Title: Guidance for Accommodating Children with Special Dietary Needs in the School Nutrition Programs
1- Guidance for Accommodating Children with
Special Dietary Needs in the School Nutrition
Programs - Presented by The NH Department of Education,
Bureau of Nutrition Programs and Services - Judy Gosselin
- Elaine VanDyke
- School Food Service Directors
- Meagan Bizzarro, RD, LD
- FSD Joyce Liebl, RD,LD FSD Pat
Laska, RD - FSD Cheri White, MS
-
- Child Health Services
- Nutrition Feeding and Swallowing Program
- Honey Weiss, MS,RD,LD
- Judith Mikami, CCC,SLP
-
2Rehabilitation Act of 1973
- Prohibits discrimination against qualified
persons with disabilities in the programs or
activities of any agency of the federal
governments executive branch or any organization
receiving federal financial assistance.
3Federal Laws that Guide the Child Nutrition
Programs
- IDEA-Requires a free and appropriate public
education be provided for children with
disabilities aged 3-21. - IDEAIndividuals with Disabilities
Education Act - ADA- Broadens and extends Civil Rights
protections for approximately 50 million
Americans with disabilities.
ADAAmericans with Disabilities Act
4USDA Law 7-CFR 15b 210 USDA Non-discrimination
and National School Lunch/Breakfast regulations
- Clearly defines that substitutions to the regular
meal MUST be made for children who are unable to
eat school meals because of their disabilities,
when that need is certified by a physician. - The information is documented by a licensed
physician using the Special Meals Prescription
Form.
5Tools to Use for Implementing the Laws
- The written document that contains the program of
special education and related services to be
provided to a child with a disability covered
under IDEA. - IEP- Individualized Education Program/Plan
- This is the correct tool for required nutrition
services when the child also has an educational
disability. - The written document that contains the services
to be provided to a child with a disability. - Section 504 Plan- a format for non-educational
disabilities - This is the correct tool for required nutrition
services when there is a disability but no
educational disability. - School officials must ensure that school food
service staff are involved at the incept of the
nutrition services requirements
6Special Meals Prescription Form
- The Statement must identify
- The childs disability and an explanation of why
the disability restricts the childs diet. - The major life activity affected by the
disability. - The food or foods to be omitted from the childs
diet. - The food or choice of foods that must be
substituted.
7Food Allergies vs Disabilities
- Children with food allergies or intolerances
generally do not have a disability. - However, when a physicians prescription
indicates food allergies MAY RESULT in severe,
life-threatening (anaphylactic) reactions, the
condition is adisability and the substitutions
prescribed by the physician must be made.
8School Food AuthorityResponsibility
- The SFA is responsible for ensuring that the
benefits of the National School Lunch Program are
made available to all children including children
with disabilities. - A. What are the school food service
responsibilities? - B. Where and how can funds be found and accessed?
- C. Who can provide more information and technical
assistance?
9A. School Food Service Responsibilities
- Staff must make food substitutions or
accommodations for students with disabilities. - Substitutions for students with disabilities must
be documented by the physician on the Special
Meals Prescription Form. - Encouraged but not required to provide food
substitutions or accommodations on a case by case
basis for other children with medically certified
special dietary needs. - Under no circumstances are school food service
staff to revise or change a special Meals
Prescription Form or medical order.
10Providing Special Meals to Children with
Disabilities
- The SFA is required to offer special meals at no
additional cost to children with defined
disabilities. - A nutrition component in the IEP requires the
involvement of the appropriate food service
staff. - The school food service is not required to
provide meal services to children with
disabilities when the meal service is not
normally available to the general student body,
unless the food service is require under the IEP.
- (Such as when no meals are served to
Kindergarten students because they are not in the
school during meal service, then Special Dietary
Meals are not required if school is closed for
any reason and the general student body is not in
attendance then no meals will be provided).
11Menu Modifications
- Children with disabilities who require changes to
the basic meal are required to provide a Special
Meals Prescription Form completed by a licensed
physician. - Special Meals should be reflected on the
production record. - School food service staff must follow the
instructions that have been prescribed.
12Serving Special Dietary Needs of Children without
Disabilities
- Children who have special health needs that
require dietary modifications may request that a
school food service meet their needs. - Case by case consideration.
- A licensed physician must document the Diet
orders. - Schools are not required by law to make meal
modifications due to personal opinions regarding
healthy diets.
13B. Funding Sources
- Price of Meals
- Meals must be served free or at a reduced price
to all qualified children. - Schools may not charge children with disabilities
or with certified special dietary needs who
require food substitutions or modifications more
than they charge other children for program meals
or snacks.
14Additional Fund Resources
- Most expenses should be able to be absorbed by
Food Service for the cost of making meal
modifications. - However, the cost may be so high that alternative
sources of funding should be sought. These other
funds may be - General Fund
- IDEA Funds
- Medicaid- Title XIX Medicare
- Social Security Income
- Maternal and Child Health Services Block Grants
Title V
15Local State Contacts
- STATE CONTACTS
- Department of Education
- ? Bureau of Nutrition Programs and
- Services 603-271-3646
- Catastrophic Illness Program
- ? 603-271-4518
- NH Dietetic Association
- ? http//www.eatrightnh.org
- State DHHS Title V Director
- ? Maternal and Child Health
- ? Children with Special Health Care Needs
- Child and Family Service
- ? Child Health Services
- Nutrition, Feeding and Swallowing Program
- 603-606-5456
- LOCAL CONTACTS
- The local school ADA coordinator
- The school nurse
- Occupational and physical therapists
- Local registered dietitian
16Legal Concerns and Liability
- What you may care to discuss!
- The School Food Authoritys responsibility for
providing program accommodations for children
with disabilities. - 2. Personal responsibility in cases of
negligence.
17Legal Citations
- Individuals with Disabilities Education Act
(IDEA). - Title II- equal and accessibility in state and
local government programs and services. - Title III- extends accommodation requirements to
privately owned facilities. - Title V- Section 504- Rehabilitation Act of 1973.
- 7 CFR- 15(b)3 7 CFR 210.
- FCS Instruction 783-2 Revision 2- Meal
Substitutions for Medical or Other Special
Dietary Reasons.
18Personal Responsibility in cases of Negligence
- School Food Authorities must ensure that both
facilities and personnel are adequate to provide
necessary services - It may be advisable for specially trained
personnel to provide guidance to the school
nutrition staff. - It may be necessary to have a nurse or health
aide feed or assist the child. - Who will feed the child is a local decision
- Food Service is responsible for providing the
necessary foods however, it is not the specific
responsibility of the food service staff to
physically feed the child. - Schools should note that they could be held
liable if persons without sufficient training are
performing tasks or activities prescribed by a
licensed physician.
19Questions and Resources
- Resource List
- http//www.education.nh.gov/program/nutrition/inde
x.htm - http//www.foodallergy.org
- Questions
- Bureau of Nutrition Programs and Services
- 603-271-3646
- Child Health Services-
- 603-606-5456