For Federal Register citations affecting 245.12, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Visit us on Instagram, When a roofer works pro bono, its on the house. During the base year, even though meals are served to participating students at no charge, schools must take daily meal counts of reimbursable student meals by type (free, reduced price, and paid) at the point of service, or as otherwise approved under part 210 of this chapter. Agency records may be used for verification conducted after the household has been notified of its selection for verification or for the direct verification procedures in paragraph (g) of this section. (h) Recordkeeping. On an annual basis not later than the end of each school year, State agencies must identify local educational agencies demonstrating a high level of, or risk for, administrative error associated with certification processes and notify the affected local educational agencies that they must conduct a second review of applications beginning in the following school year. (b) Direct certification performance benchmarks. Local educational agencies not selected under paragraph (b)(1)(i) that are at risk for certification error, as determined by the State agency. (4) Continuing eligibility for alternative sample sizes. (ix) An explanation that Head Start enrollees and foster, homeless, migrant, and runaway children, as defined in 245.2, are categorically eligible for free meals and free milk and their families should contact the school for more information; (x) How a household may appeal the decision of the local educational agencywith respect to the application under the hearing procedure set forth in 245.7. (f) Community eligibility. For student transfers during the school year within a local educational agency, a student's access to free, reimbursable meals under the special assistance certification and reimbursement alternatives specified in this section must be extended by a receiving school using standard counting and claiming procedures for up to 10 operating school days or until a new eligibility determination for the current school year is made, whichever comes first. 25, 2011]. Milk means pasteurized fluid types of unflavored or flavored whole milk, lowfat milk, skim milk, or cultured buttermilk which meet State and local standards for such milk except that, in the meal pattern for infants (0 to 1 year of age) milk means unflavored types of whole fluid milk or an equivalent quantity of reconstituted evaporated milk which meet such standards. Service institution shall have the meaning ascribed to it in part 225 of this chapter. In developing the average daily meal count by type for the current school year, schools shall use the base year data adjusted by enrollment; or. Applications may be replaced when the local educational agency determines that the household would be unable to satisfactorily respond to the verification request. 1751 note. (3) 95% for the school year beginning July 1, 2013, and for each school year thereafter. (ii) Collateral contacts are verbal confirmations of a household's circumstances by a person outside of the household. Households must be informed that the information they provide on the free and reduced price meal or free milk application will be used to determine eligibility for free and reduced price meals or free milk and that eligibility information may be disclosed to other programs. 9831 et seq.). (a) General. The local educational agency must extend eligibility to newly enrolled children when other children in their household (as defined in 245.2) were approved for benefits the previous year. Households with reduced benefits or that are longer eligible for free or reduced price meals must be notified of their right to reapply at any time with documentation of income or participation in one of the eligible programs in paragraph (a)(1) of this section. The State agency shall submit to the Department on the monthly FNS-10, Report of School Programs Operations, the number of meals, by type (i.e., monthly meal counts by type for the base year, as adjusted); or the number of meals, by type, constructed to reflect the adjusted levels of cash assistance. In addition, the term includes foster children certified for free meals through means other than an application for free and reduced price school meals. (A) Beginning in School Year 2012-2013, direct certification with SNAP shall be conducted using a data matching technique only. Now what? 1772); 42 U.S.C. (Sec. Special assistance certification and reimbursement alternatives. Once the appropriate official has provided the direct certification documentation to the local educational agency, the child must have free benefits made available as soon as possible but no later than three operating days after the date the local educational agency receives the direct certification documentation. (a) Purpose of the program. (10) Notification to families. (4) Transferring eligibility status. Community eligibility may be implemented for one or more 4-year cycles. The first day of the 10 day advance notice period shall be the day the notice is sent. (B) Letters or other documents may be used as the primary method for direct certification to document receipt of FDPIR or TANF benefits. Reimbursement in a grace year is determined by multiplying the identified student percentage at the local educational agency, group of schools, or school as of April 1 of the fourth year of the 4-year CEP cycle by the 1.6 multiplier. Because you are a member of panel, your positions on legislation and notes below will be shared with the panel administrators. Your note is for you and will not be shared with anyone. Local educational agencies must meet the eligibility requirements specified in paragraph (f)(3) of this section to participate in community eligibility. By May 1 of each school year, the State agency must make the following information readily accessible on its Web site in a format prescribed by FNS: (i) The names of schools identified in paragraph (f)(5) of this section, grouped as follows: Schools with an identified student percentage of least 40 percent, schools with an identified student percentage of less than 40 percent but greater than or equal to 30 percent, and schools currently in year 4 of the community eligibility provision with an identified student percentage that is less than 40 percent but greater than or equal to 30 percent. (c) Each State agency, or FNSRO where applicable, shall instruct local educational agencies under their jurisdiction that they may not alter or amend the eligibility criteria set forth in an approved policy statement without advance approval of the State agency, or FNSRO where applicable. A local educational agency, group of schools, or school with an identified student percentage of less than 40 percent but equal to or greater than 30 percent as of April 1 of the fourth year of a community eligibility cycle may continue using community eligibility for a grace year that continues the 4-year cycle for one additional, or fifth, year. Section 2 of the National School Lunch Act (42 U.S.C. P336N=ShP/rV>} RvT Returning the school to standard eligibility determination and meal counting procedures and fiscal action as required under 210.19(c) of this chapter if the State agency determines that records were not maintained; and. (ix) The number of extensions granted during the previous year on the basis of alternate data as approved by the State agency's respective FNS Regional Office. The following requirements apply: (1) Meals at no charge. Except as otherwise specified in 245.6a(a)(5), local educational agencies are required to conduct verification in accordance with 245.6a. In 1946 Congress passed the National School Lunch Act, ch. L. 95-166, 91 Stat 1336 (42 U.S.C. No later than April 15 of each school year, each local educational agency must submit to the State agency a list(s) of schools as described in this paragraph. School, school food authority, and other terms and abbreviations used in this part shall have the meanings ascribed to them in part 210 of this chapter. Special Assistance Certification and Reimbursement Alternatives means the three optional alternatives for free and reduced price meal application and claiming procedures in the National School Lunch Program and School Breakfast Program which are available to those School Food Authorities with schools in which at least 80 percent of the enrolled children are eligible for free or reduced price meals, or schools which are currently, or who will be serving all children free meals. 6, 39 FR 30339, Aug. 22, 1974, as amended at 47 FR 746, Jan. 7, 1982; 48 FR 12511, Mar. Subtitle ANational School Lunch Program SEC. This content is from the eCFR and is authoritative but unofficial. (a) After the State agency, or FNSRO where applicable, notifies the local educational agency (as defined in 245.2) that its criteria for determining the eligibility of children for free and reduced price meals and for free milk have been approved, the local educational agency (as defined in 245.2) shall publicly announce such criteria: Provided however, that no such public announcement shall be required for boarding schools, residential child care institutions (see 210.2 of this chapter, definition of Schools), or a school which includes food service fees in its tuition, where all attending children are provided the same meals or milk. The State agency or local educational agency, as appropriate, must add substantially the following statement to the statement required under paragraph (a)(8)(i) of this section, We may share your eligibility information with education, health, and nutrition programs to help them evaluate, fund, or determine benefits for their programs; auditors for program reviews; and law enforcement officials to help them look into violations of program rules. For children determined eligible through direct certification, the notice of potential disclosure may be included in the document informing parents/guardians of their children's eligibility for free meals or free milk through direct certification. This document is available in the following developer friendly formats: Information and documentation can be found in our Collateral contacts could include employers, social service agencies, and migrant agencies. Follow @govtrack on Twitter for posts about legislative activity and other information were tracking, and some commentary. (3) The specific procedures the local educational agency will use in accepting applications from families for free and reduced price meals or for free milk. L. 91-248, 84 Stat. Upward and downward adjustments to the number of operating days shall be made. Children's free or reduced price meal or free milk eligibility information only may be disclosed to Medicaid or SCHIP when both the State agency and the local educational agency so elect, the parent/guardian does not decline to have their eligibility information disclosed and the other provisions described in paragraph (i) of this section are met. The first report containing this data element would be required in the school year beginning July 1, 2005 and each school year thereafter. Well be in touch. 1753, 1759(a), 1773, 1758)). At the State agency's discretion, students who transfer within or between local educational agencies may be offered free reimbursable meals for up to 30 operating days or until a new eligibility determination for the current school year is made, whichever comes first. On applications where households have furnished SNAP or TANF case numbers or FDPIR case numbers or other FDPIR identifiers, verification shall be accomplished by confirming with the SNAP, FDPIR, or TANF office that at least one child who is eligible because a case number was furnished, is a member of a household participating in one of the eligible programs in paragraph (a)(1) of this section. Expenditure of additional non-federal funds is not required if all operating costs are covered by the Federal assistance provided. (iv) Establish a Provision 2 base year. View the most recent official publication: These links go to the official, published CFR, which is updated annually. 1773).''. 0000009132 00000 n (iii) If data are not as of April 1 of the current school year, ensure the data includes a notation that the data are intended for informational purposes and do not confer eligibility for community eligibility. These three percentages, calculated at the end of the base year, are multiplied by the total monthly lunch count of all reimbursable lunches served in each month of the second, third and fourth consecutive school years, and applicable extensions, in order to calculate reimbursement claims for free, reduced price and paid lunches each month. Additionally, the State agency or local educational agency also may disclose information that identifies children eligible for free and reduced price meals or free milk to persons directly connected with the administration or enforcement of the programs and the individuals specified in this paragraph (f) without parent/guardian consent. The State agency must review the identified student percentage documentation submitted by the local educational agency to confirm that the local educational agency, group of schools, or school meets the minimum identified student percentage, participates in the National School Lunch Program and School Breakfast Program, and has a record of administering the meal program in accordance with program regulations, as indicated by the most recent administrative review. 1758a. State agencies may employ either method to effect payment of reimbursement for Provision 3 schools. Act of Oct. 15, 1962, Pub. (a) Each State agency, or FNSRO where applicable, shall by July 1 of each year announce family-size income standards to be used by local educational agencies, as defined in 245.2, under the jurisdiction of such State agency, or FNSRO where applicable, in making eligibility determinations for free or reduced price meals and for free milk. The change in the income level of the school's population shall be considered negligible if there is a 5 percent or less improvement, after adjusting for inflation, over the base year in the level of the socioeconomic indicator which is used to establish the income level of the school's population. (2) The local educational agency can challenge the continued eligibility of any child for a free or reduced price meal or for free milk. Help us develop the tools to bring real-time legislative data into the classroom. Q:\COMP\FNS\Richard B. Russell National School Lunch Act.xml . by the local educational liaison, or other individual in accordance with guidance issued by FNS. 803, Pub. Documentation may also be a list of children, a computer match, or a court document that includes this information. (d) If any free and reduced price policy statement submitted for approval by any local educational agency to the State agency, or FNSRO where applicable, is determined to be not in compliance with the provisions of this part, the local educational agency shall submit a policy statement that does meet the provisions within 30 days after notification by the State agency, or FNSO where applicable. (7) Verification. Add a note about this bill. Such schools shall: (i) Return to standard meal counting and claiming. The local educational agency may directly certify children for free meals or free milk based on documentation received from the appropriate State or local agency that administers FDPIR or TANF, as defined in 245.2, when that agency indicates that the children are members of a household receiving assistance under one of these programs. (g) Policy statement requirement. For Federal Register citations affecting 245.6, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. (2) For disclosure to Medicaid or SCHIP, the State agency or local educational agency, as appropriate, must notify parents/guardians that their children's free and reduced price meal or free milk eligibility information will be disclosed to Medicaid and/or SCHIP unless the parent/guardian elects not to have their information disclosed. For the purposes of this section, the following programs qualify as programs for which a case number may be provided in lieu of income information and that may be used for direct verification purposes: (ii) The Food Distribution Program on Indian Reservations (FDPIR) as defined in 245.2; and. 208, May 14, 1970. The proxy for this data element must be established each school year through the State's data matching efforts between SNAP records and student enrollment records for these special provision schools that are operating in a non-base year or that are exercising the CEP. Schools electing to establish a Provision 3 base year shall follow procedures contained in paragraph (d) of this section; (A) Enrollment based percentages. For the purposes of this section, error prone application means an approved household application that indicates monthly income within $100 or annual income within $1,200 of the applicable income eligibility limit for free or for reduced meals. (a-1) When a revision of the family-size income standards of the State agency, or FNSRO where applicable, is necessitated because of a change in the Secretary's income poverty guidelines or because of other program changes, the State agency shall publicly announce its revised family-size income standards no later than 30 days after the Secretary has announced such change. (i) Enrolled students means students who are enrolled in and attending schools participating in the community eligibility provision and who have access to at least one meal service (breakfast or lunch) daily. Any standards prescribed by FNSRO with respect to nonprofit private schools shall be developed by FNSRO after consultation with the State agency. Medicaid and SCHIP agencies and health insurance program operators also may verify children's eligibility in a program under the Child Nutrition Act of 1966 or the Richard B. Russell National School Lunch Act. (3) Frequency of direct certification contacts with SNAP. 1397aa et seq.). Add a note about this bill. (A) Beginning in School Year 2011-2012, at a minimum, all local educational agencies must conduct direct certification as follows: (1) At or around the beginning of the school year; (2) Three months after the initial effort; and. A local educational agency of a school which serves all enrolled children in that school reimbursable meals at no charge during any period for up to 4 consecutive school years may elect to receive Federal cash reimbursement and commodity assistance at the same level as the total Federal cash and commodity assistance received by the school during the last year that eligibility determinations for free and reduced price meals were made and meals were counted by type (free, reduced price and paid) at the point of service, or as otherwise authorized under part 210 of this chapter. Documentation for these programs includes the name of the child; a statement certifying that the child is a member of a household receiving assistance under SNAP, FDPIR or TANF, as defined in this section; information in sufficient detail to match the child attending school in the local educational agency with the name of a child who is a member of one of the applicable programs as defined in this section; the signature of the official from the applicable program who is authorized to provide such documentation on behalf of that program and the date that the official signed the certification statement; (ii) A letter or other document provided to the household by the agency administering FDPIR or the TANF program, as defined in this section or by the court, entity, or official authorized to administer an eligible program for a Foster child, a Homeless child, a Migrant child, a Head Start child, or a Runaway child as defined in this section. 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