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Okaloosa County BOCC — June 3, 2014 — Fully Executed FDACS Contract #018224 Agree #01-0303 Nat Sch Lun and Brkft Prog — reading text
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paying
the school's designated full price plus the current value of federal cash and donated food
assistance (entitlement and bonus) for full-price meals.
2. In nonpricing programs, the adult charge should be at least the amount of reimbursement
received for a free lunch under Sections 4 and II of the NSLA, plus the per-meal value of
both entitlement and bonus donated foods, or for breakfasts, the rate established for free
meals under Section 4 ofthe CNA, plus the value of bonus commodities.
II. Conduct activities under this Agreement on a nondiscriminatory basis in accordance with 34
CFR Parts I 00, I 04, and I 06 and Title 45 CFR Part 90 (relating to nondiscrimination on the
basis of race, color, national origin, age, sex, or disability), the Civil Rights Act of 1870, as
amended, (42 U.S.C. 1981 et seq.), the Federal Age Discrimination Act of 1975, as amended,
(42 U.S.C. 6101-6107), the Americans With Disabilities Act of 1990, the Fair Labor
Standards Act (29 U.S.C. 201-219), Davis-Bacon Act (40 U.S.C. 276(a)), Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (42 U.S.C. 1415, 2473,
3307, 4601, 4602, 4621-4655), Equal Pay Act (29 U.S.C. 206), Title 34 CFR Parts 98 and
99, and OMB Circulars A-87 and A-1 02, as applicable. If the LEA is a school district,
intermediate unit, area vocational-technical school, or other LEA, or a state or public agency,
it further assures that its employees and officials whose principal employment is in
connection with an activity funded with federal grant money shall not engage in any political
activities barred by the Hatch Act, 5 U.S.C. 1501 et seq.
JJ. No later than December 31 of each year, provide the DACS with a list of all elementary
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 the last operating day in the
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preceding October. The DACS may designate a month other than October for the collection
of this information, in which case the list must be provided to the DACS within 60 calendar
days following the end of the month designated by the DACS. In addition, each LEA shall
provide, when available for the schools under its jurisdiction, and upon the request of a
sponsoring organization of day care homes of the Child and Adult Care Food Program,
information on the boundaries of the attendance areas for the elementary schools identified as
having 50 percent or more of enrolled children certified eligible for free or reduced-price
meals.
PROGRAM REQUIREMENTS
It is acknowledged that the Parent Letter, Income Eligibility Guidelines, and Meal Benefit
Application for Free or Reduced-Price Meals and/or Snacks and/or Free Milk are incorporated
into this Agreement.
In fulfilling its responsibilities and in consideration of the reimbursement received for
meals/snacks/milk served in accordance with the applicable program and this Agreement, the
LEA:
A. Agrees to serve meals and snacks free or at a reduced-price and/or milk free to children from
families whose income is at or below the income guidelines established by the USDA.
B. Agrees there will be no physical segregation of, or any other discrimination against, any child
because of his or her inability to pay the full price of the meal, snack, and/or milk. The
names of the children eligible to receive free or reduced-price meals, snacks, and/or free milk
shall not be published, posted, or announced in any manner and there shall be no overt
identification by the use of special tokens, tickets, or any other means. The meal applications
are confidential and will be used only to determine eligibility for food service, Title I,
programs associated with the No Child Left Behind Act, and other approved programs.
Names, income, and other information on the applications may not be released to any other
program/service without a parental waiver. Further assurance is given that children eligible
for free or reduced-price meals, snacks, and/or free milk shall not be required to:
I. Work for their meals, snacks, or milk;
2. Use a separate lunchroom;
3. Go through a separate serving line;
4. Enter the lunchroom through a separate entrance;
5. Eat meals or snacks or drink milk at a different time from children paying the full price;
or
6. Eat a meal or snack different from those sold to children paying the full price or drink
milk different from that sold to children paying the full price.
C. Agrees to set the price charged at or below the maximum amount allowed by rule for
reduced-price lunch, breakfast, and/or snack.
D. Agrees, in the operation of child nutrition programs, no child shall be discriminated against
because of race, color, national origin, age, sex, or disability.
E. Agrees to develop alternate documents and seek approval for these documents from the
DACS prior to use, if not using the Free and Reduced-Price Meal Application or letter to
each household as supplied by the DACS.
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F. Agrees to receive and implement the use of the direct certification list each month of
program operation under NSLP and SBP. The direct certification list will be released
monthly to each LEA either via e-mail or through the Northwest Regional Data Center for
school district sponsors.
G. Agrees to include with the application a sample letter to participating households. This letter
is to be completed at the beginning of each school year and whenever there is a change in
eligibility criteria. All changes in eligibility criteria must be publicly announced in the same
manner used at the beginning of the school year. At a minimum, this letter will include:
I. Identification of the schools participating in a meal service program.
2. The eligibility criteria for reduced-price benefits with an explanation that households
with incomes equal to or less than the reduced-price criteria may be eligible for either
free or reduced-price meals or snacks, or in schools participating in the free milk option,
the eligibility criteria for free milk benefits.
3. Instructions on how a household may apply for free or reduced-price meals, snacks, or
free milk for its children and direction as to how a household may apply for benefits at
any time during the school year as circumstances change.
4. An explanation that an application for free or reduced-price benefits cannot be approved
unless it contains complete information.
5. An explanation that households with children that are currently certified for
Supplemental Nutrition Assistance Program or Temporary Assistance for Needy Families
cash assistance may submit applications for free or reduced-price benefits with
abbreviated information.
6. An explanation that the information on the application may be verified at any time during
the school year.
7. A statement to the effect that children with parents or guardians who become
unemployed are eligible for free or reduced-price meals, snacks, or free milk during the
period of unemployment, provided that the loss of income causes the household income,
during the period of unemployment, to be within the eligibility criteria.
8. The statement: "In the operation of child nutrition programs, no child will be
discriminated against because of race, color, national origin, age, sex, or disability."
9. Notification that when an application is denied, parents or guardians will be informed in
writing of the reason for denial and of the hearing procedure.
Any parent enrolling a child in the LEA for the first time, at any time during the year, shall
be supplied with appropriate documents. If a child transfers from one school to another
under the jurisdiction of the same LEA, his/her eligibility for free or reduced-price meals,
snacks, or free milk will be transferred to and honored by the receiving school.
All children from an income eligible family receive the same benefits. Parents or guardians
shall be notified promptly of the approval or denial of the applications. Children will be
served free or reduced-price meals, snacks, and milk immediately upon the establishment of
their eligibility. For households submitting applications with case numbers for some, but not
all of their children, the LEA must certifY all children as categorically eligible for free meals
or milk (Any income information on the application is disregarded).
Such applications and documentation of action taken will be maintained for three years after
the end of the school year to which they pertain. If an audit or administrative review finding
for any year is not resolved, the records shall be retained beyond the three-year period as
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long as required for the resolution of the issues raised by the audit or administrative review.
If an LEA participates in Provision 2, all documentation relative to the Provision 2 cycle
must be retained for three years beyond the last year of the approved cycle to which they
pertain.
H. Agrees to verify the accuracy of a percentage or number of free and reduced-price
applications as required by federal regulations (7 CFR Parts 245.6 and 245.6(a)), ensures that
the verifying official is not the same as the person designated to determine eligibility in item
I, and maintain records as follows:
I. A summary of the verification efforts, including the techniques used.
2. The total number of Meal Benefit Applications on file as of October I.
3. The percentage or number of Meal Benefit Applications verified.
4. All verified Meal Benefit Applications must be readily available.
5. Documentation of any changes of eligibility and the reason(s) for these changes.
6. All relevant correspondence between the selected household and the LEA.
7. Ensure that verification is completed by November 15 annually.
8. Submit the required verification summary to the DACS as required. Compliance with
these requirements will be monitored as part of the administrative review and verification
efforts.
I. Agrees to designate an Approving Official(s) employed by the LEA to review applications
and make determinations of eligibility. This official will use the criteria established in this
Agreement, the federal regulations, and the income guidelines to determine which individual
children are eligible for free or reduced-price meals, snacks, or free milk. The Approving
Official may assign other LEA employees as required to complete the task.
J. Agrees to promptly provide parents or guardians with written notification when a Free and
Reduced-Price Meal Application is denied. At a minimum, this denial notice 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, and a statement
reminding parents 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 by the LEA.
K. Agrees to provide categorical eligibility for free meals, without further application, to any
foster child whose care and placement is the responsibility of the state or who is placed by a
court with a caretaker household.
L. Agrees to establish and use a fair hearing procedure for parents' appeal of the LEA's
eligibility decision on a Free and Reduced-Price Meal
