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Section II. Free/Reduced Price Meals A. Eligibility for Free/Reduced Price Meals 1. Methods for Certifying Eligibility of Students a) Application Process Eligibility can be established through an application process. The household submits an application to the school district for approval. i) Based on Household Income: stating family size, income information by source, social security number and signature of an adult household member or ii) Categorically eligible: listing a food stamp case number and the signature of an adult household member. A food stamp number is still the social security number of the head of the household that is approved for food stamps. The debit card number (16 digit number) is not acceptable. If there are questions concerning a food stamp number, call the local food stamp office. If a student moves to a new school within the district, the currently approved application should be used if the information is still accurate. A copy of the application should be on file at both schools, with the dates that the student was dropped from the original school and was added to the new school. A school district may, if desired, use a properly approved free and reduced price application obtained in the current school year by another district in the event a family moves during the school year or changes from one district to another for whatever reason. The application may be used for the remainder of the school year as long as the family size and income does not change. b) Direct Certification Direct certification is a procedure that schools can choose for establishing eligibility of children receiving food stamp benefits without obtaining an application from the household. This procedure involves matching student names and social security numbers submitted by the school to the Department of Education to compare with Department Human Services records. An ADE Director’s Memo is mailed to districts in April to request confirmation that districts will participate in the direct certification process. A match establishes the students’ eligibility for free meal benefits. A list of names is generated and sent back to the participating schools. The schools are responsible for keeping the list current. The direct certification list must reflect the students currently enrolled. As students transfer from one school to another or drop, the dates should be recorded on the direct certification list. If the names of all children in a household do not appear on the direct certification list, an application for those children not on the list must be completed and approved before meals may be claimed. Schools must develop a procedure for distributing applications to all students not on the direct certification list. The distribution procedure must be one that does not overtly identify children on the direct certification list. Approximately one-third of all students approved for free meals are certified annually as eligible using the direct certification process. Students certified through this process are not included in the verification process. 2) Homeless Students The McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) clarifies the definition of homeless children. To expedite the delivery of free meals to homeless students, the determining official does NOT need an application and may accept documentation that children are homeless from the local education agency Homeless Liaison or directors of homeless shelters where children reside. The documentation must consist of (1) Child’s Name, (2) Effective Dates, and (3) Signature of the LEA Homeless Liaison or director of the homeless shelter. Each school year a new current list of homeless students must be provided to the school nutrition manager.
It is very important that the LEA Homeless Liaison notifies the determining official when children leave the school or are no longer considered homeless. Once the child is no longer considered homeless, the determining official must provide the household with an application for free and reduced price meals. Refer to Director’s Memo No. IA-03-005.
3) Prior Year Status School food authorities are encouraged to process applications, as quickly as possible. Remember that the eligibility status of a student becomes effective on the date the application is approved.
A school district may allow a student to participate in the school lunch and school breakfast program based on the prior year’s eligibility for up to thirty (30) school days, if that time is needed to process applications.
Prior year’s eligibility may include: (a) new students listed on the application of older siblings who were approved for benefits the previous year, and (b) previously approved students who transfer from one school to another under the jurisdiction of the same school district; or students who transfer from another school district and records include a properly approved application for the previous year. These procedures allow districts to process applications for kindergarten and other new students prior to processing applications for returning students.
Prior year deadline impacts October 1 eligibility data on Cycle 2 Report and school funds. School districts have the authority to limit the use of the previous year’s status by students. School districts in the future may choose to set the deadline 10 days earlier in order to process as many applications for the current year as possible prior to October 1.
4) Students From Households Who Do Not Apply The designated school or district determining official may complete an application for free and reduced price benefits for a child known to be needy and for whom an application has not been submitted. The determining official must complete and file an application on behalf of the needy child based on the best available information regarding household size and income. The source of the information must be noted. The social security number and signature of an adult household member are not required. The household must be notified of the eligibility determination. Applications that have been completed and filed by the determining official may be excluded from applications subject to verification. This option is intended for use on an individual household basis and is not intended to replace the application process for large numbers of families or groups of children. This option may be exercised at any time during the school year. 5) Temporary Approval When a household reports zero income or a temporary reduction in income, eligibility must be determined based on the present rate of income rather than on regular annual income. However, the approving official should issue temporary approval of the application. The timeframe for a temporary approval may vary depending on the household’s circumstances. Child Nutrition Unit-Arkansas Department of Education has established a time limit for temporary approval of no more 90-calendar days. At the end of each approval period, the school should contact the household to determine if the household’s circumstances have changed. If there has been no change, the school should document the contact and extend the temporary approval. When temporary approval is extended, follow-up should be included. If the household’s circumstances have changed, the school should send a new application to the household so that they may reapply for benefits. 6) Master Roster A current updated master roster of all students eligible for free or reduced price meals must be maintained. Master rosters do not need to be retyped, but need to reflect dates students are dropped or added to roster. All rosters used in the distribution of tickets, tokens, or meals must agree with the master roster. 7) Verification of Applications The initial approval of applications for free or reduced price meals must be based on the information provided on the application. Eligibility is confirmed in the verification process. School District DEADLINE: Verification may be conducted at any time after applications are approved, but must be completed by December 15. Verification Process: The number of applications required for verification, is based on the number of paper applications on file October 31, not the number of children eligible. Students determined eligible through direct certification are not included in the verification process. Remember, when calculating the number of applications to be verified, round all fractions or decimals upward to the nearest whole number. Instructions for the verification process can be found in Eligibility Guidance for School Meals Manual FNS-Revised August 2001, Pages 58-74. Records of Verification: Written documentation of the Verification Results and Procedures (Verification Summary, Appendix D) must be on file in the district and available by school or district for legislative audit review each year. See sample form in the appendices. The current free and reduced price meal application does not have a space to record the action taken during the verification process. The Verification Tracker for each Application should be filled out and attached to each application selected for verification. See sample form in the appendices. 8) Suggested procedure for maintaining free and reduced price application and roster. USDA regulation requires all applications for free and reduced price meals to be retrievable by school. CN unit/ ADE suggest that applications are filed using the following procedure:
- Currently approved free applications
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Currently approved reduced price applications
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Dropped applications
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Denied applications
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Temporary applications
Applications within each file should match the master roster. Remember to record the date students are dropped or added to the master roster.
B. Confidentiality of Eligibility Information 1. Applications (Single Child / Multi Child) All information is confidential and may be used only for determining eligibility for free or reduced price meal benefits, the verification process and to release to programs as identified and indicated in item 3.b. of this section. Regulations have always authorized the release of aggregate information about the numbers of children eligible for free and reduced price meals. All other information on the application can only be released when parents/guardians waive their right to confidentiality. 2. Direct Certification The direct certification list is the source document for students that qualify for free meals based on the family’s eligibility for food stamps. The Arkansas Department of Education and the Department of Human Services (DHS) have signed an agreement to maintain the confidentially of this information. The direct certification list can not be released without approval from DHS because it identifies food stamp recipients as well as free meal recipients. 3. Limited Disclosure of Eligibility a) Policy for Protection Of Students’ Eligibility Status - Protection of the identity for students eligible for free and reduced price meals should be the top priority when making disclosure decision School District Policy: Due to the liability involved for the information provider and the district, it is prudent for each district to establish a written policy and procedures for disclosure with advice of the district's legal counsel. Districts that choose NOT to disclose eligibility information should have a written policy to that effect.
School Staff Policy Orientation: Orientation of school
staff and consistent administration of the district policy and
procedures will provide the best protection of students. Consistent
policy implementation can provide some defense if allegations concerning
misuse of eligibility information arise.
The school district must also take all actions necessary to ensure
that student workers are not used in positions that would provide them
access to other students’ category of eligibility. b)
Examples of Exceptions and Limited Disclosure
Section 9(b)(2)(C)(iii) of the National School Lunch Act (42 USC
1758(b)(2)(C)(iii)) authorizes the limited disclosure of children's free
and reduced price meal or free milk eligibility information to specific
programs or individuals, without prior parent/guardian consent. Except
that, the parent/guardian must be provided the opportunity to decline
to share eligibility information prior to the disclosure for identifying
children eligible for benefits under or enrolling children in the State
Medicaid Program and the State children's health insurance program.
Additionally, the statute specifies that, for any disclosures not
authorized by the statute, the consent of children's parents/guardians
must be obtained prior to the disclosure. The chart below identifies the program and the information that may be
disclosed without parental consent. A requesting agency must provide
certification that it is currently authorized to administer the
following program(s) and that information requested will only be used by
the program(s) indicated:
Program
| Information Authorized
| Medicaid or the State children’s health insurance program (SCHIP), administered by a State or local agency authorized under titles XIX or XXI of the Social Security Act.
Specify Program:
| All eligibility information, unless parents elect not to have information disclosed.
| State health program other than Medicaid/SCHIP, administered by a State agency or local education agency.
Specify Program: | Eligibility status only; consent not required. | Federal health program other than Medicaid/SCHIP
Specify Program: | NO eligibility information, unless parental consent is obtained. | Local health program
Specify Program: | NO eligibility information, unless parental consent is obtained | Child Nutrition Program under the National School Lunch Act or Child Nutrition Act
Specify Program: | All eligibility information; consent not required. | Federal/State or local means tested nutrition program with eligibility standards comparable to the National School Lunch Program
Specify Program: | Eligibility status only; consent not required. | Federal education program
Specify Program: | Eligibility status only; consent not required. | State education program administered by a State agency or local education agency
Specify Program: | Eligibility status only; consent not required. | Local education program
Specify Program: | NO eligibility information, unless parental consent is obtained |
Note: Section 9(b)(2)(C)(iv) specifies that certain programs may receive children's eligibility status only, without parental consent. Parental consent must be obtained to disclose any additional eligibility information. Section 9(b)(2)(C)(iv) specifies that for State Medicaid or SCHIP, parents must be notified and given opportunity to elect not to have information disclosed. Social security numbers may only be disclosed if households are given notice of the disclosure and the uses to be made of their social security numbers as required by Sec. 7 of the Privacy Act.
c) ARKIDS 1st The parent/guardian must be provided the opportunity to decline to share eligibility information prior to the disclosure for identifying children eligible for benefits under or enrolling children in the State Medicaid Program and the State children’s health insurance program (ARKids 1st). The Agricultural Risk Protection Act of 2000 (Public Law 106-224) amended the National School Lunch Act to add State Medicaid and the State sponsored children’s health insurance to programs that are authorized limited access to children’s free and reduced price meal eligibility information. This change is effective October 1, 2000. See appendices for sample agreement for releasing eligibility information – Appendix O. d) Cost of Disclosure
As a reminder to school districts, school food service funds must only be used for the operation and improvement of the school’s food service. Costs to the food service to disclose eligibility information, such as for labor and supplies, cannot be paid by the school food service account. Such costs must be charged to the department within the school district or the outside agency requesting the eligibility information. The only exception to this charge is for school districts, which do not pay indirect cost from the school food service account for indirect expenses. The cost of including the State developed health insurance flyer in the school lunch materials to parents is considered an incidental cost to the school food service and is an acceptable expense.
e) Penalties for Improper Disclosure The National School Lunch Act establishes a fine of not more than $1000, or imprisonment of not more than 1 year, or both for each incident, for publishing, divulging, disclosing, or making known in any manner or extent any eligibility information not authorized by Federal law. A District Disclosure Policy is strongly recommended. See item 3. a. Policy for Protection of Student’s Eligibility Status. f) Waiver of Confidentiality
When parent/guardian receives written notice of approval for free/reduced price meals from the school, the parent may give that information to an agency requesting the information. In circumstances other than those outlined in Section 3. b., Exceptions/Limited Disclosures, the school shall not provide the information unless parents/guardians waive the right to confidentiality. See 3.e., Penalties for Improper Disclosure. The agency or program requesting eligibility information should provide the household with a waiver form that the parent/guardian must sign authorizing the release of free and reduced price eligibility. The waiver must: (1) clearly state the purpose of the waiver
(2) authorize the release of the eligibility status of the child/children
(3) explain who will use the information and how it will be used
(4) be signed by the parent or guardian. See the Child Nutrition web page at:
http://cnn.k12.ar.us/sample1.htm for a sample form.
4. APSCN Access to Student Meal Eligibility The Statewide Information System (SIS) includes a section on student meal status. The eligibility of a student for free or reduced price meals may be indicated on the system only if adequate security has been provided. The school district systems administrator is responsible for security of this information. Only the person(s) operating the system should know the codes used to indicate the eligibility status of a student. Direct certification shall not be coded into the APSCN system. Remember only aggregate information of the number of students eligible for free and reduced price meals may be released without following the regulations outlined in Section 3. b. Examples Exceptions / Limited Disclosure. 5. Sharing information with other Programs
See Appendix N for sample form “Sharing Information with other Programs” which has been included in the Free and Reduced Price Meal Packet. This form should only be used if the district wishes to share information with other programs that require parent consent.
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