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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