National School Meals Program

PURPOSE: The State Board of Education (board) is authorized and directed to cooperate with the secretary of agriculture to administer programs to provide meals to students. This rule establishes the regulations for the establishment, maintenance, and operation of the national school meals program, including: determining eligibility for Free and Reduced Price Meals and Milk in Schools; the National School Lunch Program; and the School Breakfast Program. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (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 191.800-191.815, 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 the department for 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. (2) 7 CFR parts 210, 220, and 245, and 42 U.S.C. section 1773 are hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, in August 2021. Copies of these regulations can also be obtained from the Department of Elementary and Secondary Education, Division of Financial and Administrative Services, Food and Nutrition Services Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/dese-administrativerules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions. AUTHORITY: sections 161.092, 167.201, 178.430, and 191.800-191.815, RSMo 2016.* This rule was previously filed as 5 CSR 40-680.010. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Amended: Filed June 11, 1976, effective Oct. 1, 1976. Amended: Filed July 6, 1976, effective Nov. 1, 1976. Amended: Filed Nov. 12, 1976, effective March 1, 1977. Amended: Filed Feb. 3, 1977, effective June 1, 1977. Amended: Filed July 10, 1978, effective Oct. 16, 1978. Amended: Filed Jan. 31, 1979, effective May 14, 1979. Amended: Filed Aug. 16, 1979, effective Nov. 12, 1979. Amended: Filed Oct. 11, 1979, effective Jan. 14, 1980. Amended: Filed Dec. 7, 1979, effective March 14, 1980. Amended: Filed March 4, 1980, effective July 1, 1980. Amended: Filed June 26, 1980, effective Nov. 17, 1980. Amended: Filed Sept. 12, 1980, effective Dec. 15, 1980. Amended: Filed Nov. 17, 1980, effective March 16, 1981. Amended: Filed Feb. 3, 1981, effective May 12, 1981. Amended: Filed Nov. 6, 1981, effective Feb. 15, 1982. Amended: Filed April 26, 1982, effective Aug. 13, 1982. Amended: Filed Aug. 27, 1982, effective Dec. 13, 1982. Amended: Filed Jan. 24, 1983, effective May 16, 1983. Amended: Filed Feb. 25, 1983, effective June 13, 1983. Amended: Filed June 7, 1983, effective Sept. 12, 1983. Amended: Filed July 20, 1983, effective Nov. 14, 1983. Amended: Filed Oct. 5, 1983, effective Jan. 16, 1984. Amended: Filed June 12, 1984, effective Sept. 14, 1984. Amended: Filed June 28, 1985, effective Oct. 1, 1985. Amended: Filed June 17, 1986, effective Sept. 12, 1986. Amended: Filed Nov. 26, 1986, effective Feb. 12, 1987. Amended: Filed April 8, 1987, effective June 25, 1987. Amended: Filed May 27, 1987, effective Aug. 27, 1987. Amended: Filed Sept. 25, 1987, effective Dec. 24, 1987. Amended: Filed March 1, 1988, effective May 26, 1988. Amended: Filed Sept. 9, 1988, effective Dec. 12, 1988. Amended: Filed April 28, 1989, effective July 27, 1989. Amended: Filed May 23, 1990, effective Sept. 28, 1990. Amended: Filed Oct. 23, 1991, effective March 9, 1992. Amended: Filed Aug. 19, 2021, effective March 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 167.201, RSMo 1963; 178.430, RSMo 1963; 191.800–191.813, RSMo 1992; and 191.815, RSMo 1992, amended 1993, 1995.