5.07   Medical or Special Dietary Needs

USDA regulations 7 CFR Part 15b require substitutions or modifications in school meals for children whose disabilities restrict their diets. The provisions requiring substitutions for disabled participants also responds to the requirements of Section 504 of the Rehabilitation Act of 1973. (See FNS Instruction 783.2, Rev.2 10/14/94.)

All exceptions must be supported by required medical documentation.  The Florida State Department of Agriculture has provided a form, “Medical Statement to Request Special Meals and/or Accommodations” that can be used.  A participant whose disability restricts his or her diet shall be provided substitutions in foods only when supported by a statement signed by a licensed physician. The medical statement shall identify:

A. The participant's disability and an explanation of why the disability restricts the participant's diet.

B. The major life activity affected by the disability; and

C. The food or foods to be omitted from the participant's diet, and the food or choice of foods that must be substituted. 

In Cases of Food Allergy

Generally, children with food allergies or intolerances do not have a disability as defined under either Section 504 of the Rehabilitation Act or Part B of IDEA, and the school food service may, but is not required to, make food substitutions for them.

However, when in the licensed 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 licensed physician must be made.

Food & Nutrition must maintain on file the medical documentation as required.  To meet the requirement of providing the information regarding foods to be omitted and/or included a cycle menu will be provided for the parent and/or medical authority to indicate what foods the student may have or what foods should be avoided.  The menu needs to be signed by the parent and returned to food & nutrition to also be maintained on file.  There is an ingredient database available for the information on each item offered on the school’s menu.  A link to the database is located on the district website on the food & nutrition page. 

Once the food & nutrition department at the school has the required documentation on file they have the responsibility to provide the foods that the medical authority and/or parent state the student can have from our menu or assure that the student does not choose any that we have been informed are off limits.   

Food & Nutrition cannot provide modified meals until the required documentation is on file.

Reimbursement for meals served with an authorized substitute food may be claimed at the same reimbursement rate as meals that meet the regular meal pattern. However, there must not be an additional charge to the child for the substituted food.  Reference:    7 CFR 15b.26(d)(1)