Agreement to Participate in the School Nutrition Programs for School Year 2004-2005

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO NO. 4

May 21, 2004

REGULATORY

TO:

Division Superintendents

FROM:

Jo Lynne DeMary

Superintendent of Public Instruction

SUBJECT:

Agreement to Participate in the School Nutrition Programs for School Year 2004-2005

The School Nutrition Programs Web-based system (SNPweb) will be available for data entry of the 2004-2005 Annual Agreement (school food authority (SFA) agreement and site applications) beginning Monday, May 24, 2004. The Annual Agreement to participate in the National School Lunch, School Breakfast, Special Milk, and Afterschool Snack Programs must be completed and submitted no later than July 1, 2004.

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 VDOE secure School Nutrition Programs Web-based (SNPweb) system. Superintendents remain the required legal signature authority for the agreement and are responsible for compliance with all regulations governing the school nutrition programs.

School divisions that use a food service management company (FSMC) in 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 the SNPweb, signed by the superintendent and returned to VDOE by July 1, 2004, with any other supporting documents that require VDOE approval. A copy of the Annual Agreement packet (online application and supporting document)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 any federal or state reviews. Federal reimbursement for meals cannot be paid for school year 2004-2005 until the Annual Agreement is approved.

In addition to the National School Lunch Program (NSLP) and the School Breakfast Program (SBP), the following programs are also available under certain circumstances.

Special Milk Program: School divisions that have students attending split session kindergarten programs who do not participate in the School Breakfast or Lunch Programs or who do not have access to the School Breakfast and Lunch Programs may apply to participate in the Special Milk Program.

Complete the Special Milk Program section of the online agreement for each site that wishes to participate.

Afterschool Snack Program: School divisions may also receive federal reimbursement for snacks served to students in an after-school program that offers educational or enrichment programs. 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:

a. Must participate in the National School Lunch Program;

b. School division, not an outside organization, must operate or sponsor the after-school program;

c. Must provide children with educational or enrichment activities;

d. Must operate after the regularly scheduled school day;

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

Complete the Afterschool Snack Program section of the online Annual Agreement for each site that wishes to participate.

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 students 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 before completing the agreement. If any of the schools meet the criteria, a breakfast program must be established.

The SNPweb system automatically checks the free and reduced eligibility percentage and will not allow the agreement to be submitted and approved if a breakfast program is not offered in these schools.

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. Breakfast and lunches served to administrators, teachers, custodians, and other adults must be priced so that the adult payment is sufficient to cover the entire cost of the meals including the value of donated foods.

Please ensure that the director of your School Nutrition Programs complies with this regulatory information by the required deadlines.

Questions regarding the online Annual Agreement should be directed to the school nutrition specialist assigned to your division or to Catherine Digilio Grimes, director, School Nutrition Programs, at (804) 225-2074.

JLD/CDG/idl