COB(LEGAL) - FOOD AND NUTRITION MANAGEMENT: FREE AND REDUCED-PRICE MEALS

Free andReduced-Price Meals

Eligibility Appeals

Each local educational agency (LEA) of a school participating in the National School Lunch Program (NSLP), SBP, or the Special Milk Program (7 C.F.R. Part 215) or of a commodity-only school shall establish a hearing procedure under which:

  1. A family can appeal from a decision made by the LEA with respect to an application the family has made for free or reduced-price meals or for free milk, and
  2. The LEA can challenge the continued eligibility of any child for a free or reduced-price meal or for free milk. The hearing procedure shall provide for both the family and the local educational agency:
    1. A simple, publicly announced method to make an oral or written request for a hearing;
    2. An opportunity to be assisted or represented by an attorney or other person;
    3. An opportunity to examine, prior to and during the hearing, any documents and records presented to support the decision under appeal;
    4. That the hearing shall be held with reasonable promptness and convenience, and that adequate notice shall be given as to the time and place of the hearing;
    5. An opportunity to present oral or documentary evidence and arguments supporting a position without undue interference;
    6. An opportunity to question or refute any testimony or other evidence and to confront and cross-examine any adverse witnesses;
    7. That the hearing shall be conducted and the decision made by a hearing official who did not participate in making the decision under appeal or in any previously held conference;
    8. That the decision of the hearing official shall be based on the oral and documentary evidence presented at the hearing and made a part of the hearing record;
    9. That the parties concerned and any designated representative shall be notified in writing of the decision of the hearing official;
    10. That a written record shall be prepared with respect to each hearing, which shall include the challenge or the decision under appeal, any documentary evidence and a summary of any oral testimony presented at the hearing, the decision of the hearing official, including the reasons therefor, and a copy of the notification to the parties concerned of the decision of the hearing official; and
    11. That the written record of each hearing shall be preserved for a period of three years and shall be available for examination by the parties concerned or their representatives at any reasonable time and place during that period.

"Local Educational Agency"

Claims for Reimbursement

Internal Controls

On-Site Reviews

Nondiscrimination and Confidentiality

Nondiscrimination

  1. Title VI of the Civil Rights Act of 1964,
  2. Title IX of the Education Amendments of 1972,
  3. Section 504 of the Rehabilitation Act of 1973,
  4. The Age Discrimination Act of 1975,
  5. The U.S. Department of Agriculture (USDA) regulations on nondiscrimination (7 C.F.R. parts 15, 15a, and 15b), and
  6. Food and Nutrition Service (FNS) Instruction 113-1.

7 C.F.R. 210.23(b)

Note: FNS Instruction 113-1, USDA posters and nondiscrimination statement for use by SFAs for all FNS programs, and other information may be found on the USDA FNS Civil Rights website. For information on handling civil rights complaints, see TDA's Administrator's Reference ManualAdministrator's Reference Manual, Section 19.

SFAs participating in the NSLP, SBP, Special Milk Program, or commodity-only schools shall take all actions that are necessary to ensure compliance with the following nondiscrimination practices for children eligible to receive free and reduced-price meals or free milk:

  1. The names of the children shall not be published, posted or announced in any manner;
  2. There shall be no overt identification of any of the children by the use of special tokens or tickets or by any other means;
  3. The children shall not be required to work for their meals or milk;
  4. The children shall not be required to use a separate dining area, go through a separate serving line, enter the dining area through a separate entrance or consume their meals or milk at a different time; and
  5. When more than one lunch or breakfast or type of milk is offered which meets the requirements prescribed in applicable federal regulations, the children shall have the same choice of meals or milk that is available to those children who pay the full price for their meal or milk.

Confidentiality

The use or disclosure of any information obtained from an application for free or reduced-price meals, or from a state or local agency referred to in 7 U.S.C. 1758(b)(3)(F), (4), or (5) shall be limited in accordance with section 9 of the Richard B. Russell National School Lunch Act. 42 U.S.C. 1758(b)(6); 7 C.F.R. 245.6(f)–(j)

Unauthorized Disclosure or Misuse of Information

Note: For more information regarding confidentiality and disclosure of information, see the TDA's Administrator's Reference ManualAdministrator's Reference Manual, Section 16.

School Meals Program Options

  1. Participate in the national program and extend its benefits to all eligible students in the school or schools; or
  2. Develop and implement a locally funded program to provide free meals, including breakfast and lunch, to each student eligible for free meals under federal law and reduced-price meals, including breakfast and lunch, to each student eligible for reduced-price meals under federal law, provided that the reduced price may not exceed the maximum allowable rate under federal law.

Free Breakfast

Waiver

Education Code 33.901

Summer Nutrition Program

Notice from TDA

Notice to TDA

Required Documentation

Waiver

  1. The district has worked with the TDA field offices to identify another possible provider for the program in the district, and the district provides documentation, verified by TDA, showing that:
    1. There are fewer than 100 children in the district currently eligible for the national free or reduced-price lunch program;
    2. Transportation to enable district students to participate in the program is an insurmountable obstacle to the district's ability to provide or arrange for the provision of the program despite consultation by the district with public transit providers;
    3. The district is unable to provide or arrange for the provision of a program due to renovation or construction of district facilities and the unavailability of an appropriate alternate provider or site; or
    4. The district is unable to provide or arrange for the provision of a program due to another specified extenuating circumstance and the unavailability of an appropriate alternate provider or site; or
  2. The cost to the district to provide or arrange for provision of a program would be cost-prohibitive, as determined by TDA using the criteria and methodology established by TDA rule.

Agriculture Code 12.0029(f); 4 TAC 25.601(d), (e)

Alternate Provider

Community Eligibility Provision

  1. Have an identified student percentage of at least 40 percent, as of April 1 of the school year prior to participating in the CEP, unless otherwise specified by the USDA Food and Nutrition Service (FNS). Individual schools participating in a group may have less than 40 percent identified students, provided that the average identified student percentage for the group is at least 40 percent.
  2. Participate in the NSLP and SBP for the duration of the four-year cycle. Schools that operate on a limited schedule, where it is not operationally feasible to offer both lunch and breakfast, may elect CEP with FNS approval.
  3. Comply with the procedures and requirements specified in 7 C.F.R. 245.9(f)(4) to participate in the CEP.

7 C.F.R. 245.9(f)(3)

Brazosport ISD

COB(LEGAL)-P

UPDATE 113

DATE ISSUED: 5/29/2019