food allergies - school nutrition€¦ · ⎻key topic: 1160 special diets/food allergies...
TRANSCRIPT
© COPYRIGHT 2018 SCHOOL NUTRITION ASSOCIATION | #ANC18 | LAS VEGAS, NV
© COPYRIGHT 2018 SCHOOL NUTRITION ASSOCIATION | #ANC18 | LAS VEGAS, NV
Food AllergiesWhat You Need to Know!
© COPYRIGHT 2018 SCHOOL NUTRITION ASSOCIATION | #ANC18 | LAS VEGAS, NV
Presenters
Lauren Marlow MS, RD
Supervisor of Nutrition
Cincinnati Public Schools, OH
Teresa Murray
Civil Rights Division
USDA-FNS
Amber Watson, RD, SNS
Director, Nutrition Services
Marysville Joint USD,
© COPYRIGHT 2018 SCHOOL NUTRITION ASSOCIATION | #ANC18 | LAS VEGAS, NV
• All speakers are employed by school districts or USDA
and have nothing to disclose
Affiliation or Financial Disclosure
© COPYRIGHT 2018 SCHOOL NUTRITION ASSOCIATION | #ANC18 | LAS VEGAS, NV
Federal Policy Overview
5
United States Department of Agriculture
Updated Policy Memorandum:
Modifications to Accommodate Disabilities in
the School Meal Programs
Date Signed: September 27, 2016
Covers School Meal Programs (NSLP, SBP, SMP, & FFVP)
Copy available on FNS website at:http://www.fns.usda.gov/policy-memorandum-modifications-accommodate-disabilities-school-meal-programs
6
United States Department of Agriculture
Disability Definition
I. A person with a physical or mental impairmentthat substantially limits one or more major life activities.
II. A person who has a record of such an impairment.
III.A person who is regarded as having such an impairment.
7
United States Department of Agriculture
ADA Amendments Act of 2008
ADA Amendments Act of 2008 (ADAAA) expanded and clarified the definition of “disability”
➢ A condition need not prevent or severely/significantly restrict a major life activity
➢ Considered without regard to ameliorative effects of mitigating measures
➢ A disability may include an impairment that is episodic or in remission if it would substantially limit a major life activity when active
➢ New category added to major life activities called “Major Bodily Functions” (digestive, respiratory, circulatory, immune system, etc.), covering food allergies
8
United States Department of Agriculture
Reasonable Modification
➢ ADAAA made very clear that the emphasis must be on providing a reasonable modification, not placing a high burden on the disabled person to prove he or she has a disability.
➢ Reasonable Modification = duty to change or alter policies, practices, and/or procedures to accommodate a participant with a disability
➢ Duty to negotiate over modification. Determinations made on a case-by-case basis. The modification provided–
✓ should be related to the disability or limitations caused by the disability
✓ does not have to be the modification requested
✓must (generally) be free of charge
Exception: Modifications are not required that would fundamentally alter the
nature of the program.
9
United States Department of Agriculture
Reasonable Modifications: Key Considerations
• Modifications should be provided in the least restrictive and most
integrated setting possible
• Consider costs/resources and age of the child
• “Stereotypes” regarding certain conditions or individuals can never
drive decisions. Decisions must be based on facts.
• Meal accommodations do not need to mirror the meal or meal item
substituted.
• “Lifestyle” choices (e.g. vegetarian) are not considered disabilities and
need not be accommodated unless related to an underlying disability
10
United States Department of Agriculture
Medical Statement Requirements
➢ Statement provides sufficient information about impairment (Note: diagnosis not required and should not be requested), how it restricts diet, and how to accommodate condition
➢ Seek clarification if statement is inadequate or unclear
➢ Clarification should not unnecessarily delay modification – otherwise, could be characterized as harassment/denial
➢ Need not be written by a physician if State law authorizes others to write prescriptions
➢ Medical Statement may be requested, but is not required for substitutions within meal pattern requirements
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United States Department of Agriculture
Three essential components:
1) The food to be avoided
(allergen)
2) Brief explanation of how
exposure to the food affects
the child
3) Recommended substitute(s)*
Example: Medical Statement Supporting Modification to
Accommodate a Food Allergy
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United States Department of Agriculture
Procedural Safeguards
1. Provide Notice of -
a. Process for requesting modification
b. Decision
c. Procedural rights
2. Opportunity to examine the record and file a grievance;
3. An impartial hearing with parental participation and legal representation (if desired); and
4. A review procedure (avenue for appeal).
© COPYRIGHT 2018 SCHOOL NUTRITION ASSOCIATION | #ANC18 | LAS VEGAS, NV
Panelist Q & A
© COPYRIGHT 2018 SCHOOL NUTRITION ASSOCIATION | #ANC18 | LAS VEGAS, NV
Your Questions?
© COPYRIGHT 2018 SCHOOL NUTRITION ASSOCIATION | #ANC18 | LAS VEGAS, NV
• For More Information
⎻ SNA Food Allergy Management Resources
www.schoolnutrition.org/FoodAllergy
Thank You!
EAR
CONTINUING
EDUCATION
CREDITS
© COPYRIGHT 2018 SCHOOL NUTRITION ASSOCIATION | #ANC18 | LAS VEGAS, NV
• This session provides one (1) CEU
⎻ Key Area: Nutrition - 1000
⎻ Key Topic: 1160 Special Diets/Food Allergies
Professional Standards Code
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