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Accommodating Disabilities in the School Meal Programs: Guidance and Q&As
Americans with Disabilities Act of 1990 (ADA)
— The Americans with Disabilities Act is Federal legislation enacted to protect persons with disabilities from discrimination. See Title II and Title III legislation for specific areas related to Child Nutrition Programs.
Title II of the Americans with Disabilities Act— Enacted in 1990, Title II requires equal availability and accessibility in State and local government programs and services, including public schools. In this respect, the ADA underscores the statutory prohibition of Section 504 of the Rehabilitation Act of 1973 against discrimination based on disability by programs receiving Federal funding, such as reimbursement under the school meal programs.
Title III of the Americans With Disabilities Act—Title III extends requirements for public accommodations to privately owned facilities. All private schools, child care centers, and family day care homes participating in the federally-funded Child Nutrition Programs must make accommodations to enable children with disabilities to receive meals.
Food Allergen Labeling and Consumer Protection Act of 2004 (Title II of Public Law 108-282)
—To help Americans avoid the health risks posed by food allergens, Congress passed the
Food Allergen Labeling and Consumer Protection Act of 2004
. The law applies to all foods regulated by the Food and Drug Administration (FDA), both domestic and imported, labeled on or after January 1, 2006. (FDA regulates all foods except meat, poultry, and certain egg products.)
Individuals with Disabilities Education Act (IDEA)
—The Individuals with Disabilities Education Act (IDEA) (formerly called Public Law 94-142 or the Education for All Handicapped Children Act of 1975) requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. For eligible children, IDEA requires public school systems to develop appropriate Individualized Education Programs (IEPs). The specific special education and related services outlined in each IEP reflect the individualized needs of each student.
Individualized Education Program
—For a child with a disability, an IEP is a written statement that is developed, reviewed, and revised in accordance with the IDEA and its implementing regulations. The IEP is the cornerstone of the student’s educational program that contains the program of special education and related services to be provided to a child with a disability covered under the IDEA.
Section 504 of Rehabilitation Act of 1973—Section 504 of the Rehabilitation Act of 1973 specifically mandates that: "No otherwise qualified individual with a disability shall solely by reason of his or her disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." This mandate is incorporated in
7 CFR Part 15b, USDA’s nondiscrimination regulations
USDA Regulations (7CFR 210-226)
Child and Adult Care Food Program
National School Lunch Program
School Breakfast Program
Special Milk Program
Summer Food Service Program
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