THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Office for Elementary, Middle, Secondary and Continuing Education
School Operations and Management
Child Nutrition Program Administration
Room 55, Albany, New York 12234-0055
Tel (518) 474-3956 Fax (518) 473-0018
Web address: www.nysed.gov/cn/cnms.htm

                                                                                           

To: School Food Service Directors/Managers
 
From:
 
Frances O'Donnell
 
Date:
 
October, 2005
 
Subject: Medical or Dietary Needs in the Special Milk Program

    Schools must make medical or dietary needs provisions for substitution of foods for children whose disability restrict their diets, contained in the National School Lunch and School Breakfast Program regulations.  This also applies to the Special Milk Program (SMP).

    The Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Department of Agriculture's (USDA) nondiscrimination regulations 7CFR-15b apply to all of the Child Nutrition Programs.  USDA regulations require substitutions or modifications in school meals, including the SMP for children who are considered to have a disability under 7CFR-15b and whose disability restricts their diets.  A child with a disability must be provided substitutions when a statement signed by a licensed physician supports that need.  In the case of the SMP, schools may receive reimbursement for beverages listed on the physician's statement as appropriate substitutions for milk.