Original Agreement and Policy Statement for the 2015-2016 School Year Distance Learning April 2,...

Original Agreement and Policy Statement for the 2015-2016 School Year

Distance LearningApril 2, 2015

Karen Franklin, SNS

Why?• Each year the state of Arkansas and the United

States Department of Agriculture (USDA) have an agreement – USDA will:• Interpret legislation and laws• Provide policies, guidance and instructions• Pay claims to fund child nutrition programs

WHEN FUNDS ARE MADE AVAILABLE for them to do so…if funding is not provided USDA is not obligated to pay

Why?• Arkansas Department of Education

(ADE) will:• Administer the Child Nutrition Programs

(CNP) in the Arkansas public schools according to federal and state laws and regulations• Monitor as required• Train child nutrition personnel in program

management• Pay claims when funds are provided from

USDA

Why?• The state of Arkansas through ADE Child

Nutrition Unit (CNU) has an agreement with each School Food Authority/Local Education Agency (SFA/LEA) – SFA/LEA will:• Follow all laws, rules and regulations for CNPs

– ADE CNU will:• Administer the CNP for SFA/LEA• Publish laws, rules, regulations • Pay claims to SFA/LEA if USDA provides the money

Why?

• The ADE/SFA Original Agreement and Policy Statement is being updated for the 2015-16 school year– In school years between Original Agreement and

Policy Statement there is a Renewal of Agreement and Policy Statement

– The Renewals give updated information for the new school year regarding changes in laws, rules and regulations

– The Renewals also give updated information for each school within a school district

What is the difference between the Agreement and the Policy Statement?

• Agreement: The SFA/LEA and ADE agreement regarding following all federal and state rules and regulations

• Policy Statement is methods and procedures the district will use in implementing the free and reduced price meals program:– Determine meal eligibility– Count and claim meals– Inform the public– Report to ADE, CNU the people responsible for each

aspect of the program

Agreement and Policy Statement

• MOST of the information and wording in the Original Agreement and Policy Statement are REQUIRED by regulation. (We don’t make this stuff up!!!)

• If you want to see the exact wording of USDA requirements look at 7 CFR 210, 220 and 245.

• Some Arkansas specific information and wording have been added to the USDA requirements.

Regulatory Authority

7 CFR 210 – National School Lunch Program7 CFR 220 – School Breakfast Program7 CFR 245 – Meal Eligibility (all meals)7 CFR 215 – Special Milk ProgramPublic Law 105-336 – Afterschool Snack Public Law 85-478 – Seamless Summer Option


• Public Law 108-265 – Increase access to food and nutrition assistance, simplify program operations and improve program integrity

• Public Law 111-296 Healthy Huger Free Kids Act of 2010

• 2 CFR 200 – Super-circular regarding grant funds, allowable, unallowable expenses, etc.


• Arkansas Code Annotated 20-7-134, 20-7-135 – Rules covering Nutrition and Physical Activity in Public Schools (Act 1220)

• Arkansas Code Annotated 20-7-134, 20-7-135 – Final Rules Governing Child Nutrition Certification

Original Agreement and Policy Statement 2015-16 SY

• Effective beginning 2015-16 school year • Signed by Superintendent, District Child

Nutrition Director, Director Child Nutrition Unit (Suzanne Davidson)

• Includes the regulatory citations indicating the requirements that are being agreed to between SFA and ADE.

Agreement Between SFA/LEA and ADE

THE ARKANSAS DEPARTMENT OF EDUCATION AGREES THAT, to the extent of funds available, it shall reimburse the School Food Authority in connection with meals served to school children in the indicated program(s) in schools listed in Program Schedule A, during the effective period of this Agreement..

This is why it is SOOO important that the district’s Schedule A be accurate at all times (updated as things change)

The Schedule A is what allows us to be able to reimburse the district for APPROVED programs.

School District (SFA/LEA)Agrees to:

Based on the 0riginal 2015-16 Agreement:

THE SCHOOL FOOD AUTHORITY AGREES THAT it will conform to the requirements in the conduct of all program(s):

School food authority and participating schools under its jurisdiction, shall comply with all provisions of 7 CFR Parts 210, 215, 220 and 245; 2 CFR 200 and all state and federal guidelines as applicable.


Maintain a nonprofit school food service and observe the limitations on the use of nonprofit school food service revenues set forth in the above mention regulations

Observe the limitations on any competitive foods and beverages as set forth in Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schools and USDA All Foods on Campus and Smart Snacks regulations


Limit its net cash resources to an amount that does not exceed three months average

expenditures for its nonprofit school food service.

Maintain a financial management system as prescribed under the above mentioned regulations.


Comply with the requirements of The Department’s (Arkansas Department of Education) regulations regarding financial management.

Serve lunches, during the lunch period, which meet the minimum requirements prescribed in

Sec. 210.10 or 210.10(a) whichever is applicable. (Lunch Meal Pattern requirements)


Serve breakfasts which meet the minimum requirements prescribed in Sec. 220.8 or 220.8(a), whichever is applicable, during a period designated as the breakfast period by the school Ref. Sec. 220.7(e)(2).

(Breakfast Meal Pattern Requirements)

Price the lunch and breakfast as a unit. (A set price for the meal, even if through Offer vs. Serve the student does not take all components

offered)


Serve lunches/breakfasts free or at a reduced price to all children who are determined by the

School Food Authority to be eligible for such meals under 7 CFR Part 245 Ref. Sec. 210.9(b)(7) and 220.7(e)(4). (Eligibility Manual for School Meals guidance published each school year – make sure using the current guidance)Claim reimbursement at the assigned rates only for

reimbursable free, reduced price and paid meals to eligible children in accordance with the above mentioned regulations.


The school food authority official signing the claim shall be responsible for reviewing and analyzing meal counts to insure accuracy as specified in Sec. 210.8 governing claims for reimbursement.

Failure to submit accurate claims will result in the recovery of an over-claim and may result in the withholding of payments, and/or suspension or termination of the program as specified in Sec. 210.25.


If failure to submit accurate claims reflects embezzlement, willful misapplication of funds, theft, or fraudulent activity, the penalties specified in Sec. 210.26 shall apply Ref. Sec. 210.9(b)(8) [fines, imprisonment]Count the number of free, reduced price and paid reimbursable meals served to eligible children at the point of service.


Submit Claims for Reimbursement in accordance with Secs. 210.8, 215.10 and 220.11, Ref. Secs. 210.9(b)(10), 215.7(d)(5) and 220.7(e)(7).

THIS IS A VERY BIG DEAL…IF THE PERSON SIGNING THE CLAIM IS NOT LOOKING AT THE DOCUMENTATION TO SUPPORT THE CLAIM THERE IS A HUGE PROBLEM.

School District (SFA/LEA)Agrees to: (Civil Rights)

The program applicant hereby agrees that it will comply with:• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), • Title IX of the Education Amendments 1972 (20 U.S.C. 1681 et seq.), • Section 504 of the Rehabilitation Act 1973 (29 U.S.C. 794), • The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), • All provisions required by the implementing regulations of the

Department of Agriculture, Department of Justice EnforcementGuidelines, 28 CFR 50.3 and 42, and Food and Nutrition

Services (FNS) directives and guidelines


…to the effect that, no person shall, on the grounds of race, color, national origin, sex, age or disability, be

excluded from participation in, be denied benefits of, or otherwise be subject to discrimination under any program or activity for which the program applicant receives federal financial assistance from FNS; and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement” (7 CFR part 15).

NEW USDA Policy Memo

• There is NEW Policy Memo from USDA (SP 31-2015) published on March 20, 2015 titled: Guidance on Prohibition of Separation by Gender during Child Nutrition Program Meal Service. Expect a Commissioner’s Memo soon.

SP 31-2015

• In general, SFAs participating in the Child Nutrition Programs are not permitted to separate children on any protected basis during the service of Program meals or snacks, in keeping with Federal non-discrimination laws and policies as outlined for the Department of Agriculture (USDA) programs in 7 CFR Parts 15, 15a, and 15b. Federal law prohibits discrimination based on gender at any educational institution receiving Federal assistance.


Child Nutrition Programs are prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability.

(USDA changed the non-discrimination statement to be used by child nutrition programs beginning 2013-14 school year. The new statement includes information for ALL USDA programs. The child nutrition program DOES NOT observe ALL of the protected groups in the statement – only the ones listed above!!!)


The program applicant agrees to compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws…

and permit authorized United States Department of Agriculture (USDA) personnel during normal working hours to review such records, books and accounts as needed to ascertain compliance with the nondiscrimination laws.


If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance.

This assurance is binding on the program applicant and its successors, transferees and assignees, as long as they receive assistance or retain possession of any assistance from the Department.


Make no discrimination against any child because of his or her eligibility for free or reduced price meals in accordance with the approved Free and Reduced Price Policy Statement.

(The Policy Statement is part of the Agreement and covers the Free and Reduced Price meal eligibility process, determinations, verification, etc.)


Enter into an agreement to receive donated foods as required by 7 CFR Part 250. Ref. Sec.

210.9(b)(13). (meaning: USDA Donated Foods or Commodities)


Maintain, in the storage, preparation and service of food, proper sanitation and health standards in conformance with all applicable State and local laws and regulations.

Accept and use, in as large quantities as may be efficiently utilized in its nonprofit school food service, such foods as may be offered as a donation by the Department.


• Maintain necessary facilities for storing, preparing and serving food. Reference Sections 210.9(b)(16) and 220.7(e)(11).


Upon request, make all accounts and records pertaining to its school food service/milk program available to the State agency and to FNS, for audit or review, at a reasonable time and place.

Such records shall be retained for a period of three years after the date of the final Claim for Reimbursement for the fiscal year to which they pertain, except that if audit findings have not been resolved, the records shall be retained beyond the three-year period as long as required for resolution of the issue raised by the audit. (Arkansas state law requires 5 year retention of records.)


Maintain files of currently approved and denied free and reduced price applications respectively, and the names of children approved for free lunch based on documentation certifying that the child is included in a household approved to receive benefits under the Supplemental Nutrition Assistance Program (SNAP).

If applications are maintained at the school food authority level, they shall be readily retrievable by school. Ref. Sec. 210.9(b)(18).


Retain the individual applications for free and reduced price lunches/breakfasts/free milk/afterschool snacks submitted by families for a period of three years after the end of the fiscal year to which they pertain or as otherwise specified under paragraphs 210.9(b)(17), 215.7(d)(8) and 220.7(e)(14). (Arkansas law requires 5 year retention of records)


Federal requirement: Provide the State agency with a list of all schools under its jurisdiction in which 50 percent or

more of enrolled children have been determined eligible for free or reduced price meals as of October 1st of each school year. Ref 210.9(b)(20). [Arkansas requires more detailed F/R information in the October 1 Cycle 2

Report]The program applicant hereby agrees that it will comply with

the Drug-Free Workplace Act of 1988, Title V Subtitle D: and 7CFR Part 3017, Subpart F.


The program applicant hereby agrees to comply with USDA regulation requirement of implementation of a district “Wellness Policy”. The applicant has attached the Wellness Policy Declaration Page and either the completed “Wellness Policy Checklist”, the Checklist with attachments, or has attached the district’s approved Wellness Policy. Public Law 108-265.


The program applicant hereby agrees to implement a Food Safety Plan for all serving sites using as a reference

Hazard Analysis Critical Control Points (HACCP) in compliance with Public Law 108-265.The program applicant hereby agrees to abide by The Final

Rules Governing Child Nutrition Certification as described in Commissioner’s Memo IA-05-094. Ark. Code Ann. 20-7-134, 20-7-135.


The program applicant hereby agrees to use the Direct Certification information supplied by the Arkansas Department of Education to certify students listed as eligible for Free meal benefits. 7 CFR Part 245.6a, Part 25.11. The program applicant hereby agrees to have two health inspections at each serving site each school year. Public Law 108-265 amended Section 9 (h) of the Richard B. Russell National School Lunch Act.

Special Milk Program

The Special Milk Program (SMP) is only available to SFA/LEAs that DO NOT HAVE the School Breakfast Program (SBP) or the National School Lunch Program (NSLP). At this time all of the public schools in Arkansas have the SBP and NSLP, therefore are not eligible for the SMP.

Afterschool Snack

Afterschool Snack authority and regulations are part of 7 CFR 210 (the NSLP regulations), therefore the information about Afterschool Snack is included as part of the Original Agreement.

For an SFA/LEA to use the Afterschool Snack program a Schedule B must be completed EACH SCHOOL YEAR to indicate which schools will be serving Afterschool Snacks. While the Schedule B is part of the Agreement it can be completed anytime during the school year the district decides to start using the program. Complete the Schedule B and submit to ADE CNU at least two weeks prior to beginning the snack meal service in order for approval to be received and claims to be paid.

Afterschool Snack

• The Afterschool Snack Program(s) is operated only by those school food authorities with eligible schools (as defined in Sec. 210.10(n)(1)) that elect to serve meal supplements during afterschool care programs shall agree to:– Serve meal supplements which meet the minimum

requirements prescribed in Sec. 210.10;– Price the meal supplement as a unit;– Serve meal supplements free or at a reduced price to

all children who are determined by the school food authority to be eligible for free or reduced price school meals under 7 CFR part 245;

Afterschool Snack

• If charging for meals, the charge for a reduced price meal supplement shall not exceed 15 cents;

• Claim reimbursement at the assigned rates only for meal supplements served in accordance with the agreement;

• Claim reimbursement for no more than one meal supplement per child per day;

Afterschool Snack • Review each afterschool care program two times a

year; the first review shall be made during the first four weeks that the school is in operation each school year, except that an afterschool care program operating year round shall be reviewed during the first four weeks of its initial year of operation, once more during its first year of operation, and twice each school year thereafter; and

• Comply with all requirements of this part, except that, claims for reimbursement need not be based on “point of service” meal supplement counts (as required by Sec. 210.9(b)(9).

Seamless Summer OptionSeamless Summer Option authority and regulations are part of 7 CFR 210 (the NSLP regulations), therefore the information about Seamless Summer is included as part of the Original Agreement.

For an SFA/LEA to use the Seamless Summer Option a Schedule C-xx must be completed EACH SCHOOL YEAR to indicate which schools will be serving Seamless Summer meals. While the Schedule C-xx is part of the Agreement it can be completed when the district decides to start using the program. Complete the Schedule C-xx and submit to ADE CNU at least two weeks prior to beginning the Seamless Summer Option meal service in order for approval to be received and claims to be paid.

Seamless Summer Option

A Commissioner’s Memo is published each spring to give SFA/LEAs information about summer meal options available. The Memo regarding summer meal options for the summer of 2015 is FIN-15-083.

This memo explains the options SFA/LEAs have in providing meals to children during the summer when school is not in session.

This memo gives comparison chart of reimbursement paid for all summer feeding options available. (ADE regular summer, ADE Seamless Summer, DHS Summer Food Service Program – SFSP)

Seamless Summer OptionThis option combines features of the National School Lunch

Program (NSLP), the School Breakfast Program (SBP), and the Summer Food Service Program (SFSP). The purpose of this option is to feed children in low-

income areas during the summer months (or during extended breaks of a year-round school schedule). This option reduces paperwork and administrative burden that is normally associated with operating all three programs.

The SFA/LEA will follow requirements, where applicable, in the NSLP and SBP regulations at 7 CFR Parts 210, 220 and 225 for this option.

Seamless Summer OptionThe location and description of the option site, percentage of

Free/Reduced price meals, type of site and method of advertisement are listed on Schedule C-xx

Schedule C-15 is for Seamless Summer Option meals served in the summer of 2015.

Schedule C-16 is for Seamless Summer Option meals served in the summer of 2016.

Schedule C-xx – the “xx” is for the year the meals are being served.

ADE & SFA Agree:1. Agreement, Agreement Attachments, Policy

Statement and Policy Statement Attachments, Schedules A, B, and C are part of the agreement.

2. Schools may be added or deleted as needed to the Schedule A, however must be approved by the Department.

3. ADE will notify District of changes in meal pattern or reimbursement. (For example: the lunch meal pattern changes that took effect for the 2012-13 school year and the breakfast meal pattern changes that took effect for the 2014-15 school year.)

ADE & SFA Agree:4. For the purpose of this Agreement, the following terms mean:Adult: A person who is not a student of high school grade or under in a school as defined in 210.2Meals: Food served at a school under the indicated program(s) which meets the applicable nutritional requirements set forth in regulations. “Meals” mean breakfast, lunch, afterschool snack, or special milk, whichever is applicable.Nonprofit Food Service: All food service operations conducted by the school food authority principally for the benefit of school children, all revenue from which is solely for the operation or improvement of such food service. Ref. 210.2.

ADE & SFA Agree:

School: An educational unit of high school grade or under operating under public ownership in a single building or complex of buildings. The term “high school grade or under” includes classes of pre-primary grades, when they are recognized as a part of the educational system in the State (Ref. 210.2), or when they are conducted in a school having classes of primary or higher grades, regardless of whether such pre-primary classes are recognized as part of the educational system of the state.

ADE & SFA Agree:

School Food Authority/Local Education Agency: The governing body which is responsible for the administration of one or more schools and which has the legal authority to operate lunch, breakfast, special milk programs, or Afterschool Snack therein. Ref. 210.2.

ADE & SFA Agree:

5. This Agreement will be effective from July 1, 2015 through June 30, 2016 for days of operation specified on page 1 of Agreement. The Department may renew the Agreement for each school year, thereafter, by notice in writing given to the school food authority. (the Renewal Agreement).

ADE & SFA Agree:6. This Agreement may be terminated upon ten

days written notice on the part of either party hereto, and The Department may terminate this Agreement immediately upon receipt of evidence that the terms and conditions of this Agreement or any of the regulations have not been fully complied with by the school food authority. Any termination of this Agreement by The Department shall be in accord with applicable laws and regulations.

ADE & SFA Agree:

7. The terms of this Agreement shall not be modified or changed in any way, other than with the consent in writing of both parties.

Record Keeping Requirements:

The School Food Authority/Local Education Agency (SFA/LEA) shall keep full and accurate records of the food service program(s). These records serve as a basis for claims for reimbursement and for audit and review purposes. The records to be kept in each program shall include the following:


1. Food Service (By Actual Count at Point of Service for Lunch, Breakfast and Afterschool Snack). A. Daily number of meals served to children at full price B. Daily number of meals served free to children C. Daily number of meals served to children at reduced price


2. Program Income (Receipts)A. From opening cash balanceB. From Federal reimbursementC. From reimbursable student mealsD. From adult mealsE. From a la carte salesF. From contract mealsG. From loans to programH. From all other sources, (i.e. Pouring Rights Contracts,

interest, etc.)This information is EXACTLY the information required on the monthly Claim for Reimbursement.

Record Keeping Requirements:3. Program Expenditures A. For food B. For labor C. For loan repayment D. For other expenditures

4. Program Account Balance A. Reconcile account balance with bank balance on a monthly basis.

Record Keeping Requirements: 5. Value of Donations to Programs•Donated foods, exclusive of foods donated by the USDA•Donated services•All donations other than food and services

6. Program Management•Cycle menus and production records for lunches and breakfasts•Nutrient analysis and Child Nutrition (CN) labels or product analysis for all pre-prepared products•Standardized recipes•USDA commodity records

Record Keeping Requirements:6. Program Management (con’t.)– Free and reduced price meal applications and/or

documentation of direct certification– Hearings on free lunch eligibility– Documentation of student and parent involvement– Record of compliance with procurement regulations– Documentation required on verification of eligibility – Documentation of Verification Collection Report (FNS-

742) by December 15th


6. Program Management (con’t.)– Edit checks– On-site reviews if school food authority operated

more than one serving site by February 1st (The requirement changed in 2008 to require On-Site Reviews to be performed at ALL serving sites, even if only one serving site per SFA/LEA)

– ORIGINAL AGREEMENT between SFA/LEA and Arkansas Department of Education and the Policy Statement for Free and Reduced Price Meals, attachments and all Renewal of Agreements

– Procurement Plan


6. Program Management (con’t.)– Audit reports and written responses– Civil Rights complaints and resolutions– Claim for Reimbursement (with all back-up

documentation to support each claim)– Wellness Policy documentation for School District– Food Safety Plan documentation for each school

preparation and serving site– Health Inspections documentation (2 per school year

at each serving and preparation site)

Menu Planning

Commissioner’s Memo FIN-12-070.

The only menu planning option available for school child nutrition programs is the Traditional Meal Pattern, based on service of required meal components. All SFA/LEAs were required to be in compliance with the lunch meal pattern requirements that went into effect July 1, 2012 and the breakfast meal pattern requirements that went into effect July 1, 2013 with phased in changes beginning July 1, 2014.

Procurement Plan and Procedures:

• Provides the federal and state regulatory citations for proper purchasing using child nutrition program money.

• Requires the SFA/LEA to declare if they are involved in a purchasing cooperative.

• Requires statement for SFA/LEA as to who in the district is authorized to spend child nutrition funds.

• Requires the SFA/LEA to provide the employee code of conduct that will be followed when purchasing with child nutrition funds (federal regulations are more strict than state).


• Requires SFA/LEA procedures for child nutrition purchases at three different levels:• Over $150,000• Between $10,000 and $150,000• Under $10,000

It is very important that the SFA/LEA review the Procurement Plan and Procedures each year prior to determine if the original plan needs to be updated with accurate information.


• Requires the SFA/LEA to provide information regarding vending or pouring rights contracts in effect at each school.

• Requires the SFA/LEA to submit copies of all vending or pouring rights contracts as part of the Agreement or Renewal of Agreement if new contracts are signed or if contracts are updated.

Civil Rights and Section 504 of Rehabilitation Act of 1973:

Requires the district to:•Provide the method that will be used to collect racial and ethnic data for program participants. •Provide the method that will be used for determining whether there is a disproportionate number of denied applications by minority groups. •State the method that will be used to provide child nutrition program bilingual materials to households that need them. •State the plan for displaying USDA Civil Rights poster. •State the plan for protecting the confidentiality of Civil Rights information.


Requires the district to:•State the plan for displaying USDA Civil Rights poster. •State the plan for protecting the confidentiality of Civil Rights information. •Provide the plan for informing the parents or guardians of students in schools participating in the school nutrition programs, as well as local minority and grass root organizations, of the availability of program benefits and services, the nondiscrimination policy and all significant changes in existing requirements that pertain to program eligibility benefits.


Requires the district to:•State the procedure to determine and process Civil Rights Complaints. •State the plan to comply with Section 504 of the Rehabilitation Act of 1973 regulations in your Child Nutrition Programs, including:• Accessibility of school food service facilities• Special dietary needs

Also includes a “Sample Complaint Form” for submitting a civil rights complaint allegation to USDA.

Food Safety Plan

• Each school serving or preparation site must have a Food Safety Plan that incorporates Hazard Analysis Critical Control Points (HACCP)

• Statement signed by Child Nutrition Director assuring that each site will have a Food Safety Plan and that the Plan will be on file at each site.

Health Inspection Statement

• SFA agrees to have two health inspections each school year

• SFA agrees to post the latest health inspection in public area

• SFA agrees to provide copy of health inspections when requested for monitoring purposes.

• Signed by Child Nutrition Director

Free & Reduced Price MealPolicy Statement

Original Policy Statement

• Part of the 2015-16 Original Agreement• Renewed each school year as part of the

Renewal of Policy Statement• The SFA/LEA accepts responsibility for

providing free and reduced price meals to eligible children in the schools under its jurisdiction.


SFA/LEA agrees to:1.Provide free meals to students that qualify for free meals based on completed household application or their status as categorically eligible. 2.Provide reduced price meals to students that qualify based on completed household application.


3. Limit reduced price charges to $.30 for breakfast, $.40 for lunch and $.15 for afterschool snacks.

4. Duration of student eligibility for entire school year unless:• Original determination was incorrect• Status changes based on verification• Household request decrease in benefit status


– Will not discriminate against a child based on their inability to pay full price for

meals– Names of eligible students will not be

published, posted or announced in any manner

– There will be no overt identification of students eligible for benefits.


5. Will not require eligible students to:– Work for their meals– Use separate dining room service areas– Go through separate serving line– Enter dining room through separate entrance– Eat meals at a different time– Eat a meal different from the meals sold to full

price students


6. Nondiscrimination - Operate the school nutrition programs so that no child shall be discriminated against because of race, sex, color, national origin, age, or disability.7. Verification - Verify eligibility of applicant

households in accordance with program regulations and annually maintain records


• Verification records:– Verification Collection Report (FNS-742)– Summary of verification efforts– Documentation of changes to eligibility based on

verification– All relevant correspondence between SFA and

households being verified– Copies of documents submitted to SFA for

verification purposes


• Appeals Process: SFA will establish and use a fair hearing procedure in which a household can appeal eligibility determination or reduction in benefits.

• SFA designates the Hearing Official – someone that has not been involved in any aspect of the eligibility determination (often this is the superintendent)


• SFA/LEA designates Hearing Official that shall ensure that the hearing procedure provides the following for both the household and SFA:– a publicly announced, simple method for making

an oral or written request for a hearing;– an opportunity to be assisted or represented by

an attorney or other person; – an opportunity to examine, prior to and during

the hearing, the documents and records presented to support the decision under appeal;


– reasonable promptness and convenience in scheduling a hearing and adequate notice as to time and place;

– an opportunity to present oral or documentary evidence and arguments supporting a position without undue interference;

– an opportunity to question or refute any testimony or other evidence and to confront and cross-examine any adverse witness(es);


– that the hearing be conducted and an official who did not participate in the decision under appeal or any previous conference make the decision. It is recommended that the hearing official hold a position at a higher administrative level than the determining official;

– that the decision of the hearing official be based on the oral and documentary evidence presented at the hearing and entered into the hearing record;

Original Policy Statement– that the parties concerned and their designated

representatives, if any, be notified in writing of the decision;

– that for each hearing a written record be prepared that includes: the decision under appeal, any documentary evidence, a summary of any oral testimony presented at the hearing, the decision of the hearing official and the reasons for that decision, and a copy of the notification to the parties concerned of the hearing official's decision; and


– that such written record must be retained for a period of 3 years after the end of the Federal fiscal year to which it pertains. These records must be made available for examination by the parties concerned or their designees at any reasonable time and place during such period. (Arkansas requires 5-year retention of records.)


• SFA/LEA designates Determining Official(s) to review applications and make eligibility determinations. Such officials will use the criteria outlined in the Policy Statement to determine which individual children are eligible for free and reduced price meals


• SFA/LEA designates Confirming Official that is responsible for confirming the correct eligibility determination on all applications selected for verification. (This person cannot be the determining and/or hearing official.)– This person is checking the original determination

on an application – cannot be the same person that made the determination (checking yourself…)


• SFA/LEA designates the Verifying Official to be responsible for completing verification requirements.

• SFA/LEA designates NSLA Data Reporting Official; Cycle 2 official that will certify source documents match Cycle 2 data prior to submission by district technology coordinator.

Original Policy Statement• Public Release (Media Release): SFA/LEA

agrees to submit a public/press release containing both the free and reduced price eligibility guidelines and other information contained in the parent letter to the local news media, local unemployment offices, local minority and grassroots organizations, and major employers contemplating or experiencing large layoffs.

Original Policy Statement• Applications Forms and Process – SFA/LEA

agrees to:– Develop and distribute to each household a notice

about program benefits and an application form for free and reduced price meals

– distributed at or about the beginning of each school year and whenever there is a change in eligibility criteria (not before July 1 unless in school July 1).


– The notice to households with the meal application attachment shall have only the income eligibility guidelines for reduced price meals with an explanation that households with incomes at or below the reduced price guidelines may be eligible for either free or reduced price meals

– Interested households are responsible for filling out the application and returning it to the school for review.


– The SFA shall maintain documentation of eligibility determinations for a period of 3 years following the end of the Federal fiscal year to which they pertain, or longer when there are unresolved audits or reviews pending.

(Arkansas requires 5-year record retention)– F/R Meal Applications may be submitted at any

time during the year.


– Households enrolling a child in a school for the first time shall be supplied with appropriate meal application materials regardless of the time of year the child is registered.

– If a child transfers from one school to another under the jurisdiction of the same SFA, his/her eligibility for free or reduced price meals will be transferred to and honored by the receiving school.


– If a child transfers from one school district to another school district, a copy of his/her eligibility for free or reduced price meals may be transferred to the receiving school.

– All applications and other eligibility documentation must be readily retrievable by school.

– The SFA shall promptly notify households of the approval or denial of their application(s).

– Children will be served meals immediately upon the establishment of their eligibility.

Original Policy Statement– When an application is denied, households will be

provided written notification that shall include: • the reason for the denial of benefits, e.g., income in excess of

allowable limits or incomplete application• notification of the right to appeal• instructions on how to appeal• a statement reminding households that they may reapply for free

and reduced price benefits at any time during the school year• The reasons for ineligibility shall be properly documented and

retained on file at the school or SFA level for a period of 5 years after the end of the Federal fiscal year to which they pertain.

Original Policy Statement• Collection and Accountability – – SFA/LEA will establish a procedure to collect

money from children who pay for their meals and – to account at the point of service for the number

of free, reduced price, and full price meals served to eligible children on a daily basis.

– The collection procedure will be used so that no child in the school will be aware of such procedure or the identity of the children receiving free or reduced price meals.


• Revisions to Policies – SFA/LEA will submit to the ADE CNU any revisions to the administrative procedures outlined before implementation. Such changes will be effective only upon approval. All changes in eligibility criteria must be publicly announced in the same manner as announced at the beginning of the school year.

SFA/LEA agrees in the Policy Statement to:

• Revise the Policy Statement as needed – keep it current as a picture of the CNP operation.

• All changes and amendments to Agreement and Policy Statement MUST be submitted for APPROVAL in writing to ADE CNU.

Original Agreement 2015-16

• Everything we have discussed so far has been the ORIGINAL Agreement and Policy Statement from 2015-16 school year

• Each subsequent school year there will be a Renewal of Agreement and Policy Statement

• Changes to federal and state regulations cause changes and additions to the Renewals or cause New Original Agreement and Policy Statement

Mailed Renewal Packet

• Commissioner’s Memo regarding Renewal Agreement – Very long memo– PLEASE READ THE MEMO!!!

• Checklist – Lists all the documents that need to be mailed

back to ADE CNU– Indicates WHO NEEDS TO SIGN each document

that is sent to ADE CNU – use this checklist to double check before mailing to ADE CNU

Original Agreement 2015-16• District information, including

superintendent, mailing address, phone number, LEA number

• Summary of the child nutrition programs that will be offered at the SFA/LEA (regardless of the number of schools offering the programs)– National School Lunch Program (NSLP)– School Breakfast Program (SBP)– Afterschool Snack Program– Seamless Summer Option (SSO)


• The program summary sections:– start and end date of each program in the district– the number of serving days for each program – for SSO indicate which meals will be served

(breakfast, lunch, afterschool snack or supper)

END OF YEAR DATE CHANGES FOR 2014-15 School Year

NOTE: If the SFA/LEA extends the school year past the date on the Renewal Agreement for the 2014-15 school year, due to weather or other issues, a letter from the Superintendent MUST be submitted to ADE CNU with the new end of school date. Claims cannot be paid if the serving dates are outside of the Agreement dates. Can cause delay in June claim processing. Fax date change letter to: 501-324-9505


• Original Agreement must be signed by:– District Superintendent– District Child Nutrition Director– Any other person the Superintendent designates

as authorized to sign the official documentation for ADE CNU


• What if district personnel that signed the Agreement or are authorized to sign the child nutrition documentation change?– Submit letter on district letterhead:• New personnel name and position• Date on being in the new position• Contact information• Signature of the new personnel


• Revisions to Child Nutrition records of new superintendent or child nutrition director is a very important step.

• Do not assume that we know, or that if we know that the records will be changed.

• CNU records cannot be changed or updated without the letter from the district.

CN Program Schedule A

• Each school that has an LEA number MUST be listed on the CN Program Schedule A, regardless of whether or not there is a cafeteria at that site.

• Each school listed on the Schedule A MUST be reported for October 1, Cycle 2 as well as the new April 1st data reporting requirement.

Special Reimbursement Rates for Meals

• Safety Net – Additional 2 cents added to lunch reimbursement– Safety Net list based on meals claimed in Claims for

Reimbursement, no district application– Safety Net list published by ADE CNU as part of Renewal memo– District wide designation, not by school– District must have served 60% or more lunches claimed at F/R

rates; based on actual lunches served– Based on lunches served in 2nd preceding year

» To earn for 2015-16 SY based on lunches served 2013-14


• Severe Need – Additional reimbursement added to free and reduced

breakfast meals claimed– For the 2014-15 SY the extra reimbursement was $.31 per

F/R breakfast claimed; based on Reimbursement rates that will be published in July for the 2015-16 SY

– Based on individual school data, not district wide data– Must apply each school year (ADE CNU does not have

school data, we only have district data from the claim forms)


• Severe Need– Commissioner’s Memo to apply for 2014-15 is FIN-15-073– District will receive letter from ADE CNU listed the schools

that qualify for Severe Need breakfast reimbursement– May claim both Severe Need and non-Severe Need

breakfasts on same claim form, if some schools qualify and some do not


• Meal prices charged must be reported on Schedule A for each school– Student paid, breakfast, lunch, snack and summer

meals (if applicable)

– Student reduced price, breakfast, lunch, snack and summer meals

– Adult paid breakfast, lunch, snack and summer meals


• If the district does not charge reduced price and/or paid students then put $0 for those price categories (for example: Provision 2, district pays reduced, etc.)

• If prices charged change then the Schedule A must be updated in writing with ADE CNU

CN Program Schedule A• Student meal price changes usually must be

approved by the school board and often happen after the Agreement is due to ADE CNU

• If the PLE indicates the district will increase meal prices the new meal prices must be updated on Schedule A in writing (can be updated anytime new meal prices are implemented)

• Adult meal price changes often take place after the Reimbursement Rate memo in July. When adult meal prices change, the Schedule A must be updated in writing. (2014-15 SY Adult lunch should have been at least $3.30)

Schedule B for Afterschool Snack Program

• Complete the Schedule B ONLY if serving Afterschool Snacks that will be claimed for reimbursement from ADE CNU

• Instructions on the back of the form• If will be serving Afterschool Snacks but do not

have the dates yet, then DO NOT submit Schedule B until the dates are set

Schedule B

• Schedule B can be submitted any time during school year

• Need to submit at least two (2) weeks prior to beginning snack service

• Don’t forget to submit!!!• If submitting at a time other than with

Renewal Agreement please FAX to Stephanie Starks at 501-324-9505

Schedule B• For each school serving Afterschool Snacks

must indicate:– Name of school– Date beginning and ending snack service– Enrollment and eligibles as of October 2014 (latest

data)– Is this an expanded learning time school– ADE CNU will complete to indicate Area Eligibility

for each school serving snacks

Schedule B

• Must be signed by both the CND and the district Superintendent

• When approved will be signed by Patricia Winders, Assistant Director Program Administration, ADE CNU

• Cannot claim Afterschool Snacks without this signed and approved Schedule B

Schedule C-16 for Seamless Summer Option

• Complete the Schedule C-16 ONLY if serving Seamless Summer meals during the summer of 2016

• Instructions on the back of the form• If will be serving Seamless Summer Option in

2016 but do not have the dates yet, then DO NOT submit Schedule C-16 until the dates are set

Schedule C-16• For each site location serving Seamless

Summer meals must indicate:– Name of school associated with the site– Date beginning and ending SSO meal service– Enrollment and eligibles as of the most recent October 1

report (latest data)– Type of site (i.e.: open, open enrolled, etc.)– Method of notifying the public about SSO– Organization operating the site if not SFA/LEA child

nutrition (i.e.: meals prepared at elementary school and served at the Boys Club)

Schedule C-16

• Must report (for each serving site):– Days of week meals will be served– Times of day of the meal service– Which type meals will be served (i.e.: breakfast

and lunch, lunch and snack, etc.)– SFA/LEA employee responsible for meal service

and record keeping

Schedule C-15• Must be signed by both the CND and the

district Superintendent• When approved will be signed by Patricia

Winders, Assistant Director Program Administration, ADE CNU

• Cannot claim Seamless Summer meals without this signed and approved Schedule C-15 prior to meal service

Summer Meals for 2015

• If the SFA/LEA would like to serve summer meals during the summer of 2015 – Commissioner’s Memo FIN-15-083• Regular summer meals• Seamless Summer meals• DHS Summer Food Service Program (SFSP)

Summer Meals Requirement

• Whether or not the SFA/LEA is participating in summer meal service, there is still a federal requirement for the district to perform outreach regarding summer meal service options for students within the district (i.e.: the SFA does not serve summer meals, but another organization serves SFSP – the SFA is obligated to get the information to the households regarding the SFSP program availability).


• Our report requirement is based on USDA requirement for ADE reporting

• SFA/LEA must report based on the previous school year health inspections (the report for the 2015-16 Agreement will be for the health inspections performed during the 2014-15 school year)


• Must report:– Number of serving/preparation sites– Number of those sites that meet the federal

requirement of 2 inspections– Number of those sites that exceeding the federal

requirement by having 3 or more inspections– Number of those sites that did not meet the 2

inspection requirement (including how many they did have)


• For any site that did not have 2 inspections must submit documentation of how you tried to get 2 inspections (emails to health inspector, list of phone calls to health department including dates, times and who spoke to, etc.)

• Continue to try to get the second inspection prior to the end of the 2014-15 school year.

• Inspections must take place on a serving day (not over the summer when no meals are being served)


• “By signing this statement, the District’s Child Nutrition Director certifies that all district serving and preparation site health inspections are reported correctly and the district will maintain health inspection records to validate this report for five years.”

• Must be signed by the CND


Reminder: •The most recent health inspection must be posted in a publicly visible area of the cafeteria. •Must post BOTH pages. •A publicly visible area is not on back wall of kitchen where the public is not allowed to go.

Wellness Committee Members

• SFA/LEA must report:– District personnel that has been designated to

ensure the Wellness Policy is implemented and measured at each school

– All members of the Wellness Committee and – The group each member represents (i.e.: student,

teacher, parent, community nurse, etc.)

Wellness Committee Members

• Remember:– Wellness Committees are required to review the

foods served in the cafeteria at least quarterly and make recommendations

– FIN-06-050 – Wellness Policy requirement– FIN-12-076 – designated official requirement– FIN-14-037 – Wellness Committee Responsibilities

Paid Lunch Equity (PLE) Tool

• Each SFA/LEA must submit two copies of the completed PLE tool as part of the Renewal Agreement.

• ADE CNU must report to USDA each year regarding the SFA’s progress in meeting this federal requirement.


•For the PLE tool please see Commissioner’s Memo FIN-15-089.•The signature page of the PLE Tool must be signed by both the CND and Superintendent


• Print ALL pages of the PLE Tool to submit.• This is often missed when sending in Renewal

Agreement. Please refer to Checklist!!• If you have already sent a copy of the PLE Tool

to ADE CNU prior to the Renewal Agreement, PLEASE resubmit the PLE Tool as part of the Renewal Agreement.

Community Eligibility Provision (CEP)

• SFA/LEAs that qualify may elect to become part of the CEP

• See Commissioner’s Memo FIN-14-061 for information about this provision that allows schools to feed students at no charge.

• See Commissioner’s Memo FIN-15-098 regarding the reporting requirements for April 1 CEP reporting

Community Eligibility Provision (CEP)

• Any SFA/LEA that is approved to be in CEP will be required to sign an addendum to the Agreement and Policy Statement making appropriate changes.

• This information will be provided to the SFA/LEAs that are approved for CEP.

Policy Statement

• All changes to the prototype Forms and Letters provided by ADE CNU must be approved by ADE CNU prior to use by the SFA/LEA. We have to ensure all federal regulations are met.

• Must be signed by both the Superintendent and Child Nutrition Director

Computer Systems

• Please remember to update this form by submitting in writing to ADE CNU if your computer systems change any time during the school year.

• REMINDER: USDA does not “approve” meal eligibility, counting or claiming software. USDA only approves software for nutrient analysis (and six cent certification).

Forms and Letters Packet

• The prototype forms and letters published as part of the Renewal of Policy Statement cannot be changed without prior approval from ADE CNU.

• Must submit two copies of any changes as part of the Renewal packet.

• Forms and Letters in Word on the Forms page of the CNU website


• Many of the forms and letters have places that need to be completed with SFA specific information. For example: the cost of the paid meals, the determining official contact information, etc.

• When adding the SFA specific information this does not need approval from ADE CNU, only if wording is changed.


• Reminder: READ the forms and letters PRIOR to publication to the households. Especially read the instructions, so that you know what the HH is being told to do. Another issue that often comes up is the documentation accepted by the SFA for verification often does not meet the requirements stated in the letter sent to the household requesting the information. READ before you mail!!!

Free and Reduced Price Meal Application Packet

• The F/R Application is actually a four page packet. All four pages must be given to households, not the single page application. This packet includes:– Letter to households– Instructions for completing the form– Application form– Reduced Income Guidelines, Non-Discrimination

statement, and the Privacy Act Statement.

Media Release

• Each SFA/LEA offering child nutrition programs must publish the information about the availability of the program to the community. This will include how to apply for the program, the Free and Reduced Income Eligibility Guidelines and who to contact at the SFA for information.

Media Release• Try to get published in newspapers– Keep documentation of publication or efforts to

have published

• Must also send to Employment Security office, community organizations, businesses that have lay-offs or are contemplating lay-offs.

• Consider adding the Media Release to the district website, etc.

• Document!!!

Income Eligibility Guidelines

• Established each year based on the federal income poverty guidelines

• Free eligibility guidelines go up to 130% of poverty guidelines

• Reduced eligibility guidelines go from 131% to 185% of poverty guidelines

Severe Need Designation• ADE CNU has sent letters to the

Superintendent’s of each SFA to advise which schools in the SFA are considered Severe Need Breakfast schools

• Check the appropriate box for each school that qualifies for Severe Need reimbursement based on the letter from ADE CNU.

Use the Checklist to ensure that all forms are

signed by the appropriate personnel (CND and/or

Superintendent).

Process at ADE CNU

• Each Agreement packet goes through several people at ADE CNU:– Must be date stamped and tracked when enters

our office– Must be approved by the district Area Specialist– Area Specialist will be contacting you if there are

questions, discrepancies or missing information (or forms) from Agreement Packet

Process at ADE CNU• Area Specialist must separate into two

complete sets• After Area Specialist approval will be approved

by Assistant Director (Karen and/or Nancy)• Forwarded to Teresa DeLuca (Suzanne’s

Administrative Assistant)• Teresa checks for completeness, flags for

Suzanne’s signature, prepares letter to superintendent

Process at ADE CNU• After both sets are signed by Suzanne (253

districts x 2 sets x 4 signatures per set!!!)• One complete signed set is returned to the

Superintendent – be sure to get a copy for CN files

• Other complete set is forwarded through ADE CNU to get databases updated– CN Database (informational)– Tera Term Database (claims and financial)

Process at ADE CNU

– PLE documentation collected for USDA report– Health Inspection documentation collected for

USDA report– Computer Systems documentation collected– Direct Certification Contact information

documentation collected for Direct Certification Notifications

Process at ADE CNU

– Severe Need documentation is added to the Agreement Packet (letters and applications)

– Both sets of databases must match (for example each data base must have the exact same number of schools that use Afterschool Snack program, etc.)

– After databases match, after ALL June 2015 claims are entered and processed THEN ADE CNU can ‘roll over’ the database and start entering July 2015 claims.

Process at ADE CNU

• That being said…do not be surprised if you get contacted by more than one person at ADE CNU regarding the Agreement Packet.

• It is amazing what all the Area Specialist catches; even more amazing how much is caught by Teresa when preparing documents for Suzanne to sign.

Process at ADE CNU

• Please keep in mind that ADE CNU has several new staff members that have not been through a Agreement process

• Please be patient with us!!

Questions or Concerns?

Questions?

Ask now!!!

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