COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P. O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO. NO. 5
May 22, 1998

REGULATORY

TO: Division Superintendents
FROM: Paul D. Stapleton
Superintendent of Public Instruction
SUBJECT: Letter of Agreement to Participate in the National School Lunch Program, School Breakfast Program, and/or Special Milk Program

 
  Federal regulations governing the National School Lunch and
  the School Breakfast Programs require each school division to
  enter into a written agreement with the Department of
  Education (DOE) annually, in order to participate in these
  federal programs.

  The Letter of Agreement (SL 10), attachments, and the
  instructions for completion are enclosed. Please review the
  instructions carefully.

  Two (2) copies of the completed documents, with original
  signatures on each, must be submitted to the Department of
  Education, School Nutrition Programs office for approval by
  July 1, 1998.  An approved copy will be returned to the school
  division, and must be maintained on file.  Federal
  reimbursement for meals cannot be paid for school year 1998-99
  without an approved Letter of Agreement.

  School divisions are reminded that they are prohibited from
  using Federal funds to pay any person or organization for
  influencing, or attempting to influence, an officer or
  employee of Congress or any agency or a Member of Congress in
  connection with a Federal contract, grant, loan, agreement,
  extension, renewal, amendment, or modification.  

  If the School Food Authority's (SFA) annual earnings under the
  School Nutrition Programs are expected to exceed $100,000, the
  SFA must submit annually Certification Regarding Lobbying and
  a Disclosure of Lobbying Activities, which conform in
  substance with the language provided in 7 CFR 3018.  The forms
  for this reporting are attached.  The completed forms must be
  submitted with the annual Letter of Agreement.

  Section 22.1-207.3 of the Code of Virginia states that each
  school board must establish a school breakfast program in each
  public school where 25% or more of the enrolled children are
  determined to be eligible for free or reduced price meals in
  the federally funded school lunch program during the previous
  school year. Please review eligibility data in each of your
  schools prior to completing this Letter of Agreement.  If any
  of your schools meet this criterion, a breakfast program must
  be established. 

  School Divisions that have students attending split session
  kindergarten programs, who do not have access to the School
  Breakfast and Lunch programs, and/or schools that do not
  participate in the National School Lunch and School Breakfast
  Programs, may apply to participate in the "Special Milk
  Program for Children."  For more information and an
  application, contact the DOE, School Nutrition Programs office
  by June 5, 1998. 

  School divisions are reminded that the purpose of the school
  nutrition programs is to . . .  "safeguard the health and
  well-being of our nation's children."  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.  Breakfasts and lunches served to
  administrators, teachers, custodians, and other adults must be
  priced so that the adult payment, is sufficient to cover the
  overall cost of the meals, including the value of any donated
  foods (7CFR 210.6 and 220.6, USDA FNS Instruction 782-5,
  Revision 1).

  Please ensure the School Nutrition Program Director complies
  with this regulatory information by the required deadlines.

  Questions regarding the Letter of Agreement or the school
  lunch or breakfast programs should be directed to Catherine
  Digilio Grimes, Director of School Nutrition Programs at (804)
  225-2074.

  PDS/idl

  Attachments: A hard copy of this memo and its attachments
               will be sent to the superintendent's office.

  Authority Statement:
        U.S. Department of Agriculture Regulations (7 CFR Part
        210, 220, 220, 245 and 3018)