(1) The Department of Elementary and
Secondary Education (department) is authorized and directed to cooperate with
the secretary of agriculture to administer programs to provide meals to
students in the following programs:
(A)
Determining Eligibility for Free and Reduced Price Meals and Milk in Schools.
1. This rule details state and local
responsibilities, as outlined in 7 CFR part 245 , which is used to determine
eligibility and establish procedures for extending free and reduced price meals
and free milk to eligible children from economically needy families. Specific
areas in this rule include eligibility standards, public announcements,
applications, hearing procedures, and nondiscrimination practices. This rule
enables the department to calculate students in districts that elect other
Special Provision Options to include Provision 1, Provision 2, and Provision 3
in the same manner as is used for the United States Department of Agriculture
(USDA) Community Eligibility Option as stated in section
163.011(6),
RSMo;
(B) Administration
of the National School Lunch Program.
1. This
rule details state and local responsibilities, as outlined in 7 CFR part 210 ,
for the administration of the National School Lunch Program including, but not
limited to, requirements for participation, requirements for lunches, free and
reduced price lunches, reimbursement payments, management evaluations, and
audits; and
(C) School
Breakfast Program.
1. This rule details the
state and local responsibilities, as outlined in 7 CFR part 220 , for the
administration of the School Breakfast Program, and as also outlined in
sections 191.800191.815, RSMo.
A. The USDA's
School Breakfast Program, as authorized by
42 U.S.C. section
1773, shall be established in each public
school district in the state in each school under its authority in which
thirty-five percent (35%) or more of the students enrolled in the school were
eligible for free or reduced price meals on October 1 of the preceding school
year.
B. In subsequent years, any
school within a school district where the percentage of students approved to
receive free or reduced price school meals is thirty-five percent (35%) or more
of the enrollment as of October 1, the School Breakfast Program must be
established by July 1 of the following school year.
C. To determine the participation
requirement, as of October 1 of each school year for each school which does not
operate the School Breakfast Program, the school district must determine the
enrollment of the school, the number of students approved according to federal
guidelines to receive free or reduced price school meals, and the percentage of
students enrolled in the school approved to receive free or reduced price
school meals. The percentage of students approved to receive free or reduced
price school meals is obtained by dividing the total number of students
approved to receive free or reduced price school meals by the
enrollment.
D. Documentation of the
participation determination for each school which does not operate the School
Breakfast Program shall be provided to the department on a form as may be
required by the department no later than February 1 of each year. This
documentation also shall be maintained at the school district office and shall
be made available for review by interested individuals.
E. A review of the documentation records
relating to the School Breakfast Program participation requirement will be made
by representatives of the department during school food service on-site
reviews. School districts determined not to be in compliance with the School
Breakfast Program participation requirement will be given sixty (60) days to
initiate the School Breakfast Program in schools where required or request a
School Breakfast Program waiver as outlined in paragraph (1)(C)2.
2. School Breakfast Program
Participation Waiver.
A. A public school
district may receive a waiver from department from the School Breakfast Program
requirement described in paragraph (1)(C)1. The board of education of the
school district seeking a waiver must adopt by majority vote a resolution
requesting a waiver from the School Breakfast Program requirement.
B. A written request for a waiver shall be
filed with the department and shall contain the name of the school district,
the name(s) of the school(s) to which the waiver applies, the enrollment and
number of students approved to receive free or reduced price school meals in
each school, a statement indicating the board of education's reason(s) for the
waiver, the date of the board action, the effective date of the waiver, and the
signature of the board president, board secretary, or superintendent.
C. A request for a waiver may be submitted at
any time during the year, but should be submitted before July 1. Following
department approval, a waiver will be valid for a period of three (3) years. At
the end of that time, the request process must be repeated. A board of
education may rescind a waiver at any time.
D. Documentation of the waiver must be kept
on file at the school district office and made available for review by
interested individuals.
3. School Breakfast Program Hardship Grant
Program.
A. Subject to appropriation of funds
for this purpose, state supplemental funds will be distributed through the
School Breakfast Program Hardship Grant Program. Application for School
Breakfast Program Hardship Grant Program funds may be made by public school
districts participating in the School Breakfast Program to the department any
time after July 1 but no later than November 1 of the school year following the
year for which supplemental funds are being requested (grant year). Each
application shall contain information as may be required to enable the
department to dispense funds under the provisions of this rule.
B. Priority for allocating funds under the
School Breakfast Program Hardship Grant Program shall be based upon a need
factor, which will be the percentage (by school) of free and reduced price
student breakfasts served of total student breakfasts served during the grant
year. To determine school priority, a ranking from the highest to the lowest by
need factor will be made.
C.
Following the priority ranking of schools, supplemental funds will be
distributed to schools according to the student breakfasts served during the
grant year. Distribution of funds for breakfasts served will be made in the
order of-student free breakfasts, student reduced price breakfasts, and student
paid breakfasts. In each instance, the combined funds received by a school per
breakfast from all sources, federal, local, and state, shall not exceed the
district per breakfast cost.
D. In
the event that insufficient funds are appropriated to allow for a complete
allocation to schools that apply, a proration of the funds provided will be
made. First priority for the allocation of prorated funds will be schools
classified under federal guidelines as severe need breakfast schools. Second
priority will be schools serving thirty-five percent (35%) or more free and
reduced price breakfasts. Third priority will be all other schools that apply.
The distribution of funds will be the same as outlined in subparagraph
(1)(C)3.C. of this rule, except that funds for free and reduced price meals
will be distributed in all levels before being distributed for paid
meals.
4. Outreach
Activities. The department shall collaborate with other agencies responsible
for administering emergency and supplemental food programs in designing and
implementing food program outreach activities. Department outreach activities
shall be focused on information concerning the School Breakfast Program and may
include written materials, brochures, newsletters, news releases, public
service announcements, and videos.
