Answers to Frequently Asked Questions National School Lunch Program

Table of Contents

1. What are regulations concerning the competitive and prohibited foods sold in schools?
2. What price must be charged to adults for school meals?
3. Can I release the names of children eligible for free and reduced price meals to other agencies outside school?
4. What is direct certification for free meals
5. What process must be followed when contracting for food service management services?
6. What agency regulates food sanitation in schools?
7. What is offer versus serve?
8. Can meals or snacks be reimbursed for children who are enrolled in an outside of school hours programs?
9. Can meals be reimbursed during the summer to children?

1. What are regulations concerning the competitive and prohibited foods sold in schools?

The sale of food in competition with lunches and/or breakfasts served in conjunction with the National School Lunch and/or Breakfast Programs is restricted by federal and state regulations.

These regulations prohibit the sale of carbonated beverages including carbonated water, water ices, chewing gum, and certain candies (hard candies, marshmallows, fondants, licorice, jellies, gums, and candy-coated popcorn) in all schools in the food service area during the regular lunch and breakfast periods.

In addition, elementary schools are also prohibited from selling confections, all candies, potato chips, fruit drinks containing less than 50% fruit juice, tea, and coffee.

If schools elect to sell other foods or beverages not prohibited or to sell prohibited foods outside the food service area, all revenue from the sale of these items during the meal periods must accrue to the nonprofit school lunch account.

Exempted foods are those foods which manufacturers have petitioned the USDA to exempt from the foods of minimal nutritional value regulations. The exemption of one product does not mean that similar products or a family of products is exempted unless specifically stated. The exemption is not an endorsement of the product. The following manufacturers and specific products have been exempted from the foods of minimal nutritional value regulations and can be sold in the food service areas during meal periods if allowed by the state regulations. The listing was updated on January 3, 2000.

3. Can I release the names of children eligible for free and reduced price meals to other agencies outside school?

The consent of parents or guardians must be obtained before the child’s eligibility status is divulged.

The National School Lunch Act authorizes disclosure of children’s free and reduced price meal eligibility status to persons who are directly connected with the administration and enforcement of the programs under the National School Lunch Act or Child Nutrition Act. In addition persons affiliated with a federal education program, a state health or education program administered by the state or local educational agency, or a federal, state, or local means tested nutrition program can also have access to the data. Persons receiving free or reduced price information must ensure that information is confidential and should not further disclose for unauthorized use.

Prior to releasing eligibility status for other programs or services, the consent of the parent or guardian of the child for whom the application for free or reduced price meal benefits must be obtained. School food authorities must allow the parents and guardians to waive the right to confidentiality. The following guidelines must be followed:

1. The waiver must advise the household that the information provided on the application will be used for eligibility determinations for programs other than school nutrition programs.
    
2. The waiver must precisely identify the agencies that the information will be shared with and for what purposes.
    
3. If the waiver is included as part of the free and reduced price meal or free milk application, then the application must state that the signing of the waiver must not be construed by the applicant or the program administrator as an additional requirement or a prerequisite for participation in any school nutrition programs.
    
4. The applicants must be able to limit the waiver to encompass only those programs to which they wish to apply.
    
5. The waiver of confidentiality must be signed by the parent or guardian of the child; whereas the application for benefits can be signed by any adult household member.
    
6. Applicants must be informed that while other programs may not require social security numbers as a condition of eligibility, once provided, the social security number may be used by the other programs. If any other program plans to use the social security numbers for any purpose, a statement of those uses must be included.
    
7. The school food authority must ensure in writing that entities receiving this information from the application limit the use of such information to the purposes specified on the application.

In addition, there are criminal penalties for unauthorized disclosures of free or reduced-price eligibility information. A person who publishes, divulges, discloses, or makes known in any manner, or to any extent not authorized by federal law, any information obtained under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year or both.

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4. What is direct certification for free meals?

The School Food Authority (SFA) must competitively bid for food service management services and meet federal procurement procedures. In addition, the bid solicitation/contract must meet federal Child Nutrition regulations and clearly define costs and responsibilities of the food service management contract and the SFA. The meal fee structure is a maximum flat fee per meal which includes all costs for preparation and service of meals. The state agency has a prototype bid solicitation/contract. SFA’s may vary the prototype bid/solicitation or develop their own document. However to insure compliance and continued funding, a SFA not using the prototype bid solicitation/contract should submit the bid document to this office for approval prior to seeking bids. The bid solicitation and contract must be the same document.

6. What agency regulates food sanitation in schools?

The Illinois Department of Public Health regulates food sanitation in schools. The school food authority must meet sanitation requirements enforced by local and state agencies. For more information refer to: Illinois Department of Public Health Food Service Sanitation Code available from local, county, regional, or state health departments.

7. What is offer versus serve?

Offer versus serve is a method of serving meals to students. If offer versus serve is implemented, then students are allowed to decline food items they do not want to eat. The price of the meal cannot be reduced if the full meal is not taken. If offer versus serve is not implemented, then all components of the meal must be served to the student. Offer versus serve must be implemented at the high school level; local school food authorities can decide if they want to extend offer versus serve to junior high or below grade level students.

In the traditional and enhanced menu planning options, five food items must be offered: meat or meat alternate, fruit or vegetable, a second serving of fruit or vegetable, bread, and milk. With offer versus serve, the student can decline any two of the items; the school food authority cannot require a student take any food item.

In the NuMenus and Assisted NuMenus menu planning options, the students must take the entree and can only decline a maximum of two menu items. If there are four menu items offered, then the student must take two items. If there are five menu items, then the student must take three items. If there are six menu items, then the student must take four items.

8. Can meals or snacks be reimbursed for children who are enrolled in an outside of school hours programs?

The school food authority can apply to sponsor the Child and Adult Care Food Program to receive reimbursement for meals and snacks served to school children, ages 12 years and younger, enrolled in an outside of school hours program. The main purpose of the program must be the care and supervision of children and is distinct from extra curricular programs organized primarily for scholastic, cultural, and athletic purposes. For more information, e-mail FOS@isbe.net

9. Can meals be reimbursed during the summer to children?

If the school food authority operates a year-round school or a summer school which is part of the regular school curriculum, meals can be claimed under the National School Lunch and School Breakfast Programs. If school administrators want to open the meal service to children in the community that are not enrolled in school, they can apply to be a sponsor of the Summer Food Service Program. Meals are served free in areas where 50% or more of the children receive free and reduced-price meals through the National School Lunch Program during the school year.

If the school food authority operates an enrichment or recreational program with enrolled children and chooses not to open the meal service to the community, eligibility must be documented with household applications. If 50% or more of the children qualify, all meals served to children are eligible for reimbursement. If less than 50% qualify, only the meals served to the children that qualify can be claimed. For more information on the Summer Food Service Program, please e-mail FOS@isbe.net