It is recommended that Attachment A be sent to all households selected for verification. The other attachments are available to be used as needed.

Federal regulations require that all School Food Authorities (SFAs) participating in the School Breakfast Program (SBP) and/or National School Lunch Program (NSLP) conducting standard counting and claiming procedures select and verify a sample of their approved free and reduced-price meal applications on file as of October 1st by November 15th of each year. This process is called Income Verification.

Income Verification is the confirmation of eligibility for free and reduced-price meals under the NSLP and SBP. Verification is only required when eligibility is determined through the application process, and is not required for eligibility determinations made through the direct certification process.

Verification must include either confirmation of income eligibility or confirmation that the child or any member of the household is receiving assistance under Supplemental Nutrition Assistance Program (SNAP), Food Distribution Program on Indian Reservations (FDPIR) or Temporary Assistance for Needy Families (TANF) or that a child is Other Source Categorically Eligible. Verification may also include confirmation of any other information required on the application, such as household size.

Income Verification requirements have become more stringent in order to improve the fiscal integrity of the child nutrition programs and the verification process.  It is essential that verification efforts be completed on time, that changes in eligibility are implemented for all family members and that adequate records of your efforts are maintained. The selection of applications cannot target discrimination against anyone on the basis of race, color, national origin, age, sex, or disability.

Getting households to respond to verification requests can be challenging for SFA staff. If households do not respond, they lose their benefits regardless of their actual eligibility. In addition, the number of approved applications an SFA is required to verify is impacted by the number of responses they were able to obtain the previous year.

To assist SFAs with addressing these issues, USDA has developed a Verification Toolkit. The Toolkit contains a collection of resources that SFAs can use in their efforts to improve verification response rates and the overall efficiency of the process. These resources were developed by FNS but feature input from State and local officials from around the country. They were informed by two years of formal studies conducted by FNS and the Office of Evaluation Science’s Social & Behavioral Sciences Team, as well as through a public contest and from informal conversations with program operators. To view the Toolkit, please visit https://www.fns.usda.gov/school-meals/verification-toolkit.

SFAs must report the results of the income verification process by completing and submitting the Verification Collection Report on the Child Nutrition Management System (CNMS) by December 15th.

Start planning early!  Allow yourself enough time to complete the verification process by the required deadline.

Verification efforts are not required for:

• Residential childcare institutions (RCCIs), with the exception of RCCIs with day students, where eligible students must complete an application

• Schools in which all students are served without a separate charge for food services and the school claims only paid reimbursement

• Schools that do not have any free or reduced-price eligible students

• Schools participating in the Special Milk Program, even if they offer free milk

• Schools in non-base years of Provision 2. They must, however, conduct the Direct Certification Matching Process (DCMP) and report SNAP and Medicaid Direct Certification eligibility annually.

• Schools operating in the Community Eligibility Provision (CEP). They must, however, conduct DCMP and report SNAP and Medicaid Direct Certification eligibility annually.

• New SFAs who begin participation in a Child Nutrition Program after October 1 do not need to complete the verification process in their first year of operation only.

To establish the sample pool, SFAs must count the number of approved free and reduced applications on file for the entire SFA as of October 1. The sample pool depends on the number of approved applications, paper or electronic, and is not based on the number of children eligible for free and reduced priced benefits. If October 1 falls on a weekend or a school break, use the next operating day to establish the sample pool.

SFAs have the option to begin verification prior to October 1, once they begin the application approval process for the current school year. This option may ease the administrative burden for particularly large SFAs who receive several household income applications. However, the sample pool must still be based on the number of applications on file as of October 1. See the Beginning Verification Prior to October 1 tab for additional details.

Applications submitted for “mixed households,” which include children who are eligible based on income and others based on Other Source Categorical Eligibility, are subject to verification and must be included in the sample pool.

Applications with case numbers that are not certified through direct certification are subject to verification and should be included in the sample pool.

Verification must take place after an application has been approved.

Do NOT include:

• Households that are matched through the Direct Certification Matching Process (DCMP) for SNAP/Medicaid, and those students who have been identified as living in the same household as the certified student receiving SNAP/Medicaid benefits
• Certification letters for SNAP/TANF from the local assistance agencies
• Foster children who are identified by a list or letters from social services and voluntary placement agencies
• Migrant children who have been identified by the district's Migrant Education Program
• Runaway or homeless children who have been identified by the district's McKinney-Vento school district liaison
• Children participating in federally funded Head Start/Even Start

*When carrying over eligibility for the first 30 operating days for students whose free or reduced eligibility was determined in the previous school year, do not count these applications in your verification pool and do not verify eligibility. The carryover applications were subject to the verification process in the previous school year.

Using the sample pool, SFAs will calculate the required sample size (number of applications that must be verified) using one of the following methods:

• Error Prone (Standard) Sampling Method
• Random Sampling Method (Alternate 1)
• Focused Sampling Method (Alternate 2)

The Error Prone (Standard) Sampling Method must be used by an SFA unless it qualifies to use one of the alternate sampling methods. The SFAs approved to use an alternate sampling method are listed in the SFAs Required to Conduct Income Verification tab.

When determining the sample size, regardless of the verification method used, SFAs must always round up to the nearest whole number. For example, if your sample size is 3.18 you must verify 4 applications. You may not verify any more or any less than the required sample size allowed.  Please note, at least one application must always be verified.

Prior to conducting any verification activity, an individual other than the original reviewing official must review each approved application selected for verification to ensure that the initial determination was accurate. The confirmation review must be done by an individual other than the individual who made the initial eligibility determination. A confirmation review is not required if the SFA uses a technology-based system that demonstrates a high level of accuracy in processing an initial eligibility determination.  

If an SFA is using “eligibility determining” software, it is the SFA’s responsibility to ensure that the "eligibility determining" software conforms to USDA regulations.

Depending on the outcome of each confirmation review, the SFA must take one of the following actions:

The SFA may, on a case-by-case basis, replace up to five percent (5%) of the applications selected for verification. Applications may be replaced when the SFA believes that the household would be unable to satisfactorily respond to the verification request.  The SFA must document why the application was replaced. Any application removed must be replaced with another approved application selected on the same basis (i.e., an error prone application must be substituted for a withdrawn error prone application). The newly selected application must then have a confirmation review prior to being verified. In those SFAs where five percent of total applications result in less than one, one application may still be replaced. All results of the five percent calculation are rounded up to the next whole number.

When an application is selected for verification and, prior to hearing back from the household in question, that household is found on a direct certification list, the application does not have to be replaced in the verification sample pool. The application would be marked as a direct certification in the appropriate box in Section 3 of the verification collection report. SFAs should include these applications in Field 5-5 (Number of applications selected for verification) of the verification collection report and indicate the number of these applications that are being converted to direct certification in the remarks portion of the verification collection report.

When a household is selected for verification, the SFA must provide the household with a letter or an email if the parent or guardian contact information is known informing a household of its selection and must provide a list of the documents or other forms of evidence the household must submit to the SFA. When the SFA uses agency records or direct verification to confirm eligibility, a letter informing the household of its selection for verification is not required, as verification is completed. Please see the “Direct Verification” section of this booklet for more information on direct verification.

It is recommended that SFAs use the NYSED prototype “Letter to Households-Notification of Selection for Verification of Eligibility” letter (Attachment A) as this prototype letter contains all required information.

The notification letter must include:

• An indication that the household was selected for verification

• If a child is receiving benefits based on income, a list of the types of acceptable information that may be provided to confirm current income:
  
  • Pay stubs;
  • Award letters from assistance agencies for benefits such as Social Security or SSI; or
  • Support payment decrees from courts;

• If a child is receiving benefits based on categorical eligibility, the household may provide proof that a child or any household member is receiving benefits under an Assistance Programs (SNAP/TANF/FDPIR) or that a child is Other Source Categorically Eligible instead of providing income information;

• A warning that information must be provided by a date specified by the SFA and that failure to do so will result in termination of benefits

• Notice that documentation of income or receipt of assistance may be provided from any point in time between the months prior to application and the time the household is required to provide income documentation

• A modified Use of Information Statement as follows: 

The Richard B. Russell National School Lunch Act requires the information requested in order to verify your children’s eligibility for free or reduced-price meals. If you do not provide the information or provide incomplete information, your children may no longer receive free or reduced-price meals

• Name of an SFA official who can answer questions and provide assistance

• A toll-free number for parents to obtain assistance. This can be a local number within the district.  It cannot be a long-distance call

• The full USDA Nondiscrimination Statement.

Note:  You do not need to collect social security numbers of all adults in the household as part of the verification process. Ensure all notification letters are updated and do not request this information.

Any communications with households concerning verification must be in an understandable and uniform format and, to the maximum extent practicable, in a language that parents and guardians can understand.

All applications selected for verification must be resolved.  All families selected must provide information that verifies or confirms their eligibility, or the families must be notified formally in writing that their benefits will change.  Changes in eligibility must be updated at the point of service for all family members in the SFA.

Correctly approved applications are effective for the entire school year. If a family selected for verification submits information that confirms either their income or receipt of SNAP/TANF/FDPIR benefits for the time period beginning the month before they applied through the time the application is verified, the child's eligibility remains in effect. You may not change their status to reduced or paid if the family substantiates they were eligible for the free benefits when they applied.  This is true even if current income proves at the time of verification they are no longer eligible.

Direct verification is a method that can be used to confirm eligibility for verification. Direct verification uses records from public agencies to verify assistance program participation which can help reduce the burden upon families and eliminate non-responders. Results of Direct Verification must be reported on the School Food Authority Verification Collection Report.

SFAs are not required to conduct direct verification but are encouraged to utilize this method. Direct verification was put in the federal law to make it easier for eligible families to retain benefits and is an excellent means to address the non-response rates of households selected for verification. It is not an opportunity to run a computer check for all children in your school.  Direct verification should be used only to check students selected in your verification sample.

Direct verification must be conducted prior to contacting the household for documentation. Direct verification can be used for the sample selected for verification via the error prone method, the random sample, or the focused sample. SFAs must have security measures to ensure the confidentiality of the information.

SFAs will conduct the direct verification process by using the Direct Certification Matching Process (DCMP) data. Direct certification electronic records will provide data for the current school year through October and will be available to authorized users of the New York State Student Identification System (NYSSIS).

To directly verify students using the direct certification matching system SFAs must:

• Have a username and password to access the SED Business Portal with entitlements to the NYSSIS system
• Search the direct certification data by last name or date of birth for a specific student that was selected for verification
• If the student is found on the list, the student is eligible for free meal benefits. Verification is considered complete and further documentation is not needed from the family to confirm eligibility.
• If the student is not found on the direct certification list, you must continue verification efforts. You must notify the family that they have been selected for verification and request documentation to confirm eligibility.
• Keep a record of directly verified students on file for 3 years plus the current year.

Verification of eligibility for households that provided an Assistance Program case number on the application may also be accomplished by submitting a list of names and Assistance Program case numbers to the local SNAP or assistance office for confirmation of certification of receipt of benefits from agency records. Please see Attachment B for the prototype letter that may be used.

If information provided by the public agency does not verify eligibility or if you are not able to find the student through the direct certification matching data, the SFA must proceed with regular verification activities. The SFA must complete direct verification immediately following the October 1 verification sample selection, so that households not directly verified can be contacted for verification information in a timely manner.

If information obtained through this process verifies that the household is participating in an assistance program no additional verification is required. The eligibility status of the child or children listed on the application is considered verified and a letter informing the household of its selection for verification is not required.

When an application is selected for verification and, prior to hearing back from the household in question, that household is found on a direct certification list, the application does not have to be replaced in the verification sample pool. The application would be marked as a direct certification in the appropriate box in Section 3 of the verification collection report. SFAs should include these applications in Field 5-5 (Number of applications selected for verification) of the verification collection report and indicate the number of these applications that are being converted to direct certification in the remarks portion of the verification collection report.

To continue the verification process subsequent to household notification, the SFA must either determine:

• If the household has submitted adequate information to complete its individual verification activity; or
• If follow-up with the household is needed.

Following Up with Households

SFAs must make at least one attempt to contact the household when the household does not adequately respond to the request for verification. The required follow up can be done in writing (letter or e-mail), or by telephone or text message. The SFA must document that contact was attempted and ensure the LEP households are provided adequate language assistance and understand the need to respond to the verification request.  Please see the “Non-Responders” section for steps to take if a family does not respond to verification.

The SFA must make a follow-up attempt when the household:

• Does not respond to the initial request for verification
• Submits insufficient or obsolete written evidence
• Does not designate collateral contacts
• Collateral contacts are unable or unwilling to provide the requested evidence

When following up with households, the SFA:

• Must inform the household that failure to provide adequate written evidence or to designate an adequate collateral contact will result in termination of benefits
• Must attempt to obtain the missing written evidence or collateral contact information
• Must contact the household to complete the verification process, if the collateral contact is unwilling or unable to provide the requested information

SFAs are encouraged but not required to do additional follow-up attempts if a household fails to provide adequate documentation after the required follow-up. If the household does not respond or fails to provide adequate documentation after the required follow-up and, if applicable, additional follow-ups, verification is considered complete for the household when notice of adverse action is sent.

If, after at least one follow-up attempt, the household responds and provides all needed evidence, verification is considered complete for this household.

 The SFA would complete verification by:

• Informing the household that there is no change in benefits;
• Notifying the household that its benefits will be increased; or
• Sending notice of adverse action

It is recommended that SFAs use the NYSED prototype letters of verification results (Attachments C, D & E) as these prototype letters contain all required information.

• If verification results in higher benefits (e.g., a child who is moved from reduced price to free category), the change is effective immediately and must be implemented no later than 3 operating days.
• All households for whom benefits are to be reduced or terminated as a result of verification must be given 10 calendar days advance written notice of the change.

Note: If a family’s benefits are reduced as a result of verification (e.g., because they failed to respond or did not submit sufficient information to substantiate their income) and during the school year the family re-applies, the SFA must verify the new application prior to the family being approved for benefits.  If the family refuses to provide the required information, free or reduced-price benefits must be denied.

Any household which fails to submit requested verification documentation by the date specified by the SFA or submits verification information which does not support the initial determination of eligibility, must be sent a notice that benefits will be reduced or terminated in 10 calendar days. Please see Attachment C for the prototype “Letter of Verification Results and Change in Eligibility.”

SFAs must take the following actions if the household fails to cooperate with verification efforts:

• SFAs must follow up with families who do not respond to initial verification efforts with at least one attempt in writing (including to a parent or guardian’s email) or by telephone or text message. All attempts must be documented and ensure that LEP households are provided adequate language assistance and understand the need to respond to the verification request.  Additional follow up after this is encouraged but not required.
  • SFAs may contract with a third party to make additional attempts to follow up with non-responders.
• Prior to actual reduction in benefits or termination of benefits, 10 calendar days advance written notification must be provided to the household.
  • The first day of the 10-calendar day advance notification must be the day the notice is sent to the household.
• The notice must advise the household of a change in benefits, reason for the change, the right to appeal and that an appeal must be filed within the 10 calendar days advance notice period to ensure continued benefits while awaiting a hearing and decision, how and when the appeal must be filed, and that the household may re-apply for meal benefits.
  • If the household provides information that confirms their eligibility within the 10 calendar days, the family must continue to receive benefits.
  • If there is no response, benefits must be terminated on day 11.
• Reductions or changes in benefits must be extended to all children in the household who were originally determined to be eligible by information that no longer supports the benefit level.
• Households that appeal the reduction or termination of benefits within the 10-calendar day notice must continue to receive benefits until the decision of the hearing official is made.  

The following demonstrates how an SFA determines whether or not the household adequately responded and whether follow-up is required.

• The household submits either adequate written evidence or collateral contact corroboration of income or categorical eligibility:
  • Verification is considered complete for this household;
• The household submits either adequate written evidence or collateral contact corroboration of income which indicates that the child(ren) should receive either a greater or lesser level of benefits:
  • Verification is considered complete for this household when the notice of adverse action is sent or household is notified that its benefits will be increased or decreased;
• The household indicates, verbally or in writing, that it no longer wishes to receive free or reduced-price benefits:
  • Verification is considered complete when the notice of adverse action is sent;
• The application provides case numbers and it is determined that no household member is receiving benefits from an Assistance Program:
  •  Verification is considered complete when the notice of adverse action is sent.
• The household does not respond or fails to provide adequate documentation after the required follow up or the household refuses to cooperate with verification efforts.
  • Verification is considered complete when the notice of adverse action is sent.

The SFA must retain all documents submitted by the household or duplicates of those documents, including all relevant correspondence between the SFA and households. You may document and/or note information directly on the application when contacting families for further information.  A separate sheet of paper can also be attached. If the documents cannot be kept, the verifying official must make a written record of the documents submitted. Copies of all relevant correspondence between the households selected for verification and the school must be maintained with program records for three years plus the current year.

For each application verified, SFAs must maintain records documenting:

• The source of information used to verify the application
  • Documentation may include a wage stub or documentation from employer or collateral contacts
• Any changes in eligibility as a result of verification, including:
  • the changes
  • the reason for the changes
  • date the changes were made
  • records of follow-up attempts and results

Program regulations also require SFAs to maintain a description of their verification activities.

This includes:

• the total number of applications on file as of October 1
• a summary of the verification efforts, including the selection process
• the percentage and number of applications that have been verified
• the SFA must also be able to demonstrate compliance with the confirmation review requirement and provision of a no-cost telephone number for assistance in the verification process

The procedures discussed above refer to the required verification process. Applications that are verified “for cause” are in addition to the annually required verification process. SFAs have an obligation to verify all questionable applications (verification “for cause”). SFAs must verify any questionable application including, on a case-by-case basis, verifying any application for cause when the SFA is aware of additional income or persons in the household.

Only after the determination of eligibility has been made can the SFA begin the verification process. Determining officials are strongly encouraged to contact the household during the certification process to clarify any information that is unclear or questionable, before certifying the application and proceeding with verification for cause. Once households have been requested to provide documentation for cause, the SFA must complete the verification process for these households.

It is important to note that the restriction on sample size does not apply to a State’s ability to conduct application verification activities connected to its general oversight responsibilities. For cause may include, but is not limited to, situations where school officials have knowledge of household circumstances that would cause them to verify the information on the application.

SFAs should follow the verification procedures outlined above when verifying an application “for cause”.

If the household fails to submit requested verification information by the date specified by the SFA or submits verification information that does not support the initial determination of eligibility, the household must be sent a notice of adverse action to terminate the free or reduced meal benefits.

The number of applications verified "for cause" and the results of verifying those applications must be reported on the Verification Collection Report (Question VC1). The applications “verified for cause” do not contribute toward your required sample size for the annual verification requirement. Please read the Verification Collection Report Instructions carefully.

SFAs that are required to conduct income verification will appear on the list below, which also includes an indicator of the allowable sampling methods for each SFA.