Eligibility of Children Over Age 12 with Disability
TO: Sponsors of Child and Adult Care Food Program
FROM: Debrah Firkus, Supervisor
CACFP Compliance & Assistance
Food and Nutrition Service
DATE: April 2, 2008
SUBJECT: Standards for Program Participation Based on Disability
This memorandum replaces the September 5, 2003 FNS memorandum on participation of “Children over 12 with Disability” in the Child and Adult Care Food Program (CACFP). The 2003 memorandum allowed child care institutions to make the determination that a child over age 12 is disabled for the purpose of program participation in accordance with the program definition of “children” shown below.
Revised Standards and Implementation Dates
Documentation of disability now must be obtained from a physician or from educational records before a child over age 12 (or a child of migrant workers over age 15 or a participant over age 18 at an emergency shelter) with a disability may participate in the CACFP.
The revised standards in this memo must be followed for any persons beginning CACFP participation under the disability provision as of May 1, 2008. For persons already participating in CACFP under the disability provision, new documentations of disability meeting these revised standards must be on file by July 1, 2008 or program reimbursement may not be claimed for meals served to these children.
Program Participation for Older Children with Disabilities
Subdivision (d) of the definition of “Children” in CACFP regulations (7 CFR 226.2) provides an exception so that “persons with mental or physical handicaps, as defined by the State” may participate in the CACFP beyond the usual age limits for the program:
Children means:
(a) Persons age 12 and under;
(b) Persons age 15 and under who are children of migrant workers;
(c) Persons age 18 and under who are residents of emergency shelters; and
(d) Persons with mental or physical handicaps, as defined by the State, which are enrolled in an institution or a child care facility or residing in an emergency shelter serving a majority of persons 18 years of age and under.
Definition of Child (up to age 21 and in school) with a Disability
For a child (up to age 21 and in school) to qualify for CACFP participation based on having a “mental or physical handicap, as defined by the State,” the child must meet the definition of “child with a disability” from Minnesota Statutes 125A.02:
CHILD WITH A DISABILITY DEFINED.
Subdivision 1. Child with a disability. Every child who has a hearing impairment, blindness, visual disability, speech or language impairment, physical disability, other health impairment, mental disability, emotional/behavioral disorder, specific learning disability, autism, traumatic brain injury, multiple disabilities, or deaf/blind disability and needs special instruction and services, as determined by the standards of the commissioner, is a child with a disability. In addition, every child under age three, and at local district discretion from age three to age seven, who needs special instruction and services, as determined by the standards of the commissioner, because the child has a substantial delay or has an identifiable physical or mental condition known to hinder normal development is a child with a disability.
Subd. 2. Not a Child with a disability. A child with a short-term or temporary physical or
emotional illness or disability, as determined by the standards of the commissioner, is not a child with a disability.
Definition of Adult (over age 21 or otherwise not in school) with a Disability
For an adult participant (over age 21 or otherwise not in school) to qualify for CACFP participation based on having a “mental or physical handicap, as defined by the State,” the participant must have a disability that meets the definition of “handicapped person” in the federal Americans with Disabilities Act:
“Handicapped person” means any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.
If using this definition, also refer to the detailed definitions of “physical or mental impairment,” “major life activities,” etc. These additional definitions are available from the first page of the attachment to the FNS memorandum on meal substitutions for persons with disabilities at http://education.state.mn.us/mdeprod/groups/Nutrition/documents/Memo/004219.pdf.
At an emergency shelter, a person over age 18 with a disability may participate in the CACFP only if the emergency shelter serves a majority of persons 18 years of age and under.
Documentation of Disability (Child or Adult)
When eligibility for continued CACFP participation is based on a child or adult’s disability, documentation of the disability must be maintained on file before meals served to the participant may be claimed for program reimbursement. A physician’s statement that the participant has a disability as defined in the applicable law shown above (provide a copy of the applicable definition to the physician for reference) is required. If a participant’s disability has been documented in an Individualized Education Plan (IEP) or 504 Plan at school, the family may provide that documentation instead of a physician’s statement.
If you have any questions about this information, contact MDE Food and Nutrition Service at 651-582-8526, 800-366-8922, or email to fns@state.mn.us.
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