The District has agreed to participate in the National School Lunch Program (NSLP), national School Breakfast Program (SBP), and the Proposition FF Healthy School Meals for All Program (HSM). Consistent with these programs, the District accepts responsibility for providing free and reduced price meals to students based on the criteria established for each of these programs.
The District commits to uniformly implementing the following policies to determine a student's eligibility for free and reduced price meals under the NSLP, SBP, and HSM programs. In fulfilling its responsibilities:
- For the NSLP and SBP programs, the District agrees to serve free meals to students from families whose income is at or below the free scale of the U.S.D.A.'s Secretary's Income Eligibility Guidelines.
- For the NSLP and SBP programs, the District agrees to serve free meals to students from households whose income is between the free scale and the reduced price scale of the U.S.D.A's Secretary's Income Eligibility Guidelines utilizing funding provided either through the NSLP, SBP, or state-funded programs.
- The District agrees that there will be no physical segregation of, or any other discrimination against, any student because of a student's inability to pay the full price of the meal. The names of students eligible to receive free or reduced price meals will not be published, posted, or announced in any manner, and there will be no overt identification of any such students by use of special tokens, tickets, or any other means. Further assurance is given that students eligible for free or reduced price meals will not be required to:
- Work for their meal(s),
- Use a separate cafeteria or meal service area,
- Go through a separate serving line,
- Enter through a separate entrance,
- Eat a meal at a different time, or
- Eat a meal different from the one sold to student paying the full price.
- The District agrees to set reduced price charges for lunch and breakfast at or below the maximum reduced price allowed by regulations and below the full price of the lunch or breakfast.
- The District agrees that in the operation of the NLSP, SBP and HCM programs no student will be discriminated against because of race, color, ancestry, creed, sex, gender, gender identity, gender expression, sexual orientation, religion, national origin, marital status, age, or disability, or need for special education services.
- The District agrees to inform parents/guardians of all District students through the District's website of the availability of these programs' benefits and services, eligibility guidelines, the nondiscrimination policy, and all significant changes in existing requirements that pertain to the programs' eligibility and benefits. The communication to a parent/guardian with the free or reduced price meal application attachment will have only the income eligibility guidelines for reduced price meals with an explanation that households with incomes at or below the reduced price guidelines may be eligible for either free or reduced price meals.
- The District agrees to verify information on applications for free and reduced price meal benefits according to federal regulations.
- The District agrees that all program literature, communications, and website information will contain the nondiscrimination statement and procedures for filing a complaint.
- The District agrees to collect racial/ethnic data on all applicants for free or reduced price meals.
- The District agrees to handle discrimination complaints related to these programs in accordance with the requirements of federal regulations.
- The District agrees to implement all requirements of Section 504 of the 1973 Rehabilitation Act by:
- Appointing a coordinator to coordinate compliance with Section 504 if 15 or more persons are employed in the foodservice;
- Establishing a grievance procedure which ensures due process in the resolution of complaints;
- Notifying participants, applicants, employees, and unions that it does not discriminate on the basis of disability in its employment practices or its delivery of food service benefits;
- Ensuring that the program is accessible and usable by qualified persons with disabilities, employ aides, or use other effective methods to provide services to such individuals; and
- Taking other appropriate steps to accommodate persons with disabilities so they can participate in program services.
- An interested parent/guardian is responsible for completing the application and submitting it to the District for review. Such applications and documentation of determinations made will be maintained for a period of three (3) years following the end of the school year to which they pertain. Applications may be filed any time during the year. If a student transfers from one District school to another, the student's eligibility for free or reduced price meals will be transferred to and honored by the receiving school.
- It is recognized that in certain cases foster children are also eligible for these benefits and services under these programs. If a household has foster children living with them who are students in the District and said household wishes to apply for these benefits and services afforded by these programs, the household where the foster student resides can submit an online application for services and benefits under these programs to the District.
- The District agrees to designate a qualified individual to review applications under these programs and make determinations of eligibility for each family, using the criteria outlined in this policy.
- Parents or guardians will be notified within ten (10) business days of the acceptance or denial of their applications. Students will be served free or reduced price meals immediately upon the establishment of their eligibility.
- When a student submits an application for benefits and services under these programs and their application is denied, the parent/guardian will be informed in writing or via email of the reason(s) for denial, notified in writing of the right to appeal, provided a copy of this regulation outlining the appeal process, and notified of their right to reapply for these programs at any time during the school year.
- The District agrees to establish and use a fair hearing procedure under which: (a) a family can appeal a decision made by the District with respect to the family's free or reduced price meal application; and (b) The District's Food and Nutrition Services Department can challenge the continued eligibility of any student for free or reduced price meals. During the appeal and hearing, the student who was determined to be eligible based on the face of the application submitted will continue to receive free or reduced price meals. Prior to initiating the hearing procedure, the Director of Food and Nutrition Services or, the parent/guardian may request a joint conference to provide an opportunity for the parent/ guardian and the Director of Food and Nutrition Services to discuss the situation, present information, obtain an explanation of data submitted in the application and the decisions rendered. Such a conference will not in any way prejudice nor diminish the right to a fair hearing. The hearing procedure will provide the following protections for both the family and the District:
- A simple method of making an oral, written, or email request for a hearing;
- An opportunity to be assisted or represented by an attorney or other person;
- An opportunity to examine prior to and during the hearing, documents and records presented to support the decision under appeal;
- Reasonable promptness and convenience in scheduling a hearing in person or virtually and adequate notice as to its time and place;
- An opportunity to present oral or documentary evidence and arguments supporting a position without undue inference;
- An opportunity to question or refute any testimony or other evidence and to confront and cross-examine any adverse witnesses;
- The hearing will be conducted and the decision will be made by a District administrator who did not participate in the decision under appeal or any previous conference;
- The decision of the hearing officer will be based on the oral and documentary evidence presented at the hearing and entered into the hearing record;
- The parties concerned and any designated legal representative thereof will receive a copy of the written decision of the hearing officer;
- That for each hearing a written record will be prepared, including the decision under appeal, any submitted evidence, a recording of the hearing, including any oral testimony presented at the hearing, and the decision of the hearing official, which shall include the reasons for their decision; and
- That for each hearing, the record of the hearing will be retained for a period of three (3) years after the close of the school year to which the record pertains. These records will be made available for examination by the parties concerned at any reasonable time and place during such period.
- The District agrees to establish a procedure to collect money from students who pay for their meals, establish and follow a daily point of service meal counting procedure, and to account for the number of free, reduced price, and full price meals served. The procedure described in the collection and coding attachment, will be used so no other student will consciously be made aware of the identity of the student receiving free or reduced price meals.