Agreement and Policy StatementOriginal and Renewals Distance Learning May 1, 2014 Karen Franklin, SNS
Why? • Each year the state of Arkansas and the United States Department of Agriculture (USDA) have an agreement • USDA will: • Interpret legislation and laws • Provide policies, guidance and instructions • Pay claims to fund child nutrition programs WHEN FUNDS ARE MADE AVAILABLE for them to do so…if funding is not provided USDA is not obligated to pay
Why? • Arkansas Department of Education (ADE) will: • Administer the Child Nutrition Programs (CNP) in the Arkansas public schools according to federal and state laws and regulations • Monitor as required • Train child nutrition personnel in program management • Pay claims when funds are provided from USDA
Why? • The state of Arkansas through ADE Child Nutrition Unit (CNU) has an agreement with each School Food Authority/Local Education Agency (SFA/LEA) • SFA/LEA will: • Follow all laws, rules and regulations for CNPs • ADE CNU will: • Administer the CNP for SFA/LEA • Publish laws, rules, regulations • Pay claims to SFA/LEA if USDA provides the money
Why? • The ADE/SFA Original Agreement and Policy Statement is updated every few years • In school years between Original Agreement and Policy Statement there is a Renewal of Agreement and Policy Statement • The Renewals give updated information for the new school year regarding changes in laws, rules and regulations • The Renewals also give updated information for each school within a school district
What is the difference? • Agreement: The SFA/LEA and ADE agreement regarding following all federal and state rules and regulations • Policy Statement is methods and procedures the district will use in implementing the free and reduced price meals program: • Determine meal eligibility • Count and claim meals • Inform the public • Report to ADE, CNU the people responsible for each aspect of the program
Agreement and Policy Statement • MOST of the information and wording in the Original Agreement and Policy Statement are REQUIRED by regulation. (We don’t make this stuff up!!!) • If you want to see the exact wording of USDA requirements look at 7 CFR 210, 220 and 245. • Some Arkansas specific information and wording have been added to the USDA requirements.
Original Agreement and Policy Statement 2006-07 SY Effective beginning 2006-07 school year Signed by Superintendent, District Child Nutrition Director, Director Child Nutrition Unit (Wanda Shockey) Includes the regulations citations indicating the requirements that are being agreed to between SFA and ADE. Renewal Agreement and Policy Statement signed each school year – Agree to continue all agreed upon in the 2006-07 original agreement; also agree to do everything in 2007-08, 08-09, 09-10, 10-11, 11-12, 12-13, 13-14 and now 2014-15 school year renewals
Original Agreement and Policy Statement Regardless of whether or not you were the person that signed the Original Agreement and Policy Statement you have agreed to continue to do what the previous CND and/or Superintendent agreed to in the original Agreement and Policy Statement from 2006-07 SY. Very important to have the Original Agreement and Policy Statement and ALL subsequent renewals on file at the child nutrition office. You have to know in order to ensure your program is following all requirements!
Agreement Between SFA/LEA and ADE THE DEPARTMENT AGREES THAT, to the extent of funds available, it shall reimburse the School Food Authority in connection with meals or milk served to school children in the indicated program(s) in schools listed in Program Schedule A attached hereto, during the effective period of this Agreement. Pg. 3 Paragraph 2.
School District (SFA/LEA)Agrees to: Based on the 0riginal 2006-07 Agreement: THE SCHOOL FOOD AUTHORITY AGREES THAT it will conform to the following requirements in the conduct of all program(s): … Pg. 3 mid-page School food authority and participating schools under its jurisdiction, shall comply with all provisions of 7 CFR Parts 210, 215, 220 and 245 an all state and federal guidelines as applicable. Pg. 3 #1
School District (SFA/LEA)Agrees to: Maintain a nonprofit school food service and observe the limitations on the use of nonprofit school food service revenues set forth in … Pg.3 #2 And observe the limitations on any competitive school food service as set forth in Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schools. Pg. 3 #2
School District (SFA/LEA)Agrees to: Limit its net cash resources to an amount that does not exceed three months average expenditures for its nonprofit school food service. Pg. 3 #3 Maintain a financial management system as prescribed under… Pg.3 #4
School District (SFA/LEA)Agrees to: Comply with the requirements of The Department’s (Arkansas Department of Education) regulations regarding financial management. Pg. 3 #5 Serve lunches, during the lunch period, which meet the minimum requirements prescribed in Sec. 210.10 or 210.10(a) whichever is applicable. Pg. 3 #6
School District (SFA/LEA)Agrees to: Serve breakfasts which meet the minimum requirements prescribed in Sec. 220.8 or 220.8(a), whichever is applicable, during a period designated as the breakfast period by the school Ref. Sec. 220.7(e)(2). Pg. 3 #6. Price the lunch and breakfast as a unit. Pg. 3 #7
School District (SFA/LEA)Agrees to: Serve lunches/breakfasts free or at a reduced price to all children who are determined by the School Food Authority to be eligible for such meals under 7 CFR Part 245 Ref. Sec. 210.9(b)(7) and 220.7(e)(4). Pg. 3 #8 Claim reimbursement at the assigned rates only for reimbursable free, reduced price and paid lunches, and breakfasts to eligible children in accordance with… Pg. 3 #9
School District (SFA/LEA)Agrees to: The school food authority official signing the claim shall be responsible for reviewing and analyzing meal counts to insure accuracy as specified in Sec. 210.8 governing claims for reimbursement. Pg. 3 #9 Failure to submit accurate claims will result in the recovery of an over-claim and may result in the withholding of payments, and/or suspension or termination of the program as specified in Sec. 210.25. Pg. 4 #9
School District (SFA/LEA)Agrees to: If failure to submit accurate claims reflects embezzlement, willful misapplication of funds, theft, or fraudulent activity, the penalties specified in Sec. 210.26 shall apply” Ref. Sec. 210.9(b)(8). Pg. 4 #9 Count the number of free, reduced price and paid reimbursable meals served to eligible children at the point of service. Pg. 4 #10
School District (SFA/LEA)Agrees to: Submit Claims for Reimbursement in accordance with Secs. 210.8, 215.10 and 220.11, Ref. Secs. 210.9(b)(10), 215.7(d)(5) and 220.7(e)(7). Pg. 4 #11
School District (SFA/LEA)Agrees to: The program applicant hereby agrees that it will comply with: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), • Title IX of the Education Amendments 1972 (20 U.S.C. 1681 et seq.), • Section 504 of the Rehabilitation Act 1973 (29 U.S.C. 794), • the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), • all provisions required by the implementing regulations of the Department of Agriculture, Department of Justice Enforcement Guidelines, 28 CFR 50.3 and 42, and Food and Nutrition Services (FNS) directives and guidelines… Pg. 4 #12,
School District (SFA/LEA)Agrees to: …to the effect that, no person shall, on the grounds of race, color, national origin, sex, age or disability, be excluded from participation in, be denied benefits of, or otherwise be subject to discrimination under any program or activity for which the program applicant receives federal financial assistance from FNS; and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement” (7 CFR parts 15, 15(a), 15(b). Pg. 4 #12
School District (SFA/LEA)Agrees to: Child Nutrition Programs are prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (USDA changed the non-discrimination statement to be used by child nutrition programs beginning 2013-14 school year. The new statement includes information for ALL USDA programs. The child nutrition program DOES NOT observe ALL of the protected groups in the statement – only the ones listed above!!!)
School District (SFA/LEA)Agrees to: By accepting this assurance, the program applicant agrees to compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws… Pg. 4 #13 and permit authorized United States Department of Agriculture (USDA) personnel during normal working hours to review such records, books and accounts as needed to ascertain compliance with the nondiscrimination laws. Pg. 4 #13
School District (SFA/LEA)Agrees to: If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. Pg. 4 #13 This assurance is binding on the program applicant and its successors, transferees and assignees, as long as they receive assistance or retain possession of any assistance from the Department. Pg. 4 #13 The person or persons whose signatures appear on this form are authorized to sign this assurance from The Department. Pg. 4 #13
School District (SFA/LEA)Agrees to: The person or persons whose signatures appear on this form are authorized to sign this assurance on behalf of the program applicant. Pg. 4 #13 Ref. FNS Instruction 113-1, “Civil Rights Compliance and Enforcement in the Nutrition Programs and Activities,” and Secs. 210.9(b)(11), 215.7(d)(3) and 220.7(e)(15). Pg. 4 #13
School District (SFA/LEA)Agrees to: Make no discrimination against any child because of his or her eligibility for free or reduced price meals in accordance with the approved Free and Reduced Price Policy Statement. Pg. 4 #14 (The Policy Statement is part of the Agreement and covers the Free and Reduced Price meal eligibility process, determinations, verification, etc.) Enter into an agreement to receive donated foods as required by 7 CFR Part 250. Ref. Sec. 210.9(b)(13). (meaning: USDA Donated Foods or Commodities) Pg. 4 #15
School District (SFA/LEA)Agrees to: Maintain, in the storage, preparation and service of food, proper sanitation and health standards in conformance with all applicable State and local laws and regulations. Pg. 4, #16 Accept and use, in as large quantities as may be efficiently utilized in its nonprofit school food service, such foods as may be offered as a donation by the Department. Pg. 4 #17 Maintain necessary facilities for storing, preparing and serving food. Ref. Secs. 210.9(b)(16) and 220.7(e)(11). Pg. 4 #18
School District (SFA/LEA)Agrees to: Upon request, make all accounts and records pertaining to its school food service/milk program available to the State agency and to FNS, for audit or review, at a reasonable time and place. Pg. 4 #19 Such records shall be retained for a period of three years after the date of the final Claim for Reimbursement for the fiscal year to which they pertain, except that if audit findings have not been resolved, the records shall be retained beyond the three-year period as long as required for resolution of the issue raised by the audit. (Arkansas state law requires 5 year retention of records.) Pgs. 4-5 #19
School District (SFA/LEA)Agrees to: Maintain files of currently approved and denied free and reduced price applications respectively, and the names of children approved for free lunch based on documentation certifying that the child is included in a household approved to receive benefits under the food stamp program (now called SNAP – Supplemental Nutrition Assistance Program). Pg. 5 #20 If applications are maintained at the school food authority level, they shall be readily retrievable by school. Ref. Sec. 210.9(b)(18). Pg. 5 #20
School District (SFA/LEA)Agrees to: Retain the individual applications for free and reduced price lunches/breakfasts/free milk/afterschool snacks submitted by families for a period of three years after the end of the fiscal year to which they pertain or as otherwise specified under paragraphs 210.9(b)(17), 215.7(d)(8) and 220.7(e)(14). (Arkansas law requires 5 year retention of records.) Pg. 5 #21
School District (SFA/LEA)Agrees to: Provide the State agency with a list of all schools under its jurisdiction in which 50 percent or more of enrolled children have been determined eligible for free or reduced price meals as of October 1st of each school year. Ref 210.9(b)(20). [Cycle 2 Report] Pg. 5 #22 The program applicant hereby agrees that it will comply with the Drug-Free Workplace Act of 1988, Title V Subtitle D: and 7CFR Part 3017, Subpart F. Pg. 5 #23
School District (SFA/LEA)Agrees to: The program applicant hereby agrees to comply with USDA regulation requirement of implementation of a district “Wellness Policy”. The applicant has attached the Wellness Policy Declaration Page (Attachment A-3 Page 1) and either the completed “Wellness Policy Checklist” (Attachment A-3, Pages 2-11), the Checklist with attachments, or has attached the district’s approved Wellness Policy. Public Law 108-265. Pg. 5 #24
School District (SFA/LEA)Agrees to: The program applicant hereby agrees to implement a Food Safety Plan for all serving sites using as a reference Hazard Analysis Critical Control Points (HACCP) in compliance with Public Law 108-265 (Attachment A-4 of this Agreement). Pg. 5 #25 The program applicant hereby agrees to abide by The Final Rules Governing Child Nutrition Certification as described in Commissioner’s Memo IA-05-094. Ark. Code Ann. 20-7-134, 20-7-135. Pg. 5 #26
School District (SFA/LEA)Agrees to: The program applicant hereby agrees to use the Direct Certification information supplied by the Arkansas Department of Education to certify students listed as eligible for Free meal benefits. 7 CFR Part 245.6a, Part 25.11. Pg. 5 #27 The program applicant hereby agrees to have two health inspections at each serving site each school year (Attachment A-5). Public Law 108-265 amended Section 9 (h) of the Richard B. Russell National School Lunch Act. Pg. 5 #28
Special Milk The Special Milk Program (SMP) is only available to SFA/LEAs that DO NOT HAVE the School Breakfast Program (SBP) or the National School Lunch Program (NSLP). At this time all of the public schools in Arkansas have the SBP and NSLP, therefore are not eligible for the SMP. Pg. 5 Box in middle of page
Afterschool Snack Afterschool Snack authority and regulations are part of 7 CFR 210 (the NSLP regulations), therefore the information about Afterschool Snack is included as part of the Original Agreement. For an SFA/LEA to use the Afterschool Snack program a Schedule B must be completed EACH SCHOOL YEAR to indicate which schools will be serving Afterschool Snacks. While the Schedule B is part of the Agreement or Renewal Agreement it can be completed anytime during the school year the district decides to start using the program. Complete the Schedule B and submit to ADE CNU at least two weeks prior to beginning the snack meal service in order for approval to be received and claims to be paid.
Afterschool Snack The SFA/LEA agrees to adhere to the special provisions of the Afterschool Snack Program, which are described in the following paragraphs numbered 1-13. Pg. 5 bottom of the page • The Afterschool Snack Program(s) is operated only by a school(s) currently operating a National School Lunch Program (NSLP) and will be available only to students that are 18 years old or under except that reimbursement may be claimed for a student whose 19th birthday occurs during the school year. The federal afterschool snack program must be operated as part of the district food service programs as supervised by the district nutrition director. Pg. 5 #1
Afterschool Snack • The purpose of the program(s) is to provide care in an after school setting. The program(s) is organized to provide children with regularly scheduled activities in a setting that is structured and supervised. Pg. 6 #2 • The program(s) includes education or enrichment activities in an organized, structured and supervised environment. Extracurricular activities can only qualify if the basic purpose of the Afterschool Snack Program is to provide after school care. Under no circumstance can organized athletic programs engaged in interscholastic sports be approved as an Afterschool Snack Program. Pg. 6 #3
Afterschool Snack • Reimbursement will only be claimed for snacks served after the school day ends. Pg. 6 #4 • The maximum charge for a reduced price snack is $.15, 210.9 (c)(4). Pg. 6 #5 • Snacks claimed for reimbursement will meet the snack pattern for snacks as set forth in 7 CFR section 210.10(n) and 210.10a(j). Pg. 6 #6
Afterschool Snack • Price the Afterschool Snack meal supplement as a unit, 210.9(c)(2). Pg. 6 #7 • Serve Afterschool Snack meal supplements free or at a reduced price to all children who are determined by the school food authority to be eligible for free or reduced price meals under 7CFR part 245, 210.9(c)(3). Pg. #8 • Claim reimbursement at the assigned rates only for Afterschool Snack meal supplements served in accordance with the agreement, 210.9(c)(5). Pg. 6 #9 • Claim reimbursement for no more than one Afterschool Snack meal supplement per child per day, 210.9(c)(6). Pg. 6 #10
Afterschool Snack • Review each afterschool care program two times a year; the first review shall be made during the first four weeks that the school is in operation each school year, except that an afterschool care program operating year round shall be reviewed during the first four weeks of its initial year of operation, once more during its first year of operation, and twice each school year thereafter, 210.9(c)(7). Pg. 6 #11 • Comply with all requirements for claims for reimbursement (as required by Sec. 210.9(b)(8). Pg. 6 #12
Afterschool Snack • The following records are required and will be maintained to support the claim for reimbursement: AREA ELIGIBLE: All snacks served free • Documentation that verifies annually that 50% or greater of the enrolled students are certified eligible for free and reduced price meals or documentation to verify that the site is located in an attendance area of a school where at least 50% of the enrolled children are eligible for free or reduce price meals. The required ANNUAL documentation includes the attached form and the previous year’s applications for free and reduced price meals, the direct certification list, homeless list and/or migrant list. • Daily count of total snacks served free to students. • Production records that document the service of snacks that meet the snack pattern. • Documentation of individual children’s attendance on a daily basis. Pg. 6 mid-page
Afterschool Snack NON AREA ELIGIBLE: Snacks served at free, reduced price, and paid rates • Documentation (current school year applications for free and reduced price meals, direct certification list, homeless list and/or migrant list) is required for all students served free or at a reduced price. • Daily count of snacks served by category (free, reduced price, and paid). • Record of payment to CN program for reduced and paid snacks. • Production records that document the service of snacks that meet the snack pattern. • Documentation of individual children’s attendance on a daily basis. Pg. 6 bottom of page
Seamless Summer Option Seamless Summer Option authority and regulations are part of 7 CFR 210 (the NSLP regulations), therefore the information about Seamless Summer is included as part of the Original Agreement. For an SFA/LEA to use the Seamless Summer Option a Schedule C-xx must be completed EACH SCHOOL YEAR to indicate which schools will be serving Seamless Summer meals. While the Schedule C-xx is part of the Agreement or Renewal Agreement it can be completed when the district decides to start using the program. Complete the Schedule C-xx and submit to ADE CNU at least two weeks prior to beginning the Seamless Summer Option meal service in order for approval to be received and claims to be paid.
Seamless Summer Option A Commissioner’s Memo is published each spring to give SFA/LEAs information about summer meal options available. The Memo regarding summer meal options for the summer of 2014 is FIN-14-049. This memo explains the options SFA/LEAs have in providing meals to children during the summer when school is not in session. This memo gives comparison chart of reimbursement paid for all summer feeding options available. (ADE regular summer, ADE Seamless Summer, DHS Summer Food Service Program – SFSP)
Seamless Summer Option This option combines features of the National School Lunch Program (NSLP), the School Breakfast Program (SBP), and the Summer Food Service Program (SFSP). The purpose of this option is to feed children in low- income areas during the summer months (or during extended breaks of a year-round school schedule). This option reduces paperwork and administrative burden that is normally associated with operating all three programs. Pg. 7, third paragraph The SFA/LEA will follow requirements, where applicable, in the NSLP and SBP regulations at 7 CFR Parts 210, 220 and 225 for this option. Pg. 7, third paragraph
Seamless Summer Option The location and description of the option site, percentage of Free/Reduced price meals, type of site and method of advertisement are listed on Schedule C-xx Schedule C-14 is for Seamless Summer Option meals served in the summer of 2014. Schedule C-15 is for Seamless Summer Option meals served in the summer of 2015. Schedule C-xx – the “xx” is for the year the meals are being served.
Seamless Summer Option Special Provisions of the Seamless Summer Option • The SFA/LEA agrees to adhere to the special provisions of the Seamless Summer Option, which are described in the following paragraphs numbered 1(a) – 1(i). Pg. 7 #1 • General Program Administration and Sponsor Responsibilities As required in §225.14(c)(1) of the SSO regulations, the SFA/LEA demonstrates financial and administrative capability for Program operations and accepts final financial and administrative responsibility for total Program operations at all sites. Pg. 7 #1 a)
Seamless Summer Option b). Site Eligibility The SFA/LEA will follow SSO policy (established in the body of regulations, instructions, handbooks, and other written guidance) to choose SSO sites. A Site Is – a school or location (non-school facility, i.e.: buildings or outdoor locations) where students consume meals. All sites must be reported on Seamless Summer Schedule C-xx. Type of Site Eligibility as Required on Schedule C-xx Open Site - Sites located in needy areas, that is, where 50 percent or more of the children qualify for free or reduced price school meals. All of these sites will be open to all children through age 18 in the community including sites in year around schools.
Seamless Summer Option Open Site con’t. Otherwise, schools will not be eligible to participate in the Seamless Summer Option, and meals at such schools will be reimbursed based on the individual student eligibility for free, reduced price, or paid rates. Pg. 8 top of page Year-round schools may operate SSO sites for off-track students, provided that the sites are open to all children in the area eligible community. Meals for on-track students will be reimbursed based on the individual student eligibility for free, reduced price, or paid rates. Pg. 8