Children with Allergies/Special Dietary Needs

Texas Department of Agriculture

- Child Nutrition Guidelines

In Cases of Food Allergies:
"Generally, children with food allergies or intolerance do not have a disability as defined under either Section 504 of the Rehabilitation Act or Part B of IDEA.  Child Nutrition 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."

In Cases of Children with Other Special Dietary Needs:
Child Nutrition may make food substitutions, at their discretion, for individual children who do not have a disability but who are medically certified as having a special medical or dietary need.  Such determinations are only made on a case-by-case basis.  Proper documentation will be required before any substitutions are made.  In the case of lactose intolerance, the substitution will be lactose-free milk. 

Medical Statement for Children with Special Dietary Needs:
Each special dietary request must be supported by a statement that explains the food substitution that is requested.  It must be signed by a recognized medical authority.  In these cases, recognized medical authorities may include physicians, physician assistants or advanced practice nurses.

The medical statement must include:
* An identification of the medical or other special dietary condition that restricts the child's diet
* The food or foods to be omitted from the child's diet; and the food or choice of foods to be substituted  

In Cases of Children with Disabilities:  (Section 504 of the Rehabilitation Act or Part B of IDEA)
A child with a disability must be provided substitutions in foods when that need is supported by a statement signed by a licensed physician.

Medical Statement for Children with Disabilities:
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 the must be substituted    
  
All allergy information and official medical statements will be kept on file in the school cafeteria and the Child Nutrition Office.  

Please contact your child's school nurse for more information.

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. mail:
   U.S. Department of Agriculture
   Office of the Assistant Secretary for Civil Rights
   1400 Independence Avenue, SW
   Washington, D.C. 20250-9410; or
2. fax:
   (833) 256-1665 or (202) 690-7442; or
3. email:
   program.intake@usda.gov

This institution is an equal opportunity provider.