Ensuring Accessibility in Community Meals Programs for Individuals with Disabilities
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1
Age
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da
2
1.
Civil Rights
- Legal
and Program
Authorities
2.
Disability
Laws
3.
Disability
Definitions
4.
Reasonable
Modifications
5.
Fundamental
Alteration
6.
Food Allergies
7.
Program
Accessibility
8.
Integrated Environment
9.
Medical
Statements
10.
Implementation and
Compliance
11.
Procedural
Safeguards
Civil Rights Program
Authorities
3
Title VI of the Civil Rights
Act
of
1964
Civil Rights Restoration
Act
of
1987
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Title IX of the Education Amendments of
1972
Age
Discrimination
Act
of
1975
Civil Rights Program Authorities
(cont’d)
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7
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Executive Order 13166 –
(LEP)
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USDA
Departmental Regulation 4330-2
And
many
more…
Disability
Law
5
Legal Framework: Section 504,
ADA,
implementing regulations and policy
guidance
Duty to Provide Reasonable Modifications:
understand & accept that (sometimes) providing
modifications is
nebulous
Relationship between Section 504 and the
ADA
(Titles II & III) in light of the Americans with
Disabilities
Act
Amendments
Act
Coverage of
All
Operations
6
Even
one dollar
of Federal money brings
the
entire
scope
of the operations within
the
jurisdiction of Section 504, even where
the
requested modification
is
not related to
the
part of the operations that receives Federal
money.
ADA
Amendments Act of
2008
7
CLARIFIED
the
definition
of
Disability.
DID
NOT
change the expectation to provide a
Reasonable
Modification.
DID make very clear that the
emphasis
must be
on providing the reasonable modification, and
the disabled person does not carry a high
burden of
‘proving’
he or she has a
disability.
Disability
Definition
8
I.
A person
with
a
physical
or
mental
impairment
that
substantially limits
one or more
major
life
activities
.
II.
A person who has a
record
of
such
an
impairment.
III.
A person who is regarded
as
having such
an
impairment.
Clarified Definition of
Disability
R
e
v
i
s
e
d
“
S
u
b
s
t
a
n
t
i
a
l
l
y
L
i
m
i
t
s
”
9
•
Need not prevent, or severely/significantly
restrict a major life
activity
•
Individualized
assessment
•
Without regard to ameliorative effects of
mitigating
measures
•
May include an impairment that is episodic or in
remission if it would substantially limit a major life
activity when active
M
a
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r
L
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f
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A
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s
Seeing,
hearing,
Walking
Speaking, learning, reading
Eating
Breathing, etc.
M
a
j
o
r
B
o
d
i
l
y
F
u
n
c
t
i
o
n
s
Digestive
Immune
system
Respiratory
Circulatory
Neurological/Brain, etc.
Clarified Definition of
Disability
10
New Category of
New Category of
Major Life Activities
Major Life Activities
Types of Disability
Discrimination
•
Discrimination because of the
disability
•
Denying
benefits or opportunity
to
participate
•
Segregating
individuals
with
disabilities
•
Aiding,
perpetuating or contracting with others that
discriminate
•
Failure to provide
a
reasonable
modification
•
Ineffective
Communication
•
Inaccessible
Facilities
11
Guidance:
Modifications to
Accommodate Disabilities
in
the
Child
and
Adult Care
Food
Program
and
Summer
Food
Service
Program
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12
Reasonable Modifications
13
•
A change or alteration in policies, practices, and
procedures to accommodate a
disability
•
Duty to negotiate over modification. This means
simply saying “no” is almost never
appropriate.
•
Providing appropriate modifications – not
ferreting out whether the participant has a
disability or any possible abuse of the process –
is the
primary
objective
•
On
a case-by-case
basis
Reasonable Modifications
cont.
14
The modification
provided–
•
should be related to the disability or limitations
caused by the
disability
•
does
not
have to be the modification
requested
•
must (generally) be free of
charge
•
should be implemented even where the person
requesting modification believes more should be
done
Reasonable Modifications: Key
Considerations
•
Consider costs/resources and
ability
of the
participant
•
“Stereotypes” regarding
certain
conditions or
individuals
can never
drive
decisions. Decisions
must
be based on
facts.
•
Meal accommodations do not need
to mirror
the meal
or meal
item
substituted.
•
“Lifestyle”
choices
(e.g.
vegetarian) are not
considered
disabilities
and need not be
accommodated unless
related to
an underlying
disability
15
Fundamental
Alteration
Modifications are
not
required that would
fundamentally alter the
nature
of the
program.
If
the
modification requested would cause
undue
financial
burden on
the
program or
activity
that
would make continued operation of
the
Program
unfeasible,
the
modification need not
be
provided.
Note: Denying
a
modification(s) under
the
fundamental alteration exception should
not result in
the
denial of access
to the
program or other benefits or
services.
State Agencies are advised
to
consult with
FNS
before relying on this
exception.
16
Food
Allergies
17
•
•
Many food allergies fall under the definition
of
disability clarified by the
ADA
Amendments Act
(ADAAA).
•
According to the
CDC:
“In the United States,
the
following eight foods or food groups account for
90%
of serious allergic reactions: milk, eggs,
fish,
crustacean shellfish, wheat, soy, peanuts, and tree
nuts.”
•
Applies to much more than just “life threatening”
allergic
reactions
•
“Digestive” and “Respiratory” functions are
specifically listed in the
ADAAA
Food Allergies:
Key
Considerations
Universal exclusions of specific foods or
food
groups
is
not an
FNS
policy, but
could
be
appropriate depending on the circumstances,
and
is
within the discretion of
recipients
Program operators
should
consider their ability
to
consistently maintain
an
allergen-free
facility
18
Program
Accessibility
19
Ensure food service areas are accessible
Provide auxiliary aids and services, if
needed.
Examples
include-
Food service
aides
Adaptive feeding
equipment
Meal tracking
assistance
Other effective
methods
Integrated
Environment
20
•
Integration
clause
in
Section 504
means
that individuals with disabilities
should
be
accommodated
in
the least restrictive and
most integrated setting
possible.
•
In the food allergy context, this most
often
comes into play where participants
with
food allergies are ostracized
in
some way
during meal
time.
•
Providers must always balance safety
vs.
stigma. Age, ability and severity of allergy
are the primary
considerations.
Medical Statement
Requirements
21
•
Statement provides sufficient information about impairment
(diagnosis not required and should not be requested), how
it
restricts diet, and how
to
accommodate
condition
•
Seek clarification
if
inadequate or
unclear
•
Clarification should not unnecessarily delay modification
– it
could be characterized as
harassment/denial
•
Need not be from
a
physician
if
State law authorizes others
to
write
prescriptions
•
Cannot request medical
records/charts
•
Medical Statement may be requested, but
is
not required for
substitutions within meal pattern
requirements
1)
The food to be avoided
(allergen)
2)
Brief explanation of how exposure to the
food affects the participant
3)
R
eco
mm
ended substitute(s)*
Example: Medical Statement
Supporting
Modification to Accommodate
a
Food
Allergy
Three essential components:
22
Implementation
&
Compliance
23
1.
Develop
procedures
for parents/guardians,
participants and their
representatives to
request
reasonable
modifications
2.
Train
staff
and volunteers on
reasonable
modification
procedures
and legal
requirements
3.
Appoint a person
to
provide technical
assistance on
reasonable
modification
matters
4.
*Assemble a
Team
to
implement guidelines
and
render decisions on modification
requests
*
Rec
o
mmended
Procedural
Safeguards
24
1.
Provide
Notice
(in appropriate languages and formats) of
-
a.
Process for requesting
modification
b.
Decision
in
writing
c.
Nondiscrimination and accessible
services
d.
Location of accessible
facilities
2.
In
addition, Program operators with 15 or more employees
must
–
a.
designate
a
Section 504 Coordinator;
and
b.
establish
a
grievance procedure
to
promptly and fairly
resolve
complaints.
Office of Child Nutrition
www.cn.nysed.gov
Email:
cntraining@nysed.gov
with questions
Contact
Information
25
This comprehensive guide covers the modifications and accommodations necessary to support individuals with disabilities in community meals programs. It outlines civil rights laws, disability definitions, reasonable modifications, and the legal framework under Section 504 and the ADA. Emphasis is placed on the duty to provide reasonable modifications, the relationship between Section 504 and the ADA, and the coverage of all operations under Section 504 jurisdiction.
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Presentation Transcript
MODIFICATIONS TO ACCOMMODATE INDIVIDUALS WITH DISABILITIES IN COMMUNITY MEALS PROGRAMS 1
Agenda 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Implementation and Compliance 11. Procedural Safeguards Civil Rights - Legal and Program Authorities Disability Laws Disability Definitions Reasonable Modifications Fundamental Alteration Food Allergies Program Accessibility Integrated Environment Medical Statements 2
Civil Rights Program Authorities Title VI of the Civil Rights Act of 1964 Civil Rights Restoration Act of 1987 Section 504 of the Rehabilitation Act of 1973 Americans with Disabilities Act (ADA) of 1990 ADA Amendments Act of 2008 Title IX of the Education Amendments of 1972 Age Discrimination Act of 1975 3
Civil Rights Program Authorities (contd) 7 Parts 15, 15a, 15b and 15c FNS 113-1 and its Appendices Executive Order 12250 (Disability) Executive Order 13166 (LEP) 28 CFR 41 (Government-wide 504 Regulation) USDA Departmental Regulation 4330-2 And many more 4
Disability Law Legal Framework: Section 504, ADA, implementing regulations and policy guidance Duty to Provide Reasonable Modifications: understand & accept that (sometimes) providing modifications is nebulous Relationship between Section 504 and the ADA (Titles II & III) in light of the Americans with Disabilities Act Amendments Act 5
Coverage of All Operations Even one dollar of Federal money brings the entire scope of the operations within the jurisdiction of Section 504, even where the requested modification is not related to the part of the operations that receives Federal money. 6
ADA Amendments Act of 2008 CLARIFIED the definition of Disability. DID NOT change the expectation to provide a Reasonable Modification. DID make very clear that the emphasis must be on providing the reasonable modification, and the disabled person does not carry a high burden of proving he or she has a disability. 7
Disability Definition I. A person with a physical or mental impairment that substantially limits one or more major life activities. II. A person who has a record of such an impairment. III.A person who is regarded as having such an impairment. 8
Clarified Definition of Disability Revised Substantially Limits Need not prevent, or severely/significantly restrict a major life activity Individualized assessment Without regard to ameliorative effects of mitigating measures May include an impairment that is episodic or in remission if it would substantially limit a major life activity when active 9
Clarified Definition of Disability New Category of Major Life Activities Major Life Activities Seeing, hearing, Walking Speaking, learning, reading Eating Major Bodily Functions Digestive Immune system Respiratory Circulatory Breathing, etc. Neurological/Brain, etc. 10
Types of Disability Discrimination Discrimination because of the disability Denying benefits or opportunity to participate Segregating individuals with disabilities Aiding, perpetuating or contracting with others that discriminate Failure to provide a reasonable modification Ineffective Communication Inaccessible Facilities 11
Guidance: Modifications to Accommodate Disabilities in the Child and Adult Care Food Program and Summer Food Service Program Date Issued: June 22, 2017 Covers CACFP and SFSP Copy available on FNS website at: https://www.fns.usda.gov/modifications- accommodate-disabilities-cacfp-and-sfsp 12
Reasonable Modifications A change or alteration in policies, practices, and procedures to accommodate a disability Duty to negotiate over modification. This means simply saying no is almost never appropriate. Providing appropriate modifications not ferreting out whether the participant has a disability or any possible abuse of the process is the primary objective On a case-by-case basis 13
Reasonable Modifications cont. The modification provided should be related to the disability or limitations caused by the disability does not have to be the modification requested must (generally) be free of charge should be implemented even where the person requesting modification believes more should be done 14
Reasonable Modifications: Key Considerations Consider costs/resources and ability of the participant Stereotypes regarding certain conditions or individuals can never drive decisions. Decisions must be based on facts. Meal accommodations do not need to mirror the meal or meal item substituted. Lifestyle choices (e.g. vegetarian) are not considered disabilities and need not be accommodated unless related to an underlying disability 15
Fundamental Alteration Modifications are not required that would fundamentally alter the nature of the program. If the modification requested would cause undue financial burden on the program or activity that would make continued operation of the Program unfeasible, the modification need not be provided. Note: Denying a modification(s) under the fundamental alteration exception should not result in the denial of access to the program or other benefits or services. State Agencies are advised to consult with FNS before relying on this exception. 16
Food Allergies Many food allergies fall under the definition of disability clarified by the ADA Amendments Act (ADAAA). According to the CDC: In the United States, the following eight foods or food groups account for 90% of serious allergic reactions: milk, eggs, fish, crustacean shellfish, wheat, soy, peanuts, and tree nuts. Applies to much more than just life threatening allergic reactions Digestive and Respiratory functions are specifically listed in the ADAAA 17
Food Allergies: Key Considerations Universal exclusions of specific foods or food groups is not an FNS policy, but could be appropriate depending on the circumstances, and is within the discretion of recipients Program operators should consider their ability to consistently maintain an allergen-free facility 18
Program Accessibility Ensure food service areas are accessible Provide auxiliary aids and services, if needed. Examples include- Food service aides Adaptive feeding equipment Meal tracking assistance Other effective methods 19
Integrated Environment Integration clause in Section 504 means that individuals with disabilities should be accommodated in the least restrictive and most integrated setting possible. In the food allergy context, this most often comes into play where participants with food allergies are ostracized in some way during meal time. Providers must always balance safety vs. stigma. Age, ability and severity of allergy are the primary considerations. 20
Medical Statement Requirements Statement provides sufficient information about impairment (diagnosis not required and should not be requested), how it restricts diet, and how to accommodate condition Seek clarification if inadequate or unclear Clarification should not unnecessarily delay modification it could be characterized as harassment/denial Need not be from a physician if State law authorizes others to write prescriptions Cannot request medical records/charts Medical Statement may be requested, but is not required for substitutions within meal pattern requirements 21
Example: Medical Statement Supporting Modification to Accommodate a Food Allergy Three essential components: 1) The food to be avoided (allergen) 2) Brief explanation of how exposure to the food affects the participant 3) Recommended substitute(s)* 22
Implementation & Compliance 1. Develop procedures for parents/guardians, participants and their representatives to request reasonable modifications 2. Train staff and volunteers on reasonable modification procedures and legal requirements 3. Appoint a person to provide technical assistance on reasonable modification matters 4. *Assemble a Team to implement guidelines and render decisions on modification requests *Recommended 23
Procedural Safeguards 1. Provide Notice (in appropriate languages and formats) of - a. Process for requesting modification b. Decision in writing c. Nondiscrimination and accessible services d. Location of accessible facilities 2. In addition, Program operators with 15 or more employees must a. designate a Section 504 Coordinator; and b. establish a grievance procedure to promptly and fairly resolve complaints. 24
Contact Information Office of Child Nutrition www.cn.nysed.gov Email: cntraining@nysed.gov with questions 25
