Code: EFAA

Readopted:  6/12/17

Adopted: 11/16/12

Orig. Code(s): EFAA

The district may enter into an agreement with the Oregon Department of Education (ODE) to operate the National School Lunch Program (NSLP) and the Commodity Food Distribution Program (CFDP) by signing a permanent Sponsor-ODE Agreement entitling the district to receive reimbursement for all meals that meet program requirements and to earn commodity food entitlement based on the number of lunches served.

The permanent agreement shall be signed by the superintendent or other school official with authority to obligate the district to legally binding contracts, subject to annual ODE renewal and will include, at the district’s option, an agreement to operate the School Breakfast Program (SBP), Summer Food Service Program (SFSP), the Child and Adult Care Food Program (CACFP) and the Special Milk Program (SMP). The district recognizes that meals and snacks served by the district will not be eligible for reimbursement until the annual program update is received and approved by ODE.

The permanent Sponsor-ODE Agreement shall include assurances by the district that it will follow all Child Nutrition Program regulations for which the district is approved to operate:

1. Free and reduced price process (updated annually);
2. Financial management of the nonprofit school food service;
3. Civil rights and confidentiality procedures;
4. Meal pattern and nutrition content of meals served;
5. Use and control of commodity foods;
6. Accuracy of reimbursement claims;
7. Food safety and sanitation inspections;
8. Nutrition standards for foods and beverages sold to students.

The superintendent will develop an administrative regulation as necessary to implement this policy and meet the requirements of state and federal law.  The administrative regulation will be reviewed and adopted by the Board as required by law.

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ORS 327.520 to -327.535
ORS 336.423
OAR 581-022-2345
OAR 581-051-0100
OAR 581-051-0305
OAR 581-051-0310
OAR 581-051-0400

Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, 7 C.F.R. Part 15b (2017).
U.S.D.A., Eligibility Guidance for School Meals Manual.
U.S.D.A., FNS Instruction 765-7 Rev. 2: Handling Lost, Stolen and Misused Meal Tickets.
Healthy, Hunger-Free Kids Act of 2010, 42 U.S.C.§§ 1758, 1760.
National School Lunch Program 7 C.F.R. Part 210
U.S.D.A. Instruction 113-1 Civil Rights
Donation of Foods for Use in the United States, Its Territories and Possessions and Areas Under its Jurisdiction, 7 C.F.R. Part 250
Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. 200.

Cross Reference(s):
EFA - Local Wellness Program

Code:  EFAA-AR

Revised/Readopted:  2/5/19

Adopted:  4/1/00

 

(National School Lunch Program, School Breakfast Program, Special Milk Program and other meal programs)

The district’s nutrition and food services will be operated in accordance with the following requirements:

1. Reimbursable meals will be priced as a unit.
2. Reimbursable meals will be served free or at a reduced price to all children who are determined by the district to be eligible for free or reduced price meals.
3. Annually, the district will review prices for reimbursable student meals. The price charged to students who do not qualify for free or reduced price meals or milk will be reviewed annually by the district in compliance with state and federal laws.
4. The price charged to students who qualify for reduced price meals will be reviewed annually by the district in compliance with state and federal laws.
5. The district will implement claiming alternative Provision 2 at schools
6. The district will implement claiming alternative Community Eligibility at qualified schools.

1. Households receiving SNAP or Temporary Assistance to Needy Families (TANF) benefits as identified by Oregon Department of Education (ODE), will be automatically eligible for free meals or free milk, for the students listed on the official document. Districts must access this document at least three times per years.
2. Students receiving support through the migrant education program, Runaway and Homeless Youth Act, McKinney-Vento Homeless Assistance Act, federal Head Start and state-funded prekindergarten programs, with income eligibility criteria identical or more stringent than federal Head Start, or are in state or court placement foster care, will be automatically eligible for free meals for the students listed on the official documents.
3. Households that submit a confidential application will be notified of their student’s eligibility for free or reduced price meals.  Households that are denied free or reduced price benefits will be notified in writing with ODE approved content.
4. On a case-by-case basis when a student is known to be eligible for free or reduced price meal benefits, and the household fails to submit a confidential application, the superintendent or designee may complete an application for the student documenting how he/she knows the household income qualifies the student for free or reduced price meal benefits. Parents of a student approved for free or reduced price benefits, when application is made for the student by a school official, will be notified of the decision and given the opportunity to decline benefits.
5. Students who do not qualify for free or reduced price meals are eligible to participate in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) and will be charged “paid” prices set by the district.  “Paid” category students will be treated equally to students receiving free or reduced price befits in every aspect of the district’s NSLP, SBP, Child and Adult Care Food Program (CACFP) or Summer Food Service Program (SFSP).
6. The district has established a fair hearing process under which a household can appeal a decision with respect to the household’s application for benefits or any subsequent reduction or termination of benefits.
7. In the event of major employers contemplating large layoffs in the attendance area of the district, the district will provide confidential applications and eligibility criteria for free and reduced price meals to the employer for distribution to affected employees.

1. The district will maintain a nonprofit school nutrition and food service operation.
2. Revenues earned by the school nutrition and food services will be used only for the operation or improvement of NSLP, SBP, CACFP or SFSP.
3. Lunch and breakfast meals served to teachers, administrators, custodians and other adults not directly involved with the operation of the district’s nutrition and food services will be priced to cover all direct and indirect cost of preparing and serving the meal.[1]
4. District nutrition and food services revenues will not be used to purchase land or buildings.
5. The district will limit its nutrition and food services net cash resources to an amount that does not exceed three months average expenditures.
6. The district will maintain effective control and accountability for, and adequately safeguard, all nutrition and food services’ cash, real and personal property, equipment and other assets, and ensure they are used solely for nutrition and food services purposes.
7. The district will meet the requirements for allowable NSLP, CACFP or SFSP costs as described in 2 C.F.R. 200.
8. In purchasing nutrition and food services goods or services, the district will not accept proposals or bids from any party that has developed or drafted specifications, requirements, statements of work, invitations for bids, requests for proposals, contract terms and conditions or other documents for proposals used to conduct the procurement.
9. All procurement transactions for nutrition and food services goods and services will be conducted according to state, federal and district procurement standards using the applicable cost thresholds.
10. The Buy American Provision language to use in all product specifications, bid solicitations, requests for proposals (RFP’s), contracts, purchase orders, and other procurement documents is as follows:

a. As required by the Buy American Provision, all products must be of domestic
    origin as required by 7 CFR Part 210.21(d).  (210.21(d) is the Buy American
    Provision)

b. The district participates in the National School Lunch Program and School
    Breakfast Program and is required to use the nonprofit food service funds, to
    the maximum extent practical, to buy domestic commodities or products for
    Program meals.  A “domestic commodity or product” is defined as one that is
    either produced in the U.S. or is processed in the U.S. substantially using
    agricultural commodities that are produced in the U.S. as provided in
    7 CFR Part 210.21(d).

c.  Exceptions to the Buy American Provision should be used as a last resort;
     however,  an alternative or exception may be approved upon request.

1. The district will not discriminate against any student because of his/her eligibility for free or reduced price meals. 
2. The district will not discriminate against any student or any nutrition and food services employee because of race, color, national origin, marital status, sex, sexual orientation, parental status, religion, age or disability.
3. The district will assure that all students and nutrition and food services employees are not subject to different treatment, disparate impact or a hostile environment.
4. Established district procedures will be followed for receiving and processing civil rights complaints related to applications for NSLP, SBP, CACFP or SFSP benefits and services, and employment practices with regard to the operation of its NSLP, SBP, CACFP or SFSP. The district will forward any civil rights complaint regarding the district’s nutrition and food services to ODE’s director of Child Nutrition Programs within three days of receiving the complaint.
5. The district will make written or oral translations of all nutrition and food services materials available to all households who do not read or speak English.
6. The district will maintain strict confidentiality of all information obtained through a confidential application for free and reduced price meals or free milk or direct certification, including students’ eligibility for free or reduced price meals and all household information. The district’s NSLP, SBP, CACFP or SFSP operators are not required to release any information from a student’s confidential application for free or reduced price meal. No information may be released from a student’s eligibility information with out first obtaining written permission from the student’s parent or legal guardian/adult household member signing the application, except as follows:

d. An individual student’s name and eligibility status may be released without
    written consent only to persons who operate or administer federal education
    programs; persons who operate or administer state education health
    programs at the state level; persons evaluating state, education assessment;
    or persons who operate or administer any other NSLP, SBP, CACFP, SFSP
    or SNAP;

e. Any other confidential information contained in the confidential application
    for free and reduced price meals (e.g., family income, address, etc.) may be
    released without written consent only to persons who operate or administer
    the NSLP, SBP, CACFP, SFSP and the Special Supplemental Nutrition
    Program for Woman, Infants and Children (WIC); the Comptroller General of
    the United States for Audit purposes; and federal, state or local law
    enforcement officials investigating alleged violation of any of the programs
    listed above.

1. Meals and after school meals served for reimbursement will meet the nutrition standards established by the USDA and Oregon Smart Snacks Standards.
2. Meals served for reimbursement will meet at least the minimum NSLP, SBP, CACFP and SFSP requirements for food items and quantities.
3. Meals served for reimbursement will: meet or exceed USDA meal standards.
4. The district will use the offer versus serve option when serving NSLP lunches to all students. Students must take a least three of five different food items including one-half cup of fruit or vegetable offered in program lunches.
5. The district will use the offer versus serve option when serving program breakfasts to all students. Students must take at least three of four food items, including one-half cup of fruit or vegetable offered in program breakfasts.
6. A copy of the Board minutes adopting the offer versus serve policy for students below high school grades for program lunches and/or for all students in the district for program breakfasts, as applicable, will be made available upon request.

1. The district will accept and use USDA foods in as large a quantity as may be efficiently utilized in the NSLP, SBP, SFSP and CACFP after school meals.
2. The district will maintain necessary safeguards to prevent theft or spoilage of USDA Foods.
3. The value of USDA Foods used for any food production other than NSLP, SBP SFSP, or CACFP afterschool meals shall be replaced in the food service inventory.

1. The district will claim reimbursement only for reimbursable meals and afterschool meals served to eligible children.
2. All meals and after school meals claimed for reimbursement will be counted at each dining site at a “point of service” where it can be accurately determined that the meal and afterschool meals meets NSLP, SBP, CACFP and SFSP requirements for reimbursement.
3. The person responsible for determining reimbursement of meals and afterschool meals will be trained to recognize a reimbursable meal.
4. The district official signing the claim for reimbursement will review and analyze monthly meal or afterschool meal and milk counts to ensure accuracy of the claim, before submitting the claim to ODE.
5. Annually, by November 15, the district will verify a random sample of applications according to NSLP verification requirements.  Instructions for completing the verification process will be sent by ODE to the district in October each year.

1. The district will maintain necessary facilities for storing, preparing and serving food and milk.
2. Semiannually, the district will schedule food safety inspections with the county Environmental Health Department for each school or dining site under its jurisdiction.
3. The district will maintain health standards in compliance with all applicable state food safety regulations at each school or dining site under its jurisdiction.

1. The district will ensure that no student is denied a meal as a disciplinary action.
2. Breakfast will be served in the morning hours, at or near the beginning of the student’s school day.
3. Lunch will be served between the hours of 10 a.m. and 2 p.m.
4. The district will provide substitute foods for students with a disability[2] that restricts their diet when supported by a written statement from a state-licensed health care professional, who is authorized to write medical prescriptions.  Substitutions will be provided only when a medical statement from the licensed health care professional is on file at the school. The medical statement must state the nature of the child’s impairment so its effect on the student’s diet is understood, and what must be done to accommodate the impairment. The district will not charge more than the price of the school meal, as determined by the child’s eligibility status, for meals with the accommodation.
5. The district will follow Oregon Smart Snacks Standards rules relating to the sale of competitive foods.
6. The district will ensure that potable drinking water will be available to students, free of charge for consumption in the place where meals are served during meal service.

• Every BSD Student is eligible for a meal at school.  A “Meal” meets the requirements of a reimbursable USDA meal.  This reimbursable meal consists of at least (3) components from the (5) following food groups; Meat/Meat Alternate, Grain, Vegetable, Fruit and Fluid Milk.  A student must take a minimum of (3) components from the (5) options, and one of the components must be at least ½ cup of fruit or vegetable.  Students who are without funds will be allowed to charge meals, unless the student’s parent or guardian has provided written permission to withhold a meal from the student to reduce the amount of that student’s debt.
• BSD will not publicly identify a student who cannot pay for a meal because of a negative balance.  We will provide a student their balance only if they inquire.
• Students will not be allowed to charge a la carte menu items. (This includes milk.)
• BSD may pursue payment through a collection agency service if payment is not received in a reasonable time frame.

NOTE:  Adults who are not students (parents, volunteers, visitors, etc.) will not be allowed to charge meals.  Adults are not allowed to accumulate a negative balance.                                  

           Balance Notification Methods:

• Parents/Guardians/Students can inquire directly with the cafeteria staff about their account balances.
• Parents/Guardians/Students can see their students’ balance, create alerts and use the auto pay feature by signing up for a free SchoolCafé account.

Parents and guardians may choose to be notified about a student’s negative balance and the need to bring payment for future meal service. There are several options for notification:

• A note to the parent or guardian can be sent home with the student.
• A phone call may be made from the Nutrition Services (NS) department. NS will make at least two attempts to contact the student’s parent or guardian, suggesting payment options and recommending that the parent or guardian fill out a meal benefits application. This will help to determine if the student is eligible for free or reduced price meals.
• An automated phone call or email may be generated by the school district’s ParentSquare system.

1. The sale of foods in competition with the district’s lunch (NSLP) or breakfast (SBP) programs will be allowed in dining sites during lunch and breakfast periods with Board approval only when all income from the food sales accrues to the benefit of the district’s nutrition and food services or accrues to a school or student organization approved by the Board.
2. Students will be charged for second servings of meals or portions of meals served.

The following documents will be maintained by the district for three years after the current school year or longer, in the event of an unresolved audit(s). until the audit(s) has been completed:

1. All currently approved and denied confidential applications for free and reduced price meals or free milk, all current direct certification documents, eligibility verification documents and school membership or enrollment lists;
2. Financial records that account for all revenues and expenditures of the district’s nonprofit nutrition and food services programs, including procurement documents;
3. Records (i.e., recipes, ingredient lists and nutrition facts labels or product specifications) that document the compliance with nutrition standards for all program and competitive foods available for sale to students at a school campus;
4. Documents of participation data (i.e. meal counts) from each school in the district to support claims for reimbursement;
5. Production and menu records;
6. Records to document compliance with Paid Lunch Equity;
7. Records to document compliance with Revenue from Nonprogram Foods; and
8. Internal program monitoring documents for NSLP, SBP afterschool meals, CACFP and SFSP.