Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in this
section:
(a) "Breakfast" means a reimbursable
breakfast that is provided through the federal School Breakfast
Program.
(b) "Community Eligibility
Provision" refers to the alternative reimbursement option administered by the
United States Department of Agriculture for schools and school districts in
high-poverty areas through which participating schools or school districts
agree to provide breakfasts and lunches at no charge to all students in
exchange for receiving federal meal reimbursements based on the schools' or
districts' identified student percentage.
(c) "Eligible school or district" means a
school, a group of schools, or a school district that is not participating in
the Community Eligibility Provision.
(d) "Eligible student" means a student who is
from a household with an income that is greater than 185 percent, but does not
exceed 300 percent, of the applicable federal poverty guidelines.
(e) "Federal poverty guidelines" means the
federal poverty guidelines that are issued annually by the United States
Department of Health and Human Services and used to determine financial
eligibility for various federal programs, including but not limited to free and
reduced price breakfasts and lunches.
(f) "Lunch" means a reimbursable lunch that
is provided through the federal National School Lunch Program.
(g) "School district" means an Oregon common
school district, joint school district, union high school district, education
service district, or public charter school.
(h) "School year" means the twelve-month
period beginning on July 1 and ending on June 30.
(2) The purpose of the Expanded Income
Eligibility Group Reimbursement Program is increasing students' access to and
participation in school nutrition programs, such as the National School Lunch
and School Breakfast Programs. The program achieves its purpose by reimbursing
eligible schools or districts participating in the program for each breakfast
and lunch they serve at no charge to an eligible student.
(3)
(a) An
eligible school or district must notify the Oregon Department of Education of
its intent to participate in the Expanded Income Eligibility Group
Reimbursement Program in the form and manner prescribed by the department
before the eligible school or district will begin providing eligible breakfasts
and lunches to all eligible students at no charge.
(b) The department will publish an agreement
form for the program. Eligible schools or districts must submit a signed
program agreement form to the department before they can receive supplemental,
state-funded meal reimbursements through the program.
(c) The department will base its program
agreement form on an eligible school or district's existing agreement with the
department to operate one or more federal school nutrition programs. The
program agreements will include, but are not limited to, a requirement that the
eligible school or district comply with applicable state and federal
requirements for the administration of the federal school nutrition programs
and the terms of its existing agreement to operate one or more federal school
nutrition programs.
(4)
(a) The Oregon Department of Education will
develop and publish meal reimbursement rates for the Expanded Income
Eligibility Group Reimbursement Program each year.
(b) The department will base its meal
reimbursement rates on:
(A) The free
reimbursement rate established by the United States Department of Agriculture
for reimbursable meals; and
(B) Any
amounts otherwise reimbursed or paid by state, federal or other
sources.
(c) The maximum
meal reimbursement provided through the Expanded Income Eligibility Group
Reimbursement program may not exceed the annual meal reimbursement rates
published by the department.
(5) As a condition of participating in the
Expanded Income Eligibility Group Reimbursement Program, eligible schools and
districts must serve available breakfast and lunch to all eligible students at
no charge.
(6) The Oregon
Department of Education will develop and publish a confidential household
income application for the Expanded Income Eligibility Group Reimbursement
Program.
(7)
(a) To determine whether individual students
are eligible to receive breakfast and lunch at no charge through the Expanded
Income Eligibility Group Reimbursement Program, an eligible school or district
participating in the program must have households complete and return the
confidential household income application published by the
department.
(b) Students will
qualify as eligible students, and may receive breakfast and lunch at no charge
through the program, if the confidential household income application submitted
on behalf of a student shows that the student's household has an income that is
greater than 185 percent, but does not exceed 300 percent, of the applicable
federal poverty guidelines.
(c)
Eligible schools or districts must notify households if their students qualify
as eligible students and may receive breakfast and lunch at no charge through
the program by no later than ten business days after receiving the household's
confidential household income application.
(8)
(a)
Notwithstanding subsection (7) of this section, eligible schools may use census
data produced by the United States Census Bureau to determine the percentage of
meals they served that were reimbursed at the federal paid rate and are
eligible for a supplemental, state-funded reimbursement through the Expanded
Income Eligibility Group Reimbursement Program, if:
(A) The eligible schools are participating in
Provision 2, an alternative meal reimbursement program administered by the
United States Department of Agriculture; and
(B) The first year of the eligible school's
four-year Provision 2 cycle occurred prior to the 2020-21 school
year.
(b) The Oregon
Department of Education will publish guidance on using data from the United
States Census Bureau to determine the percentage of meals reimbursed at the
federal paid rate that are eligible for a supplemental, state-funded
reimbursement through the program, and provide technical assistance to eligible
schools participating in Provision 2.
(9) The Oregon Department of Education will
make the first reimbursements under the Expanded Income Eligibility Group
Reimbursement Program for breakfasts and lunches served to eligible students at
no charge during the 2020-21 school year.
(10)
(a)
Eligible schools and districts participating in the Expanded Income Eligibility
Group Reimbursement Program must submit a monthly claim for reimbursement in
the form and manner prescribed by the Oregon Department of Education. The
department will process supplemental, state-funded meal reimbursements paid
through the program according to the United States Department of Agriculture's
rules and procedures for meal reimbursement claim submission and processing for
schools and districts participating in the National School Lunch and School
Breakfast Programs.
(b) If a
monthly claim for reimbursement submitted by a school or district participating
in the program is adjusted after the school or district received federal or
state reimbursements for the meals it served during that month, the department
may take steps to avoid an overpayment or underpayment, including but not
limited to reducing or increasing the amount of the following month's
supplemental meal reimbursement by the amount of the overpayment or
underpayment.
(c) A school or
district participating in the program may not receive supplemental state funds
if it does not submit a monthly claim for reimbursement.
(11) A school or district participating in
the Expanded Income Eligibility Group Reimbursement Program must deposit any
supplemental, state-funded meal reimbursements it receives through the program
in its nonprofit school food service account.
(12)
(a)
The Oregon Department of Education shall publish performance measures and
guidance documents for participants in the Expanded Income Eligibility Group
Reimbursement Program.
(b) Every
year, a school or district participating in the program must report on the
program in the manner and form prescribed by the department. The department may
only require reporting that is necessary:
(A)
For making reimbursements under this section;
(B) To ensure the accuracy of reimbursements
made under this section, and compliance with this section and the program
agreement; and
(C) To prevent
waste, fraud, and abuse in reimbursements made under this section.
(13) On an ongoing
basis, the department will track the reimbursements made under this section and
the balance of funds available for the biennium. In the event that funds fall
to a level that is insufficient to reimburse schools or districts participating
in the Expanded Income Eligibility Group Reimbursement Program:
(a) The department will notify participating
schools and districts 12 weeks in advance of cessation of the State Eligibility
Group Reimbursement due to insufficient funds;
(b) Until sufficient funds again become
available, reimbursement of eligible meals claimed will revert to:
(A) The applicable reimbursement rate
established by the United States Department of Agriculture for reimbursable
meals; and
(B) Any amounts, other
than the Expanded Income Eligibility Group reimbursement, reimbursed or paid by
state, federal or other sources.
(c) Schools or districts affected will follow
guidance provided by the department.
Statutory/Other Authority: 2019 OR Laws, Ch. 122, Sec. 30
(Enrolled HB 3427) & 2021 Enrolled HB 2536
Statutes/Other Implemented: 2019 OR Laws, Ch. 122, Sec. 30
(Enrolled HB 3427) & 2021 Enrolled HB
2536
