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 MB provides clarification to child nutrition program (CNP) sponsors on the process, requirements, options, and resources for accommodating children, with and without disabilities, who have special dietary needs.
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The Agency may, but is not required to, make food accommodations for these children.
When food allergies result in a severe, life-threatening reaction, a child’s condition would rise to the level of a disability.
This MB applies to agencies and sponsors of School Nutrition Programs (SNP), the Child and Adult Care Food Program (CACFP), and the Summer Food Service Program (SFSP).
For the purpose of this MB, these entities will be collectively referred to as Agencies. Department of Agriculture (USDA) regulations under Title 7, Code of Federal Regulations (7 CFR), sections 15.3(b) and 210.10(m), require substitutions or modifications in the National School Lunch Program and School Breakfast Program for children whose disabilities restrict their diets.
Either medical statement must clearly identify the child’s: The Agency is required to make dietary accommodations, including texture modifications (such as preparing chopped, ground, or pureed foods), when a recognized medical authority provides a medical statement to the Agency for children whose disability restricts their diet.
As defined in 7 Section 210.10(m), an individual who does not have a disability, but is unable to consume a particular food because of a medical or other special dietary condition, is considered to have a special dietary need.
The Americans with Disabilities Act Amendments Act has amended the definition of the term “disability,” broadening it to cover additional individuals.
The list of major life activities has also been expanded to add a new category called major bodily functions.
An individual with a disability is defined as any person who has a physical or mental impairment that substantially limits one or more major life activities or is regarded as having such an impairment.
Major life activities include caring for one’s self, eating, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
This MB contains updated information regarding the definition of a recognized medical professional.