Applications - Future Regulations Change for First 30 Operating Days - 9/12/2005
DATE: September 12, 2005
TO: Sponsors of School Nutrition Programs
FROM: Joseph Lee, Policy Coordinator
Food and Nutrition Service
SUBJECT: Future Regulations Change for “First 30 Operating Days”
USDA has announced that, prior to next school year (2006-07), it will publish a rule to require all states and local educational agencies to carry over school meal eligibility benefits for the first 30 operating days of the following school year. Currently the carryover for up to 30 operating days is optional.
If you have any questions about this information, please contact FNS – Policy Team at 651-582-8526, 800-366-8922, or e-mail to fns@state.mn.us.
Text of USDA policy on “30 operating days”:
This memo is to clarify the provision on 30 day carry-over into the next school year for free and reduced-price eligibility. Currently, the carry-over is optional as stated in 7 CFR 245.6(c): “… applications and documentation of direct certification from the preceding year may be used to determine eligibility only during the 30 operating days following the first operating days at the beginning of the school year, or during a timeframe established by the State agency, provided that any State agency timeframe does not exceed the 30 operating day limit.”
Section 106 of Public Law 108-265, the Child Nutrition and WIC Reauthorization Act of 2004 added section 9(b)(9)(C) on duration of eligibility and requires that the eligibility for free or reduced price meals or free milk end “…on a date during the subsequent school year determined by the Secretary.” Given the emphasis placed on prompt determinations and on ensuring access to program benefits, we will be revising the current regulations to require a carry-over of eligibility of up to 30 operating days into the subsequent school year. This applies to direct certification, categorical determinations and income applications. As in the past, a new eligibility determination in the current year supersedes the carryover eligibility. For example, if a student is determined eligible for reduced-price for the new school year benefits, the free meal eligibility from the prior school year discontinues as soon as the household is notified of the new reduced-price eligibility.
We will be codifying the carry-over requirement in a rule that will be published prior to the next school year (School Year 2006-2007); so we are asking all State and local educational agencies to adopt this provision. This memo is to make you aware of the upcoming change.
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