<<Disclaimer: Verify this information before applying it to your situation.>> On 8/19, Peggy Smith wrote: "I am trying to work with my 1st grader's school district so that he may have lunch at school each day. I was prepared for this to be a challenge, but evidently not prepared enough. I need help in locating the exact law reference that states that the school must provide his lunch. I believe it is in the Disabilities Act but am not sure. I am not even sure if it is a Federal or a State law. We are in South Carolina. If anyone could help I would appreciate it..." More info has come my way regarding this subject. I sent an e-mail to the FDA regarding certain regulations in question. They sent me a publication in the mail entitled "Accommodating Children with Special Dietary Needs in the School Nutrition Programs, Guidance for School Food Service Staff" published by the U.S. Dept. of Agriculture, Food and Consumer Service, May 1995 It is 61 pages, and easy to read. You may e-mail a request for the document to Janice Schneider <[log in to unmask] Be sure to include your mailing address. To summarize: "USDA regulations require substitutions or modifications in school meals for children whose disabilities restrict their diets. A child with a disability must be provided substitutions in foods when that need is supported by a statement signed by a licensed physician..." "...children with food allergies or intolerances do not have a disability as defined under 7 CFR 15b.3 of USDA's nondiscrimination regulations, and school food authorities may, but are not required to, make substitutions for them. However, when in the physician's assessment, food allergies may result in severe, life-threatening (anaphylactic) reactions, the child's condition would meet the definition of 'disability', and the substitutions prescribed by the physician must be made." Food Allergy is defined as "Hypersensitivity from an abnormal response of the body's immune system to food or food additive(s) that would otherwise be considered harmless..." Food Intolerance is defined as "An adverse food-induced reaction that does not involve the body's immune system. Lactose intolerance is one example of a food intolerance...." Cited as a special need which may or may not involve disability is a case of a child with a life threatening allergy which causes an anaphylactic reaction to peanuts. It is stated "The school has the responsibility to provide a 'safe', non-allergic meal to the child if it is determined that the condition is disabling. To do so, school food service staff must make sure that all food items offered to the allergic child meet prescribed guidelines and are free of foods which are suspected of causing the allergic reaction...This means that the labels or specifications may need to be checked to ensure that they do not contain traces of such substances. In some cases, the labels will provide enough information to make a reasoned judgment possible. If they do not provide an obvious answer, it is the responsibility of the school food service to obtain the necessary information to ensure that no allergic substances are present in the food served...In some cases it may be necessary to contact the supplier or manufacturer...a child may be provided a meal which is equivalent to the meal served to other children, but not necessarily the same meal...Sometimes, it will be advisable to prepare a separate meal 'from scratch' using ingredients that are allowed on the special diet rather than serving a meal using processed foods." Another example cited is a health condition that does not meet the definition of "disability": a child is overweight (but not morbidly so), or the child has elevated blood cholesterol: "The school may make substitutions for children who are not considered to be disabled, but who should avoid certain foods. However, the school is not required to do so. When the school does elect to accommodate these children, it must have a supporting statement signed by a recognized medical authority (as designated by the State agency) on file. In most cases, the dietary needs of such children can be accommodated at the food service site in schools and institutions where a variety of nutritious foods are available for individual choice. In addition, the 'offer versus serve' provision which allows students the option to decline one or two food items in the normal (reimbursable) school meal may be of assistance in accommodating an individual's particular diet." It is also interesting to note that in Appendix F, Health Care Resources, that none of our national celiac organizations are listed. However, there are listings for The American Diabetes Association, Crohn's and Colitis Foundation, Allergy and Asthma Network, Asthma and Allergy Foundation of America, Food Allergy Network, among many others. Maybe if our organizations were referenced in the documentation, the question of whether or not Celiac Disease (allergy or intolerance???) is considered "life threatening" or a "disability" would be more clearly defined in the regulations. Paula in Maine