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The guidance is currently under revision to incorporate current versions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA).
Developed with funding from the Centers for Disease Control and Prevention, this new guide is designed to help school leaders and schools establish comprehensive policies and practices that support the safety, well-being, and academic success of students with life-threatening food allergies.
Such determinations are only made on a case-by-case basis. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
This provision covers those children who have food intolerances or allergies, but do not have life-threatening reactions (anaphylactic reactions) when exposed to the food(s) to which they have problems. Persons with disabilities who require alternative means of communication for program information (e.g.
a life-threatening reaction when exposed to the food and/or beverage) when the following two requirements are met: For children with disabilities only requiring modifications in food texture (such as chopped, ground, or pureed), a licensed physician's written instructions indicating the appropriate texture is recommended, but not required.
Child Nutrition Program Sponsors can receive reimbursement for meals without milk if they operate Offer versus Serve (OVS), under which milk or other meal component(s) could be declined by a student.
and School Breakfast Program, make it clear that substitutions to the regular school meal must be made for children who are unable to eat school meals because of their disabilities.