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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shall not be published, posted, or announced in any manner and there shall be no overt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:
Work for their meals, snacks, or milk;
Use a separate lunchroom;
Go through a separate serving line;
Enter the lunchroom through a separate entrance;
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.
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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. Ali 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:
1. 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 houscholds 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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L.
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,
. 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
1, and maintain records as follows:
A summary of the verification efforts, including the techniques used.
The total number of Meal Benefit Applications on file as of October 1.
The percentage or number of Meal Benefit Applications verified.
All verified Meal Benefit Applications must be readily available.
Documentation of any changes of eligibility and the reason(s) for these changes.
All relevant correspondence between the selected household and the LEA.
Ensure that verification is completed by November 15 annually.
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.
2A AY BY YS
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.
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.
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.
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 Application or the LEA official’s
challenge of parents as to the accuracy of information contained in an application or the
continued eligibility of any child for free or reduced-price meals, snacks, or free milk.
During the appeal process and hearing procedure, the child will continue to receive free or
reduced-price meals, snacks, or free milk. A record of all such appeals and challenges and
their disposition shall be retained for three years after the end of the school year to which
they pertain. If an audit or administrative review finding for any year has not been resolved,
the records shall be retained beyond the three-year period or as long as required for the
resolution of the issues raised by the audit or administrative review.
Prior to initiating the hearing procedure, the parent or local school official may request a
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conference to provide an opportunity for the parent and school official to discuss the
situation, provide information, and obtain an explanation of data submitted in the Free and
Reduced-Price Meal Application and decision rendered. Such a conference shall not in any
way prejudice or diminish the right to a fair hearing. The LEA may require proof of family
income at this time.
The hearing procedure shail provide the following:
1. A simple, publicly announced method of making 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 reports
presented to support the decision under appeal.
4. The hearing shall be held with reasonable promptness and convenience, and 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 be made by a hearing official who
did not participate in 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 representatives 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, a summary of any
oral testimony presented at the hearing, the decision of the hearing official, including the
reasons for the decision, and a copy of the notification to the parties concerned of the
decision of the hearing official.
11. That such written record 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.
. Agrees to establish a procedure to collect monies from children who pay for their meals,
snacks, or milk. The procedure will assure that no child will be made aware of the identity of
children receiving free or reduced-price meals, snacks, or free milk at the time tickets or
tokens are issued; at the time that the money for meals, snacks, or milk is collected; or at the
time the lunch, breakfast, snack and/or milk is served. To ensure that there is no overt
identification of
