<<Disclaimer: Verify this information before applying it to your situation.>>
I responded to Peggy Smith's original post dated 8/19, and provided some
law information that I found. I raised a couple of more questions to
which I did not know how to obtain the information. Shawn Anderson
personally responded to the questions I raised; therefore, I am
forwarding this information to the list for archival purposes.
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..."
--------------6BBA160C3219
From: "Shawn Anderson" <[log in to unmask]>
Subject: Re: Need Law information on School Lunch Requirements
Date: Fri, 21 Aug 1998 19:04:34 -0800
I'm a paralegal and not a lawyer, so I can't give legal advice. However, I
am glad to give you my thoughts on your question.
The main problem I see right off the bat is that 7 CFR parts 210.10 and
220.8 (which are the the regs governing the school lunch program) use the
term "disability." The term "disability" is not defined anywhere in 7 CFR
part 15b. Rather, part 15b uses the term "handicapped," which is defined in
part 15b.3(i) as "any person who has a physical or mental impairment which
substantially limits one or more major life activities, has a record of such
an impairment, or is regarded as having such an impairment."
The next subsection, 15b.3(j) defines "physical impairment" to mean "any
physiological disorder or condition, cosmetic disfigurement, or anatomical
loss affecting one or more of the following body systems: Neurological;
musculoskeletal; special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; >>digestive<<; genitourinary; hemic and
lymphatic; skin; and endocrine..." (emphasis added)
So my take is that a person with celiac qualified as "handicapped" under 7
CFR part 15b. Does this translate to "disabled" for purposes of 7 CFR parts
210.10 and 220.8? It seems reasonable, and certainly worth arguing about.
I think one of the most helpful of the relevant regulations for your
purposes is 7 CFR part 15b.1, which states the purpose of the regulations on
nondiscrimination on the basis of a handicap.
The entire CFR is available online at
http://www.access.gpo.gov/nara/cfr/cfr-table-search.html. To browse Title
7, scroll down the table and check the Jan. 1, 1998 box for Title 7. Those
are the most current regs. Then scroll to the bottom of the page and click
the "continue" button. You will then get a page that will either allow you
to search for certain terms in Title 7 or scroll through and click on the
specific sections you want to view.
7 CFR part 15b is found at
http://www.access.gpo.gov/nara/cfr/waisidx/7cfr15b.html
Again, this is not legal advice, and if you have problems with the school I
strongly recommend that you seek the advice of an attorney. Good luck!
Shawn Anderson, CLA
Juneau, Alaska
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