IDEA and Kids with Special Dietary Needs

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The U.S. Department of Agriculture’s (USDA) nondiscrimination regulation (7 CFR 15b), as well as the regulations governing the National School Lunch Program 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.

These regulations require substitutions or modifications in school meals for children whose disabilities restrict their diets.

USDA has a Guidance Manual “Accommodating Children with Special Dietary Needs in the School Nutrition Programs”.  It explains the school food service role in providing meals to students with special dietary needs. The Guidance Manual can be found at http://www.fns.usda.gov/school-meals/guidance-and-resources.

Nutrition Services under an IEP

The guidance addresses IDEA 2004 and the ADA and makes it clear that if a student has a documented disability that restricts their diet, the school food service department must make the substitutions as listed by a licensed physician on a medical statement form.

The physician’s statement must identify:

  • the child’s disability
  • an explanation of why the disability restricts the child’s diet
  • the major life activity affected by the disability
  • the food or foods to be omitted from the child’s diet, and the food or choice of foods that must be substituted

If your child’s IEP includes a nutrition component, the school is required to offer special meals, at no additional cost, if your child’s disability restricts her diet. When nutrition services are required under a child’s IEP, school officials need to make sure that school food service staff is involved early on in decisions regarding special meals.  It would be wise to include food service staff on the IEP Team.

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