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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Office of P-20 Education Policy
Child Nutrition Program Administration
89 Washington Avenue, Room 375 EBA, Albany, NY 12234
Phone: (518) 473-8781 Fax: (518) 473-0018
To: 
School Food Service Directors/Managers
From: 
Frances N. O'Donnell, Coordinator
Date: 
Tuesday, November 1, 2005
Subject: 
Submission of Free and Reduced Price Applications By All Households

With increasing frequency, school officials are requiring the submission of a free and reduced price meal application from all households with children enrolled in their school regardless of whether the household wishes to make application for free or reduced price meal benefits.

    The National School Lunch Program, which includes snacks, the School Breakfast Program and the Special Milk Program, require that school food authorities inform households of the availability of the program(s) and how a household may apply for free and reduced prices benefits (7 CFR245.5).  However, neither the National School Lunch Act, the Child Nutrition Act, or the regulations and guidance material governing these programs establish a requirement that would mandate submission of an application for free or reduced price benefits.  While school officials must make families aware of the availability of free and reduced price meals and may even request that households apply, school officials may not requirethat a household submit an application for free or reduced price meal benefits.  A school or school food authority wishing to require income information from all households with enrolled children must secure that income information through means other than the household's application for free or reduced price school meal benefits.

    This policy takes effect immediately and does not require retroactive implementation.

USDA Nondiscrimination Statement

In accordance with federal civil rights law and USDA civil rights regulations and policies, the USDA, its agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the state or local agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

  1. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410;
  2. Fax: (202) 690-7442; or
  3. Email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

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