According to the National School Lunch Program Act, the School Nutrition program is required to follow specific regulations in accommodating special diets for students enrolled in the Winona Area Public Schools.
Generally, children with food allergies or intolerances do not have a disability as defined in any of the Acts or laws, and the school nutrition programs may, but is not required to, make food substitutions for them. However, when food allergies result in severe, life-threatening (anaphylactic) reactions, the child's condition would meet the definition of "disability" and the substitutions prescribed by the licensed, medical physician must be made.
Winona Area Public Schools has adopted the Minnesota Department of Education Special Diet Statement form. If you are requesting any special dietary requests for your child, please take one of the enclosed forms to your family physician to have completed. These forms do not need to be renewed on a yearly basis, but must reflect the child's current needs. Once our office receives any special requests, we will contact you, if necessary, to set up a meeting to discuss your child's needs.
From USDA memo SP26-2017:
Is a food allergy considered a disability?
A food allergy will generally be considered a disability. Under the definition of disability in the ADA, a food allergy does not need to be life-threatening or cause anaphylaxis in order to be considered a disability. A non-life-threatening allergy may be considered a disability and require a meal modification, if it impacts a major bodily function or other major life activity (such as digestion, respiration, immune response, skin rash, etc.).
Is a food intolerance recognized as a disability?
A food intolerance may be considered a disability if it substantially limits a major life activity. For example, if a child’s digestion (a major bodily function) is impaired by gluten intolerance, their condition may be considered a disability regardless of whether or not consuming wheat causes severe distress.”
Also from USDA memo SP 59-2016:
“After the passage of the ADA Amendments Act, most physical and mental impairments constitute a disability. Therefore, rather than focusing on whether or not a student has a disability, schools should focus on working collaboratively with parents to ensure an equal opportunity to participate in the School Meal Programs and receive program benefits.”
Winona Area Public Schools
