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Students with Celiac Disease
For most children, school is a place of learning and
socializing. It is important for them to feel safe and
welcome in this environment. Parents face a number of
adjustments when the kids go off to school. Having a
student with celiac disease presents another set of
challenges. Not having control over the food or food
products that the child may
be exposed to can be uncomfortable. While your child
may be ‘out of sight’ you can still survey the landscape
and remove, or limit, the opportunities for
cross-contamination.
In this section, our goal is two-fold. The first is to
ensure that the information on these pages is researched
and accurate. Next, is to provide parents and other
family members with guidelines for navigating the school
setting. Unlike the gluten-free diet which must be
followed, ‘one size’ does not fit all when it comes to
working with teachers, principals, or food service
staff. Only you can decide the best approach based on
the needs of your child and your family.
Children with Disabilities
Section 504
of the Rehabilitation Act of 1973, a federal civil
rights statute, is
designed to prohibit discrimination on the basis of a
disability in an educational
program or institution.
This prohibition extends to any educational institution
accepting federal funds. Students with a disability
under this Act are afforded accommodations and
modifications to their educational program to ensure
equal access. Celiac disease may be
considered a disability under this law.
Public schools and other institutions participating in
federal programs, like the National School Lunch
Program, must provide equal access to and participation
in, such programs. However, a 504 plan is
intended to eliminate barriers that would prevent a
student from full participation in programs or services
which are available to the general school population.
The National School Lunch Program is one of those
programs.
Celiac disease is NOT specifically listed under the
rules of the National School Lunch Program, Section 504, the
Americans with Disabilities Act or its implementing
regulations.
Know Your Rights
The
Department of Education (ED) Office of Civil Rights
regulations define a
physical or mental impairment as any physiological
disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the following
body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary;
hemic and lymphatic; skin; and endocrine; or any mental
or psychological disorder, such as mental retardation,
organic brain syndrome, emotional or mental illness, and
specific learning disabilities. The regulations do not
spell out every disease and condition that may
constitute physical or mental impairments.
Section 504(a) of the Rehabilitation Act of 1973, as
amended;
34
C.F.R. 104.3(j)(2)(i)
and the Americans with Disabilities Act, 1990 (ADA),
Title II regulation at
28
C.F.R. § 35.104.
Major life activities, as defined in the Section 504
regulation, include functions such as caring for one’s
self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working.
Again, this list is not exhaustive.
34
C.F.R. 104.3(j )(2)(ii)
and the ADA, Title II
regulation at
28
C.F.R. § 35.104 . For these purposes,
the ability to learn is the most important.
In order to qualify for special dietary accommodations under the
school lunch program a child will to have his or her
disability documented. How do you do that? This will
depend on the requirements of the school district and
the specific state.
The information
you should have available to school officials includes
documentation stating:
•
The child’s disability
•
Explanation of why the disability restricts the child's
diet;
•
The major life activity affected
•
Foods to be omitted; and
•
The food or choice of foods to be substituted.
In addition, you
will need to have documentation as to how celiac disease
adversely affects the child in the educational setting.
Some states have a
specific form
which must be
completed by the child's physician, while
others will require the physician to detail the
information referenced above in a letter.
The determination of whether a student has a physical or
mental impairment that substantially limits a major life
activity must be made on a case-by-case basis according
to individual school district guidelines.
Though schools may choose to provide GF meals without
such documentation, they are under no obligation to do
so. And in our experience this rarely happens. The
school or state form detailing the child’s disability
and medically prescribed diet may be sufficient to
obtain GF lunches.
National
School Lunch Program
The
National School Lunch Program
(NSLP) is administered by the
Food Nutrition Services,
a division of the U.S. Department of Agriculture. Like
other federal programs, the NSLP prohibits
individuals with disabilities from being excluded from
participation in, or denied the benefits of programs
receiving federal funds from Food and Nutrition
Services. Documentation of the disability would be
the same as noted previously. However,
policies differ among school
districts and school divisions and a 504 plan may also
be required.
Section 504 Plans
Section 504
refers to the part of the Rehabilitation Act of 1973
that prohibits discrimination based upon disability.
This section of the civil rights statute requires the
needs of students with disabilities to have equal access to
programs and services as those who are not disabled.
A 504 plan
addresses more than just gluten-free meals, it
outlines a plan of services for students
in the general education setting. It identifies
reasonable
accommodations to help the child succeed in the
classroom. For a student with celiac disease a
504
accommodation plan would address:
•
Objectives and goals of the plan
•
Meals and snacks
•
Bathroom access
•
Classroom activities (art projects)
•
Field Trips / extracurricular activities
•
Communication
•
Emergency evacuations / shelter-in-place
•
Parental notification
•
Emergency contacts
The ACDA has prepared a
model 504 plan
in conjunction with the Disability Rights
Education and Defense Fund (DREDF). A family has shared
the
plan currently in
place
for their child with celiac disease.
The plan also provides accountability. If the school
fails to meet the requirements of the plan there are
procedures to see that it is enforced. In the absence
of a 504 plan, there may be no documentation of the school’s
responsibility to meet the student’s needs.
Parents often raise concerns about their child being
labeled as ‘disabled’ and whether it will be included in
student records. The
Family Education
Rights and Privacy Act of 1974
(FERPA),
bars information relating to a child's disability from
being included on a student's transcripts. The
law also states that specific student
information and records may be shared with school
personnel only under certain need to know circumstances.
Requesting a 504 Plan
The process starts with the parent or guardian
contacting their child’s school and requesting a 504
evaluation. These words, “I am requesting a 504
evaluation for my son / daughter,” sets a process in
motion which has specific requirements which must be
met. Once the evaluation request is made a meeting will
be scheduled. Parents are notified of the meeting, but
their participation is not required. A
multidisciplinary team may be comprised of the principal, a
counselor, nurse, and teacher (it may include others)
review the request and determine whether or not the
child qualifies for a 504 plan, if so, the team will
then draft the plan.
After the plan is in place, it will be subject to annual
review, and can be revised if necessary.
State Resources
Many states have information on their website about
accommodating students with special dietary needs,
others may refer exclusively to the USDA document
"Accommodating
Children with Special Dietary Needs in School Nutrition Programs."
|
State |
Physician Form |
Other Guidance |
Notes |
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Alaska |
X |
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Arizona |
X |
X |
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California |
X |
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Colorado |
X |
X |
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Connecticut |
X |
X |
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Hawaii |
X |
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Idaho |
X |
X |
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Illinois |
|
X |
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Indiana |
X |
X |
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Iowa |
|
X |
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Iowa |
|
X |
See Slide 9 |
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Kentucky |
X |
X |
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Louisiana |
|
X |
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Maryland |
|
X |
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Massachusetts |
|
X |
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Michigan |
X |
X |
See page 16 |
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Minnesota |
X |
X |
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Mississippi |
X |
X |
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Missouri |
X |
X |
See page 34 |
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Nebraska |
X |
X |
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Nevada |
|
X |
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New Hampshire |
X |
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New Mexico |
X |
X |
See page 12 |
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New York |
|
X |
See page 13 |
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North Carolina |
X |
X |
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North Dakota |
X |
X |
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Ohio |
|
X |
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Oklahoma |
|
X |
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Oregon |
X |
X |
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Pennsylvania |
X |
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South Dakota |
X |
X |
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Tennessee |
X |
X |
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Texas |
X |
X |
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Utah |
|
X |
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Virginia |
X |
X |
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Washington |
|
X |
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West Virginia |
X |
X |
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Wisconsin |
X |
X |
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State Agencies Administering Child Nutrition
Programs |
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