P.O. BOX 2120



September 24, 2004



Division Superintendents



Jo Lynne DeMary

Superintendent of Public Instruction



Implementation of Child Nutrition and WIC Reauthorization Act of 2004

Pursuant to Public Law 108-265, the Child Nutrition and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Reauthorization Act of 2004, this memorandum is issued to assist school divisions with the implementation of those provisions of the reauthorization that became effective July 1, 2004.  The following are additional clarifications and interpretations of the changes that are relevant to Virginia school divisions regarding the attached USDA memos that have been issued to date.


1.  Exclusion of Housing Allowance for Military Households in Privatized Housing-Currently there are two military bases in Virginia that provide Privatized Housing: Marine Corps Base Quantico, VA and Fort Belvoir, VA. This memo applies only to school divisions that have students from households from these military bases. If other Virginia privatized military housing becomes available, school divisions will be notified. (Please see Attachment A)


2.  Severe Need Assistance for School Breakfast Program-

It is no longer necessary for school divisions to apply for and provide meal cost documentation for eligible schools. In the school nutrition program Web-enabled reporting system (SNPweb), the last page of each schools site application in the Annual Agreement states yes if the school qualifies for Severe Need Breakfast. The Severe Need Breakfast rate will be paid automatically for free and reduced breakfasts claimed by eligible schools whether or not the school division applied. Use SNPweb to find the rates for each school by clicking on the Claims tab and Rates. (Please see Attachment B)


3.  Duration of Households Free and Reduced Price Meal Eligibility Determination-

Households eligibility for free and reduced price meals shall remain in effect from the date eligibility is determined for the remainder of the school year through the beginning of the next school year. This applies to directly certified students as well as households approved by application. A more detailed state directors memo will be issued soon to clarify the numerous questions related to this change. (Please see Attachment C)



4.  Categorical Eligibility for Free Lunches and Breakfasts of Runaway, Homeless, and Migrant Youth-

Categorical eligibility for free meals has been extended to students who meet the federal definition of runaway, homeless, or migrant. This provision allows the approving official to obtain information directly from the education liaison for homeless youth or the state migrant education program in place of a meal application. USDA will provide guidance in the near future on how to determine and document eligibility of runaway youth. (Please see Attachment D)


The approving officials must obtain a list of students defined as homeless or migrant from either the local school division homeless education liaison or the state migrant education program coordinator. All students defined as homeless or migrant will become automatically eligible for free meals upon receipt of such documentation. The documentation must be maintained as part of the eligibility file, similar to the list of directly certified students. The contact persons for homeless education in each school division or the regional migrant education programs can be found at the following locations: Homeless liaisons MEP contacts page 7

Other changes in the 2004 Reauthorization that will become effective in July 2005 will be addressed in future correspondence and meetings.


If you have questions, please contact the school nutrition specialist assigned to your school division or Lynne Fellin, acting director, at (804) 225-2074 or