A private religious school receiving federal financial assistance for the national hot lunch program (with the money coming from the USDA), must provide accomodations for the disabled, throughout its educational programs as well...not just within the context of the lunch program that is receiving funding.
I wanted clarification from the USDA about this, because the Office of Civil Rights (OCR) with the dept of education believed that a 504 would offer protection ONLY [i]within the context of the program receiving federal dollars[/i]...in our case, the lunch program and [i]not[/i] for the educational parts of the school day. They suggested I contact the USDA. I finally received a response from the USDA. Here is my question and their response:
INQUIRY:
Hello,
It is my understanding that a private religious school which is the recipient of USDA federal financial assistance (particularly the National School Lunch Program (NSLP)), needs to accommodate disabled persons as defined by Section 504 of the Rehabilitation Act of 1973 as well as other civil rights laws. My question is, do they have to accommodate only within the context of the specific program by which the funding was designated for? Can a private religious school discriminate against a disabled person throughout the rest of the 'non-lunch' parts of the school day--merely because the only federal financial assistance the school receives is for the lunch program and not for education programs?
Section 504 states:
Subpart D -- Preschool, Elementary, and Secondary Education
104.31 Application of this subpart.
Subpart D applies to preschool, elementary, secondary, and adult education programs or activities that receive Federal financial assistance and to recipients that operate, or that receive Federal financial assistance for the operation of, such programs or activities.
"Programs or activities" are defined as:
(k) Program or activity means all of the operations of--
(1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 8801), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or
(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or
(4) Any other entity which is established by two or more of the entities described in paragraph (k)(1), (2), or (3) of this section; any part of which is extended Federal financial assistance.
My daughter qualifies for a 504, but I am wondering if a 504 plan would only provide her from being discriminated against at lunchtime--because that is the only federal financial assistance that her private religious school receives. If a school receives any kind of federal financial assistance at all, one would think they would have to provide necessary accommodations in all aspects of the schools operation, lunchtime and educational. The language of the 504 appears to say that, but I would really like some clarification before I speak with the school about setting up a 504 designation meeting. Thank you so much for your insight.
Sincerely,
me
RESPONSE:
[b]Hello,
It is my understanding that you sent an email to the US Department of Agriculture inquiring as to whether a religious school must comply with all the Section 504 of the Rehabilitation Act, as amended, requirements when only the school lunch program is federally assisted. The answer to your question is that a school district receiving such funding must sign an assurance form that it will not discriminate on certain bases in all of its programs and activities. Included in this assurance is the basis for ensuring disability nondiscrimination, as set forth in the Rehabilitation Act. So, the answer to your question is, yes. The religious school does have an obligation to ensure nondiscrimination on the basis of disability as required by Section 504 throughout all its programs and activities.[/b]
Just wanted to share this information in case any one else has children attending a private religious school receiving federal money for the lunch program only.
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Disclaimer I'm not offering advice. I don't guarantee the accuracy/content of any links provided.
[b]AWESOME!!!![/b]
Hey--this is [b]fantastic[/b] news!! (For many members who have been told otherwise over the years....)
I'm thrilled to see that what I thought [i]must, surely[/i] be true.... in fact, [i]IS[/i]-- you never know with government agencies. LOL!
Thank [i]you[/i] so much for pursuing an answer to this long-standing question!!