Definition of accomodating
An IEP does not supersede the recognized medical authority’s written medical statement.
Department of Agriculture Policy Memoranda SP 36-2013, CACFP 10-2013, SFSP 12-2013: Guidance Related to the Americans With Disabilities Act Amendments Act, and SP 32-2015, SFSP 15-2015, CACFP 13-2015: Statements Supporting Accommodations for Children with Disabilities in the Child Nutrition Programs Subject: Guidelines for Accommodating Children with Special Dietary Needs in Child Nutrition Programs This Management Bulletin (MB) supersedes California Department of Education (CDE) MB CNP-07-2014: Guidelines for Accommodating Children with Special Dietary Needs in Child Nutrition Programs, issued in June 2014.The Agency is required to accommodate the prescribed diet ordered by a recognized medical authority.The USDA requires that a written medical statement be completed to ensure that a child’s modified meal is reimbursable and that any meal modifications meet nutrition standards that are medically appropriate.However, the Agency must ensure that the accommodation is supported by a written medical statement or completed Medical Statement form signed by a licensed physician, a physician assistant, or a nurse practitioner.The medical statement must clearly identify the child’s: Generally, children with food allergies or intolerances do not have a disability as defined under Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act, Part B.These include: functions of the immune system, normal cell growth, along with digestive, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, and reproductive functions.
The Agency must provide food substitutions to a child with a disability when the need for a substitution is supported by a written medical statement or completed CDE Medical Statement form that is signed by a licensed physician, a physician assistant, or a nurse practitioner.
The CDE permits the following state licensed healthcare professionals to complete and sign a written medical statement for a disability determination: licensed physicians, physician assistants, or nurse practitioners.
California does not recognize other medical authorities as authorized to sign a written medical statement to determine a child’s diet.
This will protect the Agency from liability and minimize misunderstandings with households.
Under no circumstance is an Agency to revise or change a recognized medical authority’s diet prescription or medical order.
Physician assistants and nurse practitioners both work under the direction of a licensed physician.