National School Lunch Program

The Healthy, Hunger-Free Kids Act of 2010 (the Act), Public law 111-296, clarifies requirements for participation in evaluations, studies and research in the Child Nutrition Programs.

This memorandum is a reminder to Local Educational Agencies (LEAs) of their responsibilities to Limited English Proficient (LEP) households in the upcoming 2012-2013 school year.  It reflects the guidance issued by the Food and Nutrition Service (FNS) in December of 2011, which may be referenced under

Recently, concerns have been raised about school employees allegedly misrepresenting their incomes on applications to receive free or reduced price school meals for their children.  As a result, USDA has been asked if a local education agency (LEA) may use the salary information of their own employees, maintained for business purposes, as a tool to implement verification for cause and help ensure the integrity of free and reduced price certifications.  This memorandum clarifies the use of verification for cause by LEAs in this manner..

We have received many questions regarding whether or not students must have a specific amount of time for lunch during the school day.

Chapter 296 of the Laws of 1994 amended Education Law to require all public schools to schedule a time for full-day students to eat lunch daily.

This memorandum serves as guidance on the requirements for preventing overt identification of children certified for free or reduced price school meals, and provides suggestions about methods school food authorities (SFAs) could use to avoid overt identification as much as possible.

Defining Overt Identification

Many of you often ask questions regarding the direct certification process for homeless, runaway and migrant children and youth as defined by the McKinney-Vento Act. I have enclosed a summary which explains the law and the responsibilities of public schools to accommodate these students with access to free meals if the school participates in the federal Child Nutrition Programs.

We strongly recommend you contact your homeless liaison so you can partner with them to provide eligible homeless children with free meals as quickly as possible.

The attached message was sent to superintendents, principals and executive directors of non public schools to inform them of the changes in meal pattern regulations for 2012-2013.

Attachment

The appropriation provided in the 2008-2009 New York State Budget for the 2008-09 school year for the school lunch and breakfast programs resulted in a two percent cut to State reimbursement. The budget language specifically states that such reimbursement shall be limited to 98 percent of the State reimbursement rates that were applicable in the 2007-08 school year. All prior year claims received for payment in the 2008-09 fiscal year were not subject to the 2% cut.

When filing claims for reimbursement, the person responsible for completing the report should use the highest number of free and reduced price eligible students approved during the month for every month except October. This is true whether you are completing claims on-line or paper. The reason you must report the highest number of students throughout the month is because the number of students eligible in the school/facility on the last day does not necessarily reflect the highest number of free and reduced price students served during the month.

Any meals or milk served to students who are on a vacation break are not eligible for reimbursement. It is the intent of the law that only those children who are participating in the normal educational process be eligible for meals or milk under the National School Lunch, School Breakfast and Special Milk Programs.