And maybe this applies more to my son's egg and gluten allergies but I saw a true look of fear in the cafeteria staff's eyes when they asked if he would be eating lunch.  Yes, I know they have to provide him with lunch if I request.  What they cannot guarantee is cross contamination.  Which is why there is no way I would even consider it.  Heck it's hard at my house at dinnertime, I can't imagine cooking lunch for 500 kids and keeping one child's meal safe, kwim?

Trying to find more detail on penalty information as to withholding funds.

http://www.fns.usda.gov/cnd/governance/regulations/7cfr210_09.pdf

Pg 56 or so.

I still cannot find how to request information as to actions taken or funds withheld . . . even if later reinstated.  Would there need to be FOIA request for information of the state governing agency or just direct to the USDA office -- regionally?

Anyone ever try to get any info on funds withheld due to civil rights violation?

A little more to hang on to:


from a special section in USDA FNS Guidance for Accomodating Special Dietary Needs, Page 31


http://www.fns.usda.gov/cnd/guidance/special_dietary_needs.pdf

Situation 4:
A child has a life threatening allergy which causes an anaphylactic
reaction to peanuts. The slightest contact with peanuts or peanut
derivatives, usually peanut oil, could be fatal. To what lengths must the
food service go to accommodate the child? Is it sufficient for the school
food service to merely avoid obvious foods, such as peanut butter, or must
school food service staff research every ingredient and additive in
processed foods or regularly post all of the ingredients used in recipes?
Response:
The school has the responsibility to provide a safe, non-allergic meal to
the child if it is determined that the condition is disabling. To do so,
school food service staff must make sure that all food items offered to the
allergic child meet prescribed guidelines and are free of foods which are
suspected of causing the allergic reaction.
This means that the food labels or specifications will need to be checked
to ensure that they do not contain traces of such substances. In some
cases, the labels will provide enough information to make a reasonable
judgment possible. If they do not provide enough information, it is the
responsibility of the school food service to obtain the necessary
information to ensure that no allergic substances are present in the foods
served.
In some cases, it may be necessary to contact the supplier or the
manufacturer or to check with the State agency. Private organizations,
such as the Food Allergy and Anaphylaxis Network (see Appendix D),
may also be consulted for information and advice. It is also wise to check
with parents about certain foods and even provide them with advance
copies of menus.
The general rule in these situations is to exercise caution at all times. Do
not serve foods to children at risk for anaphylactic reactions, if you do not
know what is in those foods. It is important to recognize that a child may
be provided a meal, which is equivalent to the meal served to other
children, but not necessarily the same meal.
25
Sometimes, it will be advisable to prepare a separate meal "from scratch"
using ingredients that are allowed on the special diet rather than serving a
meal using processed foods.

This may be dup of some of above, but just sticking here son don't lose right now:





These are regs from USDA:

Subpart D. Preschool, Elementary, Secondary, Adult, and Extension Education

Nonacademic services.

(a) General.
(1) Recipients to which this subpart applies shall provide nonacademic and extracurricular services and activities in such a manner as is necessary to afford handicapped students an equal opportunity for participation in such services and activities.

(2) Nonacademic and extracurricular services and activities may include counseling services, physical education and athletics, food services, transportation, health services, recreational activities, special interest groups or clubs sponsored by the recipient, referrals to agencies which provide assistance to handicapped persons, and assistance in obtaining outside employment.

�.

(d) Food services. In providing food services to any of its students, a recipient to which this subpart applies may not discriminate on the basis of handicap.
(1) Recipients shall serve special meals, at no extra charge, to students whose handicap restricts their diet. Recipients may require students to provide medical certification that special meals are needed because of their handicap.

(2) Where existing food service facilities are not completely accessible and usable, recipients may provide aides or use other equally effective methods to serve food to handicapped persons. Recipients shall provide all food services in the most integrated setting appropriate to the needs of handicapped persons as required by � 15b.23(b)

7 C.F.R. � 15b.26

http://www.fns.usda.gov/cnd/guidance/special_dietary_needs.pdf

This doc from USDA reg. students with special dietary needs states:

"Federal civil rights legislation, including Section 504 of the Rehabilitation Act of 1973, IDEA, and Title II of the ADA, requires that in providing for or arranging for the provision of nonacademic services and extracurricular activities, including meals, school districts must ensure that students with disabilities participate along with children without disabilities to the maximum extent appropriate to the needs of students with disabilities.

In general, children with disabilities must be allowed to participate with other children to the maximum extent appropriate. In this way, the child has the opportunity to interact with and learn from children without disabilities. The school must not segregate children with disabilities on the basis of convenience to the school or to other children.

In rare instances, however, it may be to a child's benefit to be served separately. For instance, a child with severe motor disabilities may be able to receive individualized attention in handling eating utensils if a special education specialist is able to work with them outside the cafeteria.

Nevertheless, it must be emphasized that in all cases, the decision to feed children with disabilities separately must always be based on what is appropriate to meet the needs of the children. Schools cannot segregate children with disabilities based on the convenience of the school or other
children."

Big emphasis on "schools cannot segregate children with disabilities based on the CONVENIENCE OF THE SCHOOL OR OTHER CHILDREN." and "...students with disabilities participate along with children without disabilities to the MAXIMUM EXTENT APPROPRIATE to the needs of students with disabilities." and finally, "...requires that in providing for or arranging for the provision of nonacademic services and EXTRACURRICULAR ACTIVITIES, including meals,"<---think food rewards and classroom parties.

USDA Students with Special Dietary Needs.  There's a form on page 34 to have your allergist fill out and give to the school to have your child accommodated.

http://www.fns.usda.gov/cnd/guidance/special_dietary_needs.pdf

Way to check to see if your private school receives any Fed Funds:

http://www2.ed.gov/about/offices/list/ocr/docs/nonpublic.html


Add'l resources from other posts in this thread:

USDA Students with Special Dietary Needs.  Form on page 34 for child's allergist to fill out and give to the school to have child accommodated.

http://www.fns.usda.gov/cnd/guidance/special_dietary_needs.pdf

USDA

Some resources found lately that apply or might be helpful in navigating cafeteria options and other complaint avenues via USDA for those students with food allergies:


Resource List for School Food Service Professionals April 2011
http://www.nal.usda.gov/fnic/pubs/foodservice.pdf


Food Allergies and Intolerances Resource List
for Consumers, December 2010
http://www.nal.usda.gov/fnic/pubs/bibs/allergy.pdf