COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P. O. BOX 2120
RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO. NO. 2
April 30, 1999

REGULATORY

TO: Division Superintendents
FROM: Paul D. Stapleton
Superintendent of Public Instruction
SUBJECT: Federal Reimbursement for Afterschool Snacks


The Child Nutrition Reauthorization Act of 1998, Public Law 
105-336, authorized federal reimbursement under the 
National School Lunch Program (NSLP) for snacks (meal 
supplements) served to children who are enrolled in 
afterschool programs that provide educational or enrichment 
activities.

Eligibility:  
To be eligible to qualify for snack reimbursement under the 
NSLP, afterschool programs must meet the following 
criteria.

1) The School Food Authority (SFA) must operate the National 
School Lunch Program, as demonstrated by the annual 
written agreement between the SFA and the Department of 
Education.  A School Food Authority is defined as a 
school division. 

2) The school division, not some other organization, must 
operate or sponsor the afterschool program. The school 
does not have to use the school's personnel or regular 
school facilities; however, the school must retain final 
administrative and management responsibility for the 
program, including the program site.

3) An afterschool program must meet the following 
requirements:
  a) Provide children with educational or enrichment 
  activities; 
  b) Be operated after the regularly scheduled school day;
  c) Be regularly scheduled in an organized, structured and 
  supervised environment.  Regularly scheduled does not 
  mean the program must occur daily; 
  d) Not be organized athletic programs engaged in 
  interscholastic sports. These programs cannot be 
  approved (under any circumstances), as educational or 
  enrichment afterschool programs under this law; 
  however, programs that include supervised athletic 
  activity along with education or enrichment activities 
  may participate. Any extracurricular activities such 
  as the school choir, debate team, drama society, etc. 
  can qualify to participate under this provision only 
  if their basic purpose is to provide afterschool care. 

4) The School Food Authority (SFA) must enter into a written 
agreement with the Department of Education and must 
assume full responsibility for meeting all federal 
requirements for the Afterschool Snack Program. 

5) Residential Child Care Institutions (RCCIs) and boarding 
schools are not eligible to operate the after school 
component of the NSLP.

Time of operation:
The provisions of this law apply only to afterschool 
programs. Programs operated before or during the child's 
school day are not eligible. Children's eligibility is 
based on when their scheduled school day ends and not on 
whether or not the school continues in session. For 
example, if a kindergarten program ends at noon but the 
children remain in school under a care program as described 
above, snacks served to these children may be reimbursed. 
The same would be true for older children enrolled in 
schools that have split sessions. If students enrolled in 
the early session remain on campus to participate in an 
approved afterschool program they may receive reimbursable 
snacks even though the school continues to operate a later 
academic session.

Reimbursement:
Schools may claim reimbursement for one snack per child, 
per school day. Children are eligible to participate 
through age 18, and if a student's nineteenth birthday 
occurs during the school year, reimbursement may be claimed 
for snacks served to that student during the remainder of 
the school year. Reimbursement may also be claimed for 
individuals, regardless of age, who are determined by the 
state agency to be mentally or physically disabled.

There are two ways for an Afterschool Program to be 
eligible to receive free reimbursement for all who attend:

1) Site Eligibility: the afterschool program is located in a 
school that participates in the National School Lunch 
Program and 50 percent or more of the school's enrollment 
are eligible for free or reduced-price meals as of 
October 31.  All participants in the afterschool program 
in this school are eligible to receive a free snack, 
regardless of each individual child's eligibility. 

2) Area Eligibility: an afterschool program site qualifies 
as area eligible if it is located in an attendance area 
of a school (i.e. elementary, middle or high school) in 
which at least 50 percent of its enrollment is eligible 
for free and reduced-price meals as of October 31. For 
example, a high school does not have 50 percent of the 
enrolled students as eligible for free and reduced-price 
meals.  It is located in the same attendance zone as the 
elementary school that has more than 50 percent of its 
enrolled students eligible for free and reduced meals.  
Therefore, the high school's after- school snack program 
would qualify for free reimbursement for all students who 
participate in the afterschool program based on area 
eligibility.

If the afterschool program does not qualify for free 
reimbursement based on the above criteria, then the 
following applies:

Categorical Reimbursement: Sites that are not in areas 
served by a school in which at least 50 percent of the 
enrolled children are certified eligible for free or 
reduced-price meals must count meals and claim 
reimbursement by category, (free, reduced price, and 
paid). Documentation of eligibility for all meals served 
free or at a reduced-price is required. (Under no 
circumstances may a school charge children for snacks 
claimed at the free reimbursement rate.) Charges for 
reduced-price snacks may not exceed 15 cents, as 
stipulated in program regulations at 7 CFR section 210.9 
(c)(4).

3) After School Snack Program Reimbursement Rates for FY 99 
(July 1, 1998- June 30, 1999)

    Free       $0.5325
    Reduced    $0.2675
    Paid       $0.0400

Content of snack provided: Snacks must meet the meal 
pattern for snacks set forth in the federal regulations (7 
CFR sections 210.10(n) and 210.10a(j)). Snacks shall 
consist of two different meal components from the following 
four and must be served as a unit.  The Offer vs. Serve 
provision is not applicable to the Afterschool Snack 
Program.

~ One serving of fluid milk 
~ A serving of meat or meat alternate
~ A serving of vegetable(s) or fruit(s) or full-
  strength vegetable or fruit juice. NOTE: Juice may 
  not be the only other component when milk is served.
~ A serving of whole grain or enriched bread or bread 
  alternate

Portion sizes are described on enclosure 1.  The chart only 
lists portions for children up to age 12. Options for 
children ages 13 through 18 shall be no less than the 
portions stipulated for children ages six through 12.

Record Keeping:
School Food Authorities participating in the Afterschool 
Snack Program must maintain the following records for three 
years plus the current year, as required in 7 CFR section 
210.23(c):

~ Documentation that the site is located in an area 
  served by a school in which at least 50 percent of the 
  enrolled students are certified eligible for free or 
  reduced-price meals.  OR
~ Documentation of free and reduced-price eligibility 
  for all children for whom free, reduced, and full-
  priced snacks are claimed, if less than 50 percent of 
  the students are eligible for free and reduced-price 
  meals.  
~ Documentation of point of service meal counts.  
~ Documentation of compliance with meal pattern 
  requirements (Food Production Records) 

Requirements and Procedures for Claiming Federal 
Reimbursement
For the remainder of this school year, school divisions 
that meet the above criteria and wish to receive federal 
reimbursement for Afterschool Snacks must complete the 
following documents and submit them to the Department of 
Education's Office of School Nutrition Programs for 
approval. Hereafter, participation in the Afterschool Snack 
Program will be approved through the Annual Letter of 
Agreement to participate in the federal meal programs.

~ A letter from the superintendent requesting to 
  participate in the Afterschool Snack program.
~ The Afterschool Snack Program Agreement that lists each 
  site at which the program will be held (enclosure 2). If 
  the site qualifies under the area eligibility criteria 
  above, provide documentation showing that the site is 
  located in an area served by a school in which at least 
  50 percent of the enrolled students are certified 
  eligible for free or reduced-price meals. 
~ The meal counting and collection procedures that will be 
  used at each site.

After the Department of Education has approved the SFA's 
participation in the program, detailed instructions on how 
to request reimbursement and the appropriate forms will be 
provided.

Requests for reimbursement will be done manually until the 
electronic claims system is upgraded to incorporate the 
After- school Snack Program 

Retroactive Reimbursement:
The U.S. Department of Agriculture has authorized 
reimbursement retroactive to October 1, 1998, for schools 
in which snacks were served to eligible children in an 
eligible afterschool program before issuance of this 
memorandum. To qualify for retroactive reimbursement the 
school must be able to document the following:

~ The afterschool program provided enrichment or 
  educational activities on a regularly scheduled basis, 
  was organized, and was supervised.
~ Appropriate supporting documents for the number of snack 
  meals claimed by category if applicable; documents to 
  support the categorical claims; supporting documents for 
  the area eligibility claims.
~ Food production records documenting that the meal pattern 
  requirements were met.

To determine if you qualify for the retroactive 
reimbursement, contact the School Nutrition Office and talk 
with the specialist assigned to your division.

Any questions regarding this new program should be 
addressed to Catherine Digilio Grimes, Director of School 
Nutrition Programs at (804) 225-2074 or the School 
Nutrition Specialist assigned to your division.

PDS/idl

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