Agreement to Participate in the School Nutrition Programs for School Year 2005-2006Due Date: July 1, 2005

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 3

May 6, 2005

REGULATORY

TO:

Division Superintendents

FROM:

Jo Lynne DeMary

Superintendent of Public Instruction

SUBJECT:

Agreement to Participate in the School Nutrition Programs for School Year 2005-2006

Due Date: July 1, 2005

The Annual Agreement to participate in the National School Lunch, School Breakfast, Special Milk, and Afterschool Snack Programs must be submitted no later than July 1, 2005. The School Nutrition Programs Web-based system (SNPweb) will be available for data entry of the 2005-2006 Annual Agreement beginning Monday, May 16, 2005.

Federal regulations require each school division to enter into an annual agreement with the Virginia Department of Education (VDOE), to participate in these School Nutrition Programs. The Annual Agreement is created and submitted using the School Nutrition Programs Web-based (SNPweb) system. Superintendents are the required legal signature authority for the agreement and are 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 document must be downloaded and printed from the Online Forms section of SNPweb, signed by the superintendent and returned to VDOE by July 1, 2005, along with any other supporting documents that require VDOE approval. A copy of the Annual Agreement packet (online application and supporting documents) approved and signed by VDOE will be returned to the school division. This signed document shall be maintained on file in the school division and be readily accessible during federal or state reviews. Federal reimbursement for meals cannot be paid for school year 2005-2006 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 participation 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 lower schools in the division that do participate. 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 8VAC20-580-40 of the Board of Educations regulations.

Adult meals: The purpose of the school nutrition programs is to safeguard the health and well-being of our nations 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. Breakfast and lunches served to adults must be priced so that the payment is sufficient to cover the entire cost of each meal including the value of donated foods.

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

JLD/LAF/idl