North Dakota Administrative Code
Title 67 - Public Instruction, Superintendent of
Article 67-21 - School Food Programs
Chapter 67-21-02 - School Breakfast Program
Section 67-21-02-05 - Application

Current through Supplement No. 394, October, 2024

Application forms are available at the Department of Public Instruction, 600 East Boulevard Avenue, Department 201, Bismarck, North Dakota 58505-0440.

1. The application forms include:

a. A program agreement, which includes:
(1) Identification of the program or programs in which the local agency wants to participate;

(2) Verification that the local agency will comply with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and all provisions required by the implementing regulations of the United States department of agriculture. Signature by an authorized representative of the local agency will serve as verification; and

(3) Verification of agreement that the local agency agrees to compile data, maintain records, and submit reports as required and permit authorized personnel to review such records, books, and accounts as needed to ascertain compliance with the program. Signature by an authorized representative of the local agency will serve as verification. Such records must be maintained for three years after the end of the fiscal year to which they pertain.

b. A renewal agreement, which is presented annually to the local agency by the state agency for any appropriate revisions. Forms and information are forwarded to the local agency in July and must be returned for approval and renewal by September.

c. A free or reduced-price policy statement and attachments, which will be automatically renewed unless a new or updated statement is entered into by the state and local agencies.

2. The program agreement, in its entirety, must stipulate that local agencies:

a. Maintain a nonprofit school food service program;

b. Limit its net cash resources to an amount that does not exceed three months' average expenditures;

c. Maintain a financial management system and comply with related requirements;

d. Serve meals that meet the minimum requirements;

e. Price meals as a unit;

f. Serve meals free or at a reduced price to all children who are determined by the local agency to be eligible for such meals;

g. Count meals served and claim reimbursement for reimbursable free, reduced-price, and paid meals;

h. Maintain proper sanitation and health standards in conformance with applicable state and local laws and regulations;

i. Accept and use donated foods offered by the United States department of agriculture, if desired;

j. Maintain necessary facilities for storing, preparing, and serving food;

k. Upon request, make all accounts and records pertaining to the program available to the state agency and to the United States department of agriculture; and

l. Maintain files of currently approved and denied free and reduced-price applications or alternative documents and retain them for three years after the end of the fiscal year to which they pertain.

General Authority: NDCC 15-54-03, 28-32-02

Law Implemented: NDCC 15-54-03, 15-54-05; 7 CFR 220.7

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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