Sponsors operating the federal Child Nutrition Programs must ensure children with disabilities have an equal opportunity to participate in the meal programs. The Americans with Disabilities Act (ADA), Section 504, and Departmental Regulations at 7 CFR part 15b define a disability as a physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such an impairment, or being regarded as having such an impairment. According to the ADA, most physical and mental impairments will constitute a disability; a physical or mental impairment does not need to be life-threatening in order to be classified as a disability.
Certain physical or mental impairments require meal modifications that do not follow the required program meal pattern. In a disability situation, meal modifications outside the meal pattern must be supported by a medical statement signed by a State Licensed Healthcare Professional for program operators to receive reimbursement for the meal. When the modification does not meet meal pattern requirements, and therefore a medical statement is required, the medical statement must include: 1) information about the child’s physical or mental impairment that is sufficient to allow the operator to understand how it restricts the child’s diet, 2) an explanation of what must be done to accommodate the child’s disability, and 3) food(s) to be omitted and recommended alternatives (if applicable). A sample medical statement is below.
If a meal modification for a child’s disability can be made within the program meal pattern, a medical statement is not required under USDA regulations. However, local program operators may choose to require a medical statement. In situations where program operators do not obtain a medical statement, record of the child’s meal modification and the actions taken to accommodate it should be kept to safeguard the child.
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