P.O. BOX 2120



May 17, 2002



Division Superintendents



Jo Lynne DeMary

Superintendent of Public Instruction



Letter of Agreement to Participate in the School Nutrition Programs for the 2002-2003 School Year


Federal regulations governing School Nutrition Programs require each school division to enter into a written agreement with the Department of Education (DOE) annually to participate in the National School Lunch, School Breakfast, Special Milk, and/or the Afterschool Snack Programs.


The Letter of Agreement, attachments, and instructions for completion are enclosed. This superintendents memo and attachments are available on the DOE website. The attachments are available at /administrators/superintendents_memos/2002/ in PDF and Microsoft word format. Please review the instructions carefully.


Two copies of the completed documents, with original signatures on each, must be submitted to the Department of Education, Office of School Nutrition Programs, by July 1, 2002. An approved copy will be returned to the school division and must be maintained on file. Federal reimbursement for meals cannot be paid for the school year 2002-2003 until the Annual Letter of Agreement is approved by the Virginia Department of Education.


Special Milk Program: 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.


After School Snack Program: School divisions may also receive federal reimbursement for snacks served to students in an after school program. To qualify for federal reimbursement, the after school programs must meet the following criteria as originally outlined in Regulatory Superintendents Memo #2, dated April 30, 1999:

        Must participate in the National School Lunch Program;

        The school division, not some other organization, must operate or sponsor the after school program;

        Must provide children with educational or enrichment activities;

        Must be operated after the regularly scheduled school day;

        Must be regularly scheduled in an organized, structured, and supervised environment.


School divisions choosing to participate in this federal program must complete the Afterschool Snack Program Agreement (SNP 10A-2.1 - Attachment 5).


Mandatory School Breakfast Program: The Code of Virginia (22.1-16 and 22.1-17) requires school divisions to establish a school breakfast program in each school in which 25 percent or more of the currently enrolled children are eligible for free or reduced price meals as of October 31 of the preceding school year. 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. Any new or realigned school with 25 percent or more of the currently enrolled children 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 prior to completing this Letter of Agreement. If any of your schools meet this criterion, a breakfast program must be established.


Severe Need Breakfast: USDA has established a higher rate of breakfast reimbursement for individual schools determined to be in severe need. To be eligible to apply for severe need rates, schools must meet the following criteria:

        Must participate in the School Breakfast Program;

        Must have served 40 percent or more of the lunch meals during school year 2000-2001 to students eligible for free or reduced price meals;

        Must submit an application that includes an estimate of the per meal breakfast cost for each school (SNP 10A2.2 - Attachment 6). Only the schools listed on this form meet the 40 percent criteria.



Adult meals: The purpose of the school nutrition program 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. 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.


There is a critical link between nutrition and learning. Good nutrition feeds successful learning. The School Nutrition Programs help students get the nutrition they need to learn, grow, and develop. Your continued support for these programs is essential. Please ensure that the director of your School Nutrition Programs complies with this regulatory information by the required deadlines.


Questions regarding the Letter of Agreement or any other questions about the School Nutrition Programs should be directed to the School Nutrition Specialist assigned to your division or to Catherine Digilio Grimes, director of School Nutrition Programs, at (804) 225-2074.