Nutrition Services

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. mail:
   U.S. Department of Agriculture
   Office of the Assistant Secretary for Civil Rights
   1400 Independence Avenue, SW
   Washington, D.C. 20250-9410; or
2. fax: (833) 256-1665 or (202) 690-7442; or
3. email: [email protected]

This institution is an equal opportunity provider.

 

SFA Civil Rights Complaints Policy, Process, and Procedure

Abby Kelley Foster Charter Public School is committed to a policy of equal opportunity, non-discrimination, and diversity. The School does not discriminate on the basis of race, color, religious creed, national origin, sex, ancestry, sexual orientation, as defined by law, or on the basis of age, as defined by law, disability, gender identity, genetic information, veteran’s status, military service or application for military service. The School is committed to providing a working and learning environment for our students, employees, and other members of the School community that values the diverse backgrounds of all people and is free from all forms of civil rights discrimination and unlawful conduct that is coercive, disruptive, retaliatory or harassing, including sexual harassment. The School expressly prohibits all persons, including employees and students, from engaging in any form of unlawful civil rights discrimination, discriminatory harassment or retaliation against another person. All complaints of discrimination, discriminatory harassment, and retaliation will be dealt with promptly through the procedures outlined below, as applicable. Where it is determined that inappropriate conduct has occurred, the conduct will be eliminated, and such corrective action as is necessary, including disciplinary action where appropriate, will be imposed. Abby Kelley Foster Charter Public School will comply with the Civil Rights Requirements outlined in FNS Instruction 113-1 and the 2016 Memorandum of Understanding between United States Department of Agriculture Food and Nutrition Service Civil Rights Division and the Massachusetts Department of Elementary and Secondary Education, Office for Food and Nutrition Programs. If a participant, parent/guardian, or potential participant reports a concern that involves a federally or state-protected class we will inform, accept, document, and share the complaint or concern in accordance with the procedures outlined here.

1. Duty to Report:

No member of the School community who receives a complaint of discrimination, discriminatory harassment, including sexual violence, or retaliation can ignore it; s/he must give to the person making the complaint as much assistance in bringing it to the attention of AnnMarie Little (508) 854-8400 ext. 3625, [email protected], as is reasonably appropriate given his/her position at the School and relationship with the person making the complaint. Any manager, supervisor, administrator, principal, Executive Director, or trustee who receives a complaint of civil rights discrimination, discriminatory harassment, including sexual violence or retaliation from a student or other member of the School community, is obligated to report the complaint to AnnMarie Little as soon as s/he becomes aware of it. Similarly, all students and family members, faculty, staff, and others having dealings with the School are encouraged to report to AnnMarie Little any conduct of which they have direct knowledge and which they, in good faith, believe constitutes discrimination, discriminatory harassment, including sexual violence, or retaliation in violation of this Policy. 29 Any member of the School community who has a question about his/her responsibilities regarding discrimination or receipt of complaints should contact AnnMarie Little.

• All individuals can file a complaint within 180 days of the alleged incident*. Complaints can be received written, verbal, or anonymously (complaint forms are available in this binder but can also be found online at USDA’s Office of the Assistant Secretary for Civil Rights. *Please note that we cannot accept a complaint about an incident that took place more than 180 days prior to the filing of your complaint. If the discrimination occurred more than 180 days prior to filing your complaint, you may request a waiver of the filing requirement (information below).

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at:

https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. Mail:
   U.S. Department of Agriculture
   Office of the Assistant Secretary for Civil Rights
   1400 Independence Avenue, SW
   Washington, D.C. 20250-9410; or
2. Fax: (833) 256-1665 or (202) 690-7442; or
3. Email: [email protected]

This institution is an equal opportunity provider.

Complainant may also contact the Center for Civil Rights Enforcement Customer Service Unit for further information at

(866) 632-9992 (Toll-Free Customer Service)
(202) 260-1026 (Local)
(800) 877-8339 (Local or Federal relay)
(866) 377-8642 (Relay voice users)
(800) 845-6136 (Espanol/Spanish)
(202) 720-2600 (USDA’s TARGET Center. Voice and TDD)

• Does the complaint, written, verbal or anonymous, include the following:
  • The complainant’s name, address, and telephone number
  • The complainant’s name, address, and telephone number of your attorney or authorized representative, if you are represented.
  • The basis of the complaint. The basis is what he/she believes was the motivating factor for the discrimination. For example, he/she may believe he/she were treated differently because of their race, color, religion, sex, age, national origin, marital status, sexual orientation, familial/parental status, disability, or because all or a part of an individual’s income is derived from a public assistance program. (Not all bases apply to all programs).
  • The date(s) that the incident(s) the complainant is reporting as discrimination occurred.
  • The name of the individual(s) or entity the complainant believes discriminated against him/her and the agency or recipient that employs that/those individual(s).
  • The issue(s) of the complaint. The issue is a description of what happened or the action that was taken by the individual(s) or agency that discriminated again the complainant, resulting in some harm. Recommendation for a clear as possible description of what happened, why he/she believed it happened, and how he/she felt discriminated against. Included should be how other persons were treated differently from him/her, if applicable. If the complainant was denied a benefit or service, provide a copy of the denial letter. If the complainant has documents to support the events he/she is reporting, request a copy of the supporting documents.

• The SFA will always remain empathetic, polite, calm, and patient. The SFA will rely on the written policies on non-discrimination enclosed below.

In accordance with Federal Civil Rights law and U.S. Department of Agriculture (USDA) Civil Rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior credible activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

• Requesting a waiver after the 180-day filing deadline:
  • A waiver may be granted for the following reasons: (1) the discriminatory act could not reasonably be expected to be known within the 180-day period; (2) illness or incapacitation; (3) the same complaint was filed with another Federal, state, or local agency; and (4) any other basis determined by the Director of the Center for Civil Rights Enforcement.
• Once received, the filed complaint will be written in the Civil Rights Complaint Log. Once the complaint is looked over, a Corrective Action Plan will be put into place if necessary. If a resolution cannot be made, the SFA will refer said complaint USDA’s National Office or to ESE’s Problem Resolution System Office. If needed, a third party, Alternate Dispute Resolution, will be provided.
• SFA will maintain and track notifications, corrective actions and required actions, if so imposed internally or, by the USDA’s Office of the Assistant Secretary for Civil Rights.

All SFA civil rights complaints should be given to Stephanie Collins, AKFCS Director of Nutrition:

Stephanie Collins
6 New Bond St.
Worcester, MA 01606
508-854-8400 x4645
[email protected]

AnnMarie Little, Director of Special Education and Government Relations
6 New Bond St.
Worcester, MA 01606
508-854-8400 x3625
[email protected]

 

 

 

 

Unpaid Meal Charge Policy

It is the goal and central concern for Abby Kelley Foster Charter School to work collaboratively with families to ensure equal access to Program benefits for children with disabilities.

The U.S. Department of Agriculture’s (USDA) nondiscrimination regulation (7 CFR 15b), as well as the regulations governing the Child Nutrition Programs, make it clear that substitutions to the regular meal must be made, at no extra cost, for children who are unable to eat meals served in any Child Nutrition Programs (CNP) because of their disabilities. USDA’s Food and Nutrition Service (FNS) has issued SP 59-2016: Policy Memorandum on Modifications to Accommodate Disabilities in the School Meal Programs, which clarify that, School Food Authorities (SFAs) are required to make reasonable modifications to accommodate children with disabilities.

Statutory and Regulatory Requirements 

A growing body of Federal law clearly requires schools to protect the rights and privileges of children with disabilities, and to ensure they have equal access to benefits when compared to children without disabilities. SFAs that fail to make appropriate meal modifications for children with disabilities could be found in violation of Federal civil rights laws. This section provides an overview of statutory and regulatory requirements related to disability accommodations.

The Rehabilitation Act of 1973 

The Rehabilitation Act of 1973 (Public Law 93-112)2 prohibits discrimination on the basis of disability in any Federal Government program that receives Federal financial assistance. Even one dollar of Federal money brings the entire scope of operations within the jurisdiction of Section 504, regardless of whether the requested modification is related to the part of the operations receiving Federal money. The law includes, “a local educational agency (as defined in Section 9901 of Title 20), a system of vocational education, or other school system” as entities covered by the Rehabilitation Act. Specifically, Section 504 of the Rehabilitation Act states: “No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.” USDA’s implementing regulations for Section 504 of the Rehabilitation Act are incorporated at 7 CFR 15b. 

The Americans with Disabilities Act of 1990, As Amended By law, recipients of Federal financial assistance must make reasonable modifications to accommodate children with disabilities. Title II of the Americans with Disabilities Act of 1990, as amended (Public Law 101-336, 42 U.S.C. 12101, ADA)3 prohibits discrimination based on disability in the provision of State and local government services, including services provided by public schools. Title III of the ADA prohibits discrimination based on disability by private entities offering public accommodations, including private schools.

The Definition of a Disability

The Americans with Disabilities Act (ADA) Amendments Act of 2008 made important changes to the meaning and interpretation of the term “disability.” The changes demonstrated Congress’s intent to restore the broad scope of the ADA by making it easier for an individual to establish that he or she has a disability. After the passage of the ADA Amendments Act, most physical and mental impairments constitute a disability.

Meal Modifications and Substitutions 

Once a disability determination has been made, Abby Kelley Foster Charter School (AKFCS) is required to provide reasonable modifications to prevent discrimination on the basis of disability. A “reasonable modification” is a change or alteration in policies, practices, and/or procedures to accommodate a participating child’s disability. Reasonable modifications to effectively accommodate children with disabilities must be made on a case-by-case basis. A meal modification must be related to the disability or limitations caused by the disability. 

Food Allergies: A child’s modification request extends to any food items and ingredients offered to the child. When accommodating a child’s food allergy, no food item offered to the child may contain traces of substances that may trigger an allergic reaction. For example, if a child has a peanut allergy, no foods served to the child may contain peanuts or include peanuts as an ingredient. This means food labels or specifications on food items children with allergies will consume must be checked for allergens. FNS recommends providing the child’s parent or guardian advance copies of breakfast and lunch menus, if applicable, so they can ask questions and raise any potential concerns. If a food label for a product served in the Programs does not provide adequate information, it is the responsibility of the school food service to obtain the information necessary to ensure no allergic substances are present. This may be accomplished by contacting the supplier or manufacturer or checking with the State agency. Private organizations may also be consulted for information and advice.

Facilities and personnel must provide the necessary services to accommodate a child with a disability. In certain situations, modifications may require additional equipment or specific staff training and/or expertise. When these instances occur, it is important for school food service professionals and parents or guardians to work together, prior to the child’s entrance to the school, to ensure the child has equal opportunity to participate in and benefit from the Programs.

Team Approach

When implementing the guidelines, AKFCS Nutrition staff will take a team approach when complying with guidelines and providing modifications for participants with disabilities. Having a team that includes individuals from the SFA, nursing staff, and the Section 504 Coordinator helps ensure consistent decisions, implementation, and tracking of meal modifications. Any request for a modification related to the meal or meal service should be reviewed by the team.

• Integrated Setting Meal Service — Abby Kelley Foster Charter School will provide all meal services in the most integrated setting appropriate to the needs of the disabled participant. Exclusion of any participant from the Nutrition Program environment is not considered an appropriate or reasonable modification.
• Confidentiality — It is extremely important for Abby Kelley Foster Charter School to protect the privacy of our students who have a disability. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Family Educational Rights and Privacy Act of 1974 (FERPA) require medical information to be kept confidential. This includes medical information related to a child’s disability. Abby Kelley Foster Charter School Nutrition team may not request medical records or medical charts related to a child’s disability as part of the medical statement. Schools also must follow confidentiality requirements under IDEA; any questions about IDEA should be directed to the Section 504/ADA Coordinator.
• Current Information Assurance — Parents and/or Guardians will not be required to resubmit medical statements, but an effort will be made by Abby Kelley Foster Charter School to ask if they would like the accommodation to continue or stop either annually or in another defined period of time.
• Abby Kelley Foster Charter School will provide a yearly policy update located under the SFA Civil Rights Policy and Procedure. This link can be found on the school website under the Nutrition Services tab – USDA Statements.

Declining Meal Modification Requests

AKFCS generally will not decline to provide a meal modification to accommodate a child’s disability that is supported by a medical statement. However, AKFCS may decline a request for a meal modification that would fundamentally alter the nature of the CNP. A fundamental alteration is a modification so drastic that it would change the essential nature of the CNP. AKFCS will work closely with families to prevent any misunderstandings before declining a modification request. The Food & Nutrition Services Director will contact our DESE consultant if we plan to decline a modification request.

• If AKFCS declines a request, under the Procedural Safeguards requirements, AKFCS will ensure that the child’s parent or guardian understands their right to file a grievance if they believe a violation has occurred regarding the request for a reasonable modification.
• Procedures in place to address requests to accommodate children with disabilities in the facility/school, in compliance with Section 504 of the Rehabilitation Act of 1973 or IDEA, may be used to fulfill this requirement.
• The USDA Civil Rights Complaint process may be utilized in addition to or in place of Procedural safeguards.

Instructions for meal modifications are as follows

Families in need of a Meal Modification form should contact Stephanie Collins, Director of Nutrition Services; [email protected] or 508-854-8400 ext. 4645.

• The medical statement must include:
  • Information about the child’s physical or mental impairment that is sufficient to allow Abby Kelley Foster Charter School Nutrition Department to understand how it restricts the child’s diet,
  • An explanation of what must be done to accommodate the child’s disability, and
  • The food or foods to be omitted and recommended alternatives, in the case of a modified meal.
  • If the child’s IEP or 504 Plan includes the information required in the medical statement, or if Abby Kelley Foster Charter School obtains written medical verification of the impairment during the IEP/504 Plan process, it is not necessary for Abby Kelley Foster Charter School to also obtain a separate medical statement.
  • Abby Kelley Foster Charter School may not require the written medical statement to provide a specific diagnosis by name or use the term “disabled” or “disability,” though the State licensed healthcare professional may use these terms when submitting a medical statement.

If a medical statement is provided and does not fully explain the modification needed, AKFCS will immediately contact the child’s parent or guardian for guidance and ask the family to provide an amended medical statement as soon as possible. However, clarification of the medical statement will not delay AKFCS from providing a meal modification. AKFCS will follow the portion of the medical statement that is clear and unambiguous to the greatest extent possible, while obtaining the additional information.

• On a yearly basis, all AKFCS Nutrition staff members are required to take food allergen training. Extra allergen training is provided upon request. One staff member is ServSafe certified at every AKFCS building.

If you have any questions please reach out to the Nutrition & Food Service Director, Stephanie Collins, 508-854-8400 x4645, 6 New Bond St. Worcester, MA 01606 or [email protected]

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, familial/ parental status, income derived from a public assistance program, political beliefs, reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.)

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, and American Sign Language) should contact the responsible Mission Area, agency, staff office, or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a complainant should complete a Form AD 3027, USDA Program Discrimination Complaint Form (PDF, 293 KB), which can be obtained online, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 (PDF, 293 KB) form or letter must be submitted to USDA by:

mail:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or

fax: (833) 256-1665 or (202) 690-7442;
email: [email protected] 

Abby Kelley Foster Charter School is an equal opportunity provider, employer, and lender.