In recent years, we have seen increasing emphasis on the importance of ensuring that children with disabilities have the same opportunities as other children to receive an education and education related benefits, such as school meals. Congress first addressed this concern in section 504 of The Rehabilitation Act of 1973, which prohibits discrimination against qualified persons with disabilities in the programs or activities of any agency of the federal government's executive branch or any organization receiving federal financial assistance. For schools, these laws are enforced by the Office for Civil Rights (OCR) in the United States Department of Education.
Subsequently, Congress passed the Individuals with Disabilities Education Act (IDEA) of 1990 which requires that a free and appropriate public education be provided for children with disabilities, who are aged 3 through 21, and the Americans with Disabilities Act (ADA) of 1990, a comprehensive law which broadens and extends civil rights protections for Americans with disabilities. One effect of these laws has been an increase in the number of children with disabilities who are being educated in regular school programs. In some cases, the disability may prevent the child from eating meals prepared for the general school population. The U.S. Department of Agriculture's (USDA) nondiscrimination regulation (7 CFR 15 (b)), as well as the regulations governing the National School Lunch Program and School Breakfast Program, make it clear that substitutions to the regular meal MUST be made for children who are unable to eat school meals because of their disabilities, when that need is certified by a licensed physician.