifications in the regular meal patterns. These meal substitutions will be offered at no extra charge. A student with a disability must be provided substitutions in food when that need is supported by a statement signed by a physician attesting to the need for the substitutions and recommending alternate foods.
However, the school food service is not required to provide meal services (for example, School Breakfast Program) to students with disabilities when the meal service is not normally available to the general student body, unless a meal service is required under the student's individualized education program (IEP) or Section 504 Accommodation Plan as mandated by a physician's written instructions.
Food Substitutions for Nondisabled Students
Though not required, the District will also allow substitutions for non-disabled students who are unable to consume the regular meal because of medical or other special dietary needs if the request is supported by a statement signed by a recognized medical authority.
The District may also allow substitutions for fluid milk with a non-dairy beverage that is nutritionally equivalent (as established by the Secretary of Agriculture) to fluid milk and meets nutritional standards for students who are unable to consume fluid milk because of medical or other special dietary needs if the request is supported by a statement signed by a recognized medical authority or by the student's parent/legal guardian.
This meal modification plan will be available to all parents/guardians on our district website. It will also be provided to any parent upon request made to a teacher or building principal.
Any grievances regarding a meal modification plan can be directed to the SANY District Office at 315-671-5470. A response will be provided, and every attempt will be made to receive a prompt and equitable resolution. If resolution cannot be reached, a parent/guardian may request and participate in an impartial hearing to resolve the grievance, with the opportunity to be represented by counsel and examine the complete record. Upon resolution, the parent/guardian will receive notice of the final decision and procedure for review.
Appendix A: Click here to download Diet Prescription for Meals at School Form
