COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 2

May 11, 2007

REGULATORY

TO:	Division Superintendents
FROM:	Billy K. Cannaday, Jr. Superintendent of Public Instruction
SUBJECT:	Agreement to Participate in the School Nutrition Programs for School Year 2007-2008

The Annual Agreement to participate in the National School Lunch, School Breakfast, Special Milk, and Afterschool Snack Programs must be submitted to the Virginia Department of Education no later than July 2, 2007. The School Nutrition Programs Web-based system (SNPWeb) will be available for data entry of the 2007-2008 Annual Agreement beginning Monday, May 21, 2007.

Federal regulations require each school division to enter into an annual agreement with the Virginia Department of Education (VDOE) in order to participate in these School Nutrition Programs. The Annual Agreement is created and submitted using the School Nutrition Programs Web-based (SNPWeb) system. The division superintendent is the legal signature authority required to sign the agreement and is the individual responsible for compliance with all regulations governing the school nutrition programs.

School divisions that contract with a food service management company (FSMC) for the operation of their school nutrition programs may not delegate this authority to any employee of the food service management company. Federal regulations require that the school division,“...Retain signature authority on the State Agency-School Division Annual Agreement, free and reduced price meal applications, and all claims.” (7CFR 210.16 Para. a. 5)

In conjunction with the SNPWeb online agreement, the “Annual Agreement to Participate” (Agreement) document must be downloaded and printed from the “Online Forms” section of SNPWeb. Two original Agreements, signed by the division superintendent, must be returned to VDOE by July 2, 2007, along with any other supporting documents that require VDOE approval. A copy of the Annual Agreement packet (Agreement and supporting documents) approved and signed by VDOE will be returned to the school division. This signed document must be maintained on file in the school division and must be readily accessible during federal or state reviews. Federal reimbursement for school nutrition programs cannot be paid for school year 2007-2008 until the Annual Agreement is approved.

Mandatory School Breakfast Program: Section 22.1-207.3, Code of Virginia, requires school divisions to establish a school breakfast program in each school in which 25 percent or more of the currently enrolled students were eligible for free or reduced price meals in the previous school year. Board of Education regulations establish eligibility for free or reduced price meals as of October 31 of the preceding school year as the basis for this determination.

New or realigned schools shall use student free and reduced price eligibility and membership data as of October 31 of the school year in which the school is opened or realigned. Schools that do not participate in the National School Lunch Program (NSLP) must determine the number of students potentially eligible for free or reduced price meals according to federal regulations. Such determination may be made using statistical data from other schools in the division with a feeder relationship that do participate in the NSLP. All new, realigned, or non-participating NSLP schools with 25 percent or more of the currently enrolled children determined eligible for free or reduced price meals shall begin a school breakfast program by the first operating day of January in the current school year. Please review eligibility data for each of your schools before completing the agreement. If any of the schools meet the criteria, a breakfast program must be established unless an exemption is approved by the Board of Education pursuant to Board of Education regulation 8VAC20-580-40.

Initial Carry-over of Previous year’s Eligibility: Federal regulations allow a student’s documented eligibility for free or reduced price meals in the preceding school year to be carried over into the new school year to ensure access to program benefits while current eligibility determinations are made promptly. The carry-over of a student’s previous school year eligibility in Virginia will be valid for up to 30 operating days into the subsequent school year, or until September 30, whichever is less. This applies to direct certification, categorical determinations, and income applications. A new eligibility determination in the current year supersedes the carry-over eligibility.

Free and Reduced Price Eligibility Income Determination: Many households have different sources of income at different frequencies, such as weekly or bi-weekly wages and monthly social security benefits. To avoid inconsistencies in calculation of household income, the following procedures must be followed:

• If a household has only one income source, or if all sources are the same frequency, do not use conversion factors. Compare the income, or the sum of the incomes, to the published income eligibility guidelines (IEG) for the appropriate frequency and household size to make the eligibility determination.

• If a household reports income sources at more than one frequency, annualize all income by multiplying weekly income by 52, income received every two weeks by 26, income received twice a month by 24, and income received monthly by 12. Do not round the values resulting from each conversion. Sum all of the converted values, without rounding, and compare the total to the published IEG for annual income for the appropriate household size.

Adult meals: Meals served to adults are not eligible for federal reimbursement, nor do they count toward determining the value of donated food assistance. Federal reimbursements, students’ meal payments, and other nonprofit food service revenues cannot be used to subsidize meals served to adults. Meals served to adults must be priced so the payment is sufficient to cover the entire cost of each meal including the value of donated foods.

Questions regarding the Annual Agreement may be directed to the school nutrition program specialist assigned to the division or Lynne Fellin, acting director of school nutrition programs, at (804) 225-2074.

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