1 FEDERAL CHILD NUTRITION PROGRAMS February 2014 SCHOOL PROGRAMS BRANCH U.S. Department of Agriculture Food and Nutrition Service Child Nutrition Division Objectives 2 Provide an overview of the Federal Child Nutrition Programs, their administration and structure Clarify what is expected of those operating the Child Nutrition Programs Introduce you to new policies currently being implemented under the Child Nutrition Programs Answer questions about the operation of the Child Nutrition Programs Provide a tutorial on how to access online information resources 3 Structure and Administration of Child Nutrition Programs www.fns.usda.gov/cnd 4 Organizational Structure 5 Secretary of Agriculture Under Secretary for Food, Nutrition and Consumer Services Center for Nutrition and Policy Promotion Food and Nutrition Service Regional Offices OPS ROS SNAP CGA MTF CNP SNAS FNS Regional Offices Mountain Plains Region Midwest Region Northeast Region Western Region Mid Atlantic Region Southeast Region Southwest Region 6 Administrative Flow 7 FNS Headquarters Alexandria, VA FNS Regions - 7 State Agencies - 56 School Food Authorities – nearly 21,000 Schools – more than 100,000 Respective Duties 8 Headquarters Legislation Write regulations Develop national policy Regional Offices Implement regulations Technical assistance Program oversight Management evaluations Child Nutrition Programs 9 National School Lunch Program (NSLP) Afterschool Snack Service Seamless Summer Option School Breakfast Program (SBP) Special Milk Program for Children (SMP) Child and Adult Care Food Program (CACFP) At-Risk Afterschool Meals Summer Food Service Program (SFSP) Fresh Fruit and Vegetable Program (FFVP) Child Nutrition Programs FY12 10 ADP NSLP SBP SFSP CACFP 31.6 million 12.9 million 2.3 million 3.5 million About 100,000 schools in NSLP About 91,000 schools in SBP Federal appropriations for NSLP/SBP in FY12 were over 13.4 billion Legislative Authority 11 The National School Lunch Act National School Lunch Program Fresh Fruit and Vegetable Program Child and Adult Care Food Program Summer Food Service Program The Child Nutrition Act of 1966 School Breakfast Program Special Milk Program 12 The Regulatory Process Regulatory Process 13 Proposed Rule published for comments, not to be implemented Evaluate comments read/consider Final or Interim Regulation implemented; comments comments taken on Interim Regulation Notices announce routine updates Your Role in the Regulatory Process 14 In order for the regulatory process to work, we need your help! Your comments help FNS write rules www.regulations.gov 15 The National School Lunch Program Regulations 7 CFR 210 7 CFR Part 210 16 National School Lunch Program regulations Title 7 of the Code of Federal Regulations, Part 210 17 18 19 National School Lunch Program Operations SFA vs. LEA 20 School Food Authority SFA – School Food Authority Governing body responsible for the administration of one or more schools Has legal authority to operate a Program Local Educational Agency LEA – Local Educational Agency Governing body responsible for certifying and verifying F/RP school meal eligibility Non-Profit Food Service 21 Observe limitations on: service revenues 210.14(a) Competitive foods 210.11(b) Maintain financial management system and account for all revenue and expenditures 210.14 food Money must be used for the meal program Profits from competitive food must go to food service account Meals Priced as a Unit 22 A single reimbursable meal is priced as a unit charges for reimbursable meals cannot be assessed based on individual components Different prices may be charged depending on the total cost of producing each meal Some entrées are more expensive to purchase and/or prepare Point of Service Meal Counts 23 Count the number of reimbursable meals served by type at the point of service or through another system approved by the State Count meals where you can accurately determine: if the meal meets component requirements the eligibility status of the child Meal Service 24 The lunch period: 10:00 a.m. - 2:00 p.m. Meals must meet nutrition requirements Schools must display signage telling students what constitutes a reimbursable meal Overt Identification 25 Make no discrimination against any child because of his or her eligibility for F/RP meals in accordance with the approved policy statement SFA will not overtly identify students based upon their eligibility status SP-45-2012 clarified the prohibition on overt identification Sanitation and Health 26 Obtain two food safety inspections per year Report number of inspections to State Agency Develop food safety program/HACCP http://www.fns.usda.gov/food-safety/food-safetyresources#Nutrition Recordkeeping Requirements 27 Upon request, make all accounts and records pertaining to school food service available to the State and FNS Keep records for 3 (+) years Records must be available for audit or review at a reasonable time and place Claims for Reimbursement 28 Monthly unless combined with short months By benefit category--free, reduced-price, paid File claims within 60 calendar days or by State’s due date Report number of children approved for free or reduced price meals and the total enrollment on last operating day of October Equity in School Lunch Pricing/Nonprogram Foods Revenue 29 Seeks to ensure that sufficient funds are provided to the food service account for paid lunches Must be calculated annually Paid Lunch Equity Tool updated annually Non-program Revenue Tool FNS Policy Memo SP 15-2014 provides guidance, calculations and flexibilities for SY 2014-15 National Average Payment Factors 30 The average per lunch rates for reimbursement of free, reduced price and paid meals Adjusted annually – the rates of reimbursement change every year New rates become effective every July 1 6-Cents Performance Based Reimbursement 31 The HHFKA provides performance-based reimbursement for SFAs that demonstrate compliance with the meal patterns for both lunch and breakfast Additional 6 cents paid only for lunches claimed 86% of SFAs in the country are certified The 6-Cents Certification Process in SY 2013-14 32 Certification during Administrative Review: SP 51-2013 If SFA has not submitted certification materials, State agency will assess certification during an admin review SFAs may still submit certification documentation to State agency Ongoing compliance with the meal pattern requirements is monitored during administrative reviews FNS continues to work with State agencies to ensure that all SFAs meet certification requirement 6-Cents Cont’d 33 Some aspects of the meal pattern are phased in over several years SFAs must demonstrate compliance with those requirements in effect at time of certification SFAs must demonstrate compliance with both breakfast and lunch if SFA offers breakfast Coordinated Review Effort (CRE) 34 Now defunct---new Administrative Review process recently developed New Administrative Review designed to be streamlined and more comprehensive State agency conducts reviews with occasional help from FNS staff 3-year review cycle began SY2013-14 New Administrative Review Process 35 Extensive guidance and resources available on FNS website: http://www.fns.usda.gov/c nd/guidance/adminreview. htm Also refer to FNS policy memo SP 12-2013 adminreview@fns.usda.gov 36 NSLP Meal Pattern Requirements Updated Meal Requirements 37 The Healthy, Hunger-Free Kids Act of 2010 (HHFKA) directed USDA to implement the most significant update of nutrition standards for the school meal programs in over three decades Changes were effective: July 1, 2012 (SY 2012/13) for lunches July 1, 2013 (SY 2013/14) for breakfasts Upcoming Targets 38 To ease the transition to the new meal patterns for State agencies and SFAs, many of the HHFKA’s requirements are phased in over time For SY 2013-14: Upcoming targets for SY 2014-15: Implementation of new breakfast meal pattern 100% of grains to be “whole-grain rich” First sodium reduction target Breakfast fruit serving increases to 1 cup per day Future Targets: Second sodium target: SY 2017-18 Final sodium target: SY 2022-23 Proposed Rule: Local School Wellness Policy Implementation under the Healthy, Hunger-Free Kids Act The proposed rule would strengthen the requirements for the local school wellness policies and put more emphasis on policy implementation, periodic review, and updates. LWP must permit certain groups to participate in LWP development, implementation, reviewing and updates: LWPs must include policies that would permit the marketing of only those foods and beverages that are consistent with the Smart Snacks standards. Local Wellness Policy 40 LWP must consider evidence-based strategies and techniques addressing: Nutrition promotion and education Physical activity and; Other school based activities Community involvement Local school wellness policy must include nutrition standards for all other foods available on campus. 41 Smart Snacks in Schools Healthy, Hunger-Free Kids Act 42 Provided USDA authority to establish nutrition standards for all foods and beverages sold outside of the Federal child nutrition programs in schools. The law specifies that the nutrition standards shall apply to all foods sold: outside the school meal programs; on the school campus; and at any time during the school day. The School Nutrition Environment 43 Improving the nutritional profile of all foods sold in school is critical to: • • • improving diet and overall health of American children; ensuring children from all income levels adopt healthful eating habits that will enable them to live productive lives; and helping children make healthier choices and reduce their risk of obesity. Applicability 44 Including: • • • • • a la carte in the cafeteria in school stores snack bars vending machines other venues Where do the standards apply? 45 School campus: all areas of the property under the jurisdiction of the school that are accessible to students during the school day. When do the standards apply? 46 School day is the period from the midnight before, to 30 minutes after the end of the official school day. Interim Final Rule 47 Title: Nutrition Standards for All Foods Sold in School Published: June 28, 2013 Formal 120-day Comment period: June 28, 2013 to October 28, 2013 Implementation 48 Implementation date: beginning July 1, 2014 Provide feedback to USDA during implementation 49 Free and Reduced Price Meals Eligibility 50 Two processes for determining: Household Application Income eligibility Categorical eligibility Direct certification Categorical Eligibility 51 Receipt of SNAP, TANF or FDPIR benefits Eligibility “Other Source” status such as foster child or enrolled in Head Start Individual extended to all children in household eligibility May be determined by application or direct certification A Comparison of Application Types 52 Income Application Last four digits of the SSN of signing adult Current income Frequency of income Source of the income Household members, including child Signature of adult household member Categorical Application Child’s name Case number or indication of status Signature of adult household member Income Eligibility Guidelines (IEGs) 53 Used to determine eligibility for free or reduced price meals based on the family’s income FNS makes these calculations based upon the Federal poverty guidelines Issued in the Spring each year Income for Eligibility 54 Children from families whose income equals 130 percent of poverty or less are eligible for free meals Children from families whose income is more than 130 but less than 185 percent of poverty are eligible for reduced price meals Children from families whose household income is above 185 percent of poverty pay full price for their meals IEGs SY 2014-2015 55 Household Size Reduced Price Meals (185 Percent) Free Meals (130 Percent) Annual Month Week Annual Month Week 1 21,590 1,800 416 15,171 1,265 292 2 29,101 2,426 560 20,449 1,705 394 3 36,612 3,051 705 25,727 2,144 495 4 44,123 3,677 849 31,005 2,584 597 5 51,634 4,303 993 36,283 3,024 698 6 59,145 4,929 1,138 41,561 3,464 800 7 66,656 5,555 1,282 46,839 3,904 901 8 74,167 6,161 1,427 52,117 4,344 1,003 For Each Additional Person, Add +7,511 +626 +145 +5,278 +440 +102 Income and Households 56 Income before any deductions (such as taxes, Social Security taxes, insurance premiums, charitable contributions and bonds) Household a group of related or non-related people living under one roof as one economic unit Migrant, Runaway, or Homeless Children 57 Migrant children in the Migrant Education Program Runaways in the programs under Runaway and Homeless Youth Act Homeless children under the McKinney-Vento Act Foster Children & Head Start 58 Foster Children Any child whose care and placement is the responsibility of the State Any child who is formally placed by a court with a caretaker household Head Start All children enrolled in Head Start are categorically eligible Mandatory Direct Certification 59 Requires the LEA to conduct direct certification with SNAP at least three times per year All children in the household certified for free meals if any child or adult in the household receives SNAP State agency enters into an agreement with their SNAP agency establishing direct certification procedures Discretionary Direct Certification 60 An LEA may certify a child for free meals without further application by directly communicating with officials to determine if the child is: a TANF family member homeless served by certain runaway or homeless youth programs a migrant a Head Start enrollee In foster care Documentation for Direct Certification 61 SNAP or TANF officials provide documentation to schools that a child is certified Name of child A certifying statement Identifiers (e.g., SSN and Date of Birth) Signature of SNAP/TANF official Date Confidentiality 62 Individual children’s eligibility status and information protected by NSLA Law allows limited disclosures Any direct certification system or data exchange must ensure limited disclosure within statutory requirements Eligibility Manual 63 Available on our website Incorporates all memos and changes regarding F/RP policies Updated annually Recipient of Information What May be Disclosed Requirements Programs under the National School Lunch Act or Child Nutrition Act All eligibility information Prior notice and consent not required Federal/State or local means tested nutrition programs with eligibility standards comparable to the NSLP Eligibility status only Prior notice and consent not required Federal education programs Eligibility status only Prior notice and consent not required State education programs administered by a State agency or local Eligibility status only education agency Prior notice and consent not required Local education programs Parental consent NO eligibility information, unless parental consent is obtained Medicaid or the State Children’s Health Insurance Programs All eligibility information unless parents (SCHIP), administered by a State or local agency authorized elect not to have information disclosed under titles XIX or XXI of the Social Security Act to identify and enroll eligible children Must give prior notice to parents and opportunity for parents to decline to have their information disclosed State health programs other than Medicaid/SCHIP, administered Eligibility status only by a State agency or local education agency Prior consent not required Federal health programs other than Medicaid/SCHIP NO eligibility information, unless parental consent is obtained Parental consent Local health program NO eligibility information, unless parental consent is obtained Parental consent Comptroller General of the United States for purposes of audit and examination All eligibility information Prior notice and consent not required Federal, State, or local law enforcement officials investigating alleged violations of any of the programs under the NSLA and CNA or investigating violations of any of the programs that are authorized to have access to names and eligibility status 64 All eligibility information Prior notice and consent not required 65 The Verification Process Verification 66 Local responsibility, though the State may conduct the process Use number of applications approved as of October 1 as the pool LEAs must verify the required number of applications by November 15 every year Standard Sample Size 67 3% or 3000, whichever is less, of error prone applications Error prone means income within $100 per month ($1200 per year) of the threshold established through the IEG. The Verification Process 68 Confirmation Review Made by someone other than the person who made the initial determination to check for errors if no data system is used in the initial determination Notifying Household Request documentation Provide contact information Completing Verification 69 With non-respondents, one follow-up attempt is required LEA should document the follow-up attempt, perhaps on the application If benefits reduced or terminated, inform household in writing and provide appeal rights Unless appealed, change the child’s eligibility status within 10 days Verification Collection Report 70 FNS-742, Verification Collection Report LEA submits annually to SA, by March 1 SA consolidates reports and submits to FNS by April 15 Electronic submission available 71 Special Provision Options: Provisions 1, 2, and 3 Community Eligibility Provision Provision 1: Simplified Applications 72 Free certifications for 2 year period > 80% enrolled students eligible for free or reduced-price meals All other households provided meal application and allowed to apply for benefits each year Schools record daily meal counts by eligibility category as basis for Claims for Reimbursement Provision 2: Simplified Counting and Claiming 73 Schools make eligibility determinations and count meals by type (F/RP/P) in the first year (Base Year) Use claiming percentages from base year in nonbase years, take total meal counts only. Schools certify children for F/RP meals for up to 4 school years All students receive meals at no charge Provision 2: Base Year 74 September 2012: 80 free meals 15 reduced price meals + 5 paid meals = 100 total meals per day 80/100 = 80% Free 15/100 = 15% Reduced 5/100 = 5% Paid Provision 2: Non-Base Year Example 75 September 2013 Total meal count for the month: 150 Claim for Reimbursement: .80 x 150 = 120 free rate .15 x 150 = 23 reduced price rate .05 x 150 = 7 paid rate Provision 3: Simplified Counting and Claiming 76 Schools follow procedures similar to those under Provision 2 Schools receive the same level of federal cash and commodity assistance each year, with some adjustments, for a 4-year period Provision 3: Base Year 77 Base Year Outside of the 4-year cycle Offer meals either at no charge, or charge students eligible for RP/P meals Make eligibility determinations and count daily meals by type Establish base year socioeconomic data Claim reimbursement from these counts Provision 3: Non- Base Year 78 Non-Base Years Offer all meals at no charge Count total meals Claim reimbursement according to Base Year numbers adjusted for: Inflation Change in enrollment Change in number of operating days Extensions 79 Provisions 2 and 3 can be extended for 4-years if the income level of the school’s population: Remained stable Declined Had negligible improvement (5% or less) 7CFR 245.9(c)(1)(ii) and 7CFR245.9(e)(1)(ii) Community Eligibility Provision (CEP) 80 Section 104 (a) of the Healthy, Hunger Free Kids Act of 2010. An alternative to collecting household applications for free and reduced price meals in high poverty local educational agencies (LEA) and schools. Eligible LEAs/schools agree to serve all students free lunches and breakfasts for 4 successive school years. LEA Eligibility for CEP 81 LEAs may elect the CEP for the entire district, individual schools, or a group of schools. To be eligible; the LEA, individual school, or group of schools must have an identified student percentage of at least 40%. Identified students are those certified for free meals that are NOT subject to verification. (example: directly certified through SNAP). How Does the CEP Work? 82 The identified student percentage multiplied by a factor of 1.6 equals the percentage of total meals served reimbursed at the Federal free rate. The remaining percentage of total meals is reimbursed at the Federal paid rate. Any meal costs in excess of the total Federal reimbursement must be covered through nonFederal sources. How Does the CEP Work? 83 LEA and schools run direct certification matches no later than April 1st of each year to obtain current counts of SNAP, TANF, and FDPIR participants. Homeless, migrant youth, and foster children lists are matched no later than April 1st of each year to include in the identified student percentage. Each year of the 4-year cycle, LEAs or schools may use the identified student percentage from the year prior to the first year or an updated identified student percentage from the prior year, whichever is higher. When is the CEP Available? 84 FNS selected three states for SY 2011-12, four states for SY 2012-13, and four states for SY 2013-14. LEAs and schools in SY 2011-12: Illinois, Kentucky, and Michigan SY2012-13: the District of Columbia, New York, West Virginia SY Ohio, and 2013-14: Florida, Georgia, Maryland, and Massachusetts Available nationwide starting in SY 2014-15. For more information, see CEP webpage 85 The School Breakfast Program 7 CFR Part 220 How to Participate 86 Amend NSLP agreement with State agency Serve complete breakfasts at the beginning of the child's school day (in the a.m.) Count and claim meals by category Outreach to Households Breakfast/Lunch Similarities 87 Use the same eligibility determinations Take point of service meal counts by type Consolidate and claim reimbursements Use the same nonprofit account Severe Need Schools 88 Schools receive higher reimbursement in SBP if at least 40% of lunches served in the 2nd preceding year were free or reduced price Schools without 2nd preceding year history may be eligible School Breakfast Expansion 89 Serving breakfast at school helps to ensure that all students have an opportunity to enjoy a morning meal 5.5% participation growth in previous school year Alternative serving methods increase access to breakfast Grab and Go Breakfast in the Classroom (BIC) Provision 2/3 SBP Service Breakfast After 1st Period Breakfast on the Bus Initiatives like Let’s Move! and the NFL’s Fuel up to Play 60 complement SBP expansion Updated SBP Toolkit 90 A collection of digital resources to assist in the launch or expansion of the SBP Toolkit designed primarily for school food service directors State agencies use to supplement their materials Not intended to replace/duplicate policy or technical assistance documents Accessible to stakeholders at all levels Where is it located? 91 Featured on: http://www.fns.usda.gov/healthierschoolday Also accessible through: http://www.fns.usda.gov/sbp 92 Fresh Fruit and Vegetable Program FFVP School Selection Criteria 93 Must be an elementary school Must operate the NSLP Must submit an application Must have at least 50% F/RP Priority given to schools with the highest % of lowincome students Total enrollment of all schools must result in a perstudent allocation of $50-$75 Outreach to Low Income Schools 94 SAs must inform elementary schools with the highest proportion of F/RP enrollment, including Native American schools, of eligibility for participation in the FFVP This includes the likelihood that they will be chosen to participate due to high F/RP eligibles General Program Parameters 95 Addendum to Federal/State agreement Properly executed State/Local agreements School applications taken every year State operates program on monthly reimbursement basis Available during the school day in one or more areas of the school Provided apart from lunch or breakfast Widely publicize availability in school 96 Snacks Under the NSLP Afterschool Snack Service 97 Sponsored or operated by the school district Located in a district where at least one school participates in the NSLP All snacks are served free at area eligible schools (where 50% or more of students qualify for F/RP meals) Free, reduced price, and paid snacks at all other schools (non-area eligible schools) Children must be age 18, or under, at start of school year Served on regular school days Afterschool Snack Reimbursement Claims 98 One afterschool snack per child per day Meal pattern (2 of 4 items): Milk Vegetable or fruit Grains/bread Meat/meat alternate School must keep records 99 The Child and Adult Care Food Program and Summer Food Service Program 7 CFR 226 What Does the Child And Care Food Program (CACFP) Do? 100 Provides reimbursements for: Nutritious meals to eligible children 12 years and under* in non-residential child care Afterschool meals and snacks to children 18 and under in low-income areas Meals in emergency shelters to residents 18 and under Meals for eligible adults in non-residential day care centers Operates year-round At-Risk Afterschool Meals 101 Reimbursable supper, or another meal, and snack Located in low-income areas All suppers and snacks served free Children age18, or under, at start of school year After school, weekends, and holidays The Summer Food Service Program (SFSP) 102 Provides reimbursement for nutritious meals and snacks during the summer months and other extended school breaks in areas of economic need Draws children to supervised activities that are safe, fun, healthy and educational Fills the nutritional gap for children who rely on free and reduced price school meals Schools can be sponsor sites when not in session SFSP Advantages 103 Receive maximum rates of reimbursement Pay for any allowable cost, whether operating or administrative Plan and budget more reliably Waive review of experienced school sponsors’ budgets SFSP vs. Seamless Summer Option (SSO) How Can Schools Participate in SFSP? 104 Become a SPONSOR: organize meal services for children at local schools, as well as recreation centers, playgrounds, parks, and camps Host a SITE: supervise children’s meals at a local school Be a VENDOR: prepare and sell meals to another sponsor Seamless Summer Option (SSO) 105 Combines NSLP, SFSP, SBP, but operates much like NSLP Same recordkeeping/claim/documentation as NSLP/SBP Receive NSLP/SBP rates Available to SFAs in any State Serve all meals free to children May be used over long breaks in year round schools Goal is to encourage schools to provide summer meals 106 Team Nutrition Overview and Online Resources Team Nutrition (TN) 107 GOAL: To improve children’s lifelong eating and physical activity habits by using the principles of the Dietary Guidelines for Americans OBJECTIVES: Provide Foodservice Training and Technical Assistance Provide Nutrition Education and Promotion Materials Involve School and Community Partners in Promoting Healthy Eating and Physical Activity Why Be a Team Nutrition School? 108 Encourages partnerships between teachers, school foodservice staff, principals and parents Receive notification FIRST of new materials Receive materials given ONLY to TN Schools It’s easy and free Team Nutrition Resources 109 Resources for schools MyPlate Resources Eat Smart. Play Hard.TM Resources Power of Choice Empowering Youth Nutrition Essentials HealthierUS School Challenge 110 Voluntary initiative Schools must meet specified criteria Recently revised to reflect updated meal patterns Certified for 4 years Local and National recognition To date, 6,521 elementary and secondary schools in 49 States are currently certified as Bronze, Silver, Gold, or Gold of Distinction awardees QUESTIONS? 111 Thank You! 112