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Revised: Child Nutrition Reauthorization 2010: Area Eligibility for Family Day Care Homes

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PDF Icon Policy Memo (72.52 KB)
DATE:January 10, 2011
POLICY MEMO:CACFP 05-2011-Revised
SUBJECT:Child Nutrition Reauthorization 2010: Area Eligibility for Family Day Care Homes
TO:Regional Directors
Special Nutrition Programs
All Regions
State Directors
Child Nutrition Programs
All Regions

The Healthy, Hunger-Free Kids Act of 2010 (the Act), PL 111-296, was signed into law by the President on Dec. 13, 2010. The Act modifies the requirements for using area eligibility data to make tiering determinations for family day care homes participating in the Child and Adult Care Food Program (CACFP). The purpose of this memorandum is to provide guidance on the implementation of this modification in CACFP.

Section 121 of the Act amends section 17(f)(3) of the Richard B. Russell National School Lunch Act (42 USC 1766(f)) to allow family and group day care homes to be classified as tier I for purposes of reimbursement under CACFP if the home is located in an area served by any public school in which at least 50 percent of the enrolled children are certified eligible for free and reduced-price school meals. Previously, only the enrollment of the local public elementary school could be used to determine tier I eligibility. This provision is retroactively effective to Oct. 1, 2010.

To facilitate implementation of this provision, state agencies must provide sponsors of family day care homes with current area eligibility data for all public middle and high schools in the state as soon as possible. Sponsoring organizations are required to reevaluate the classification of all tier II homes and reclassify homes that now qualify for tier I rates using the expanded public school data. Further, homes reclassified as tier I using the expanded public school data may be eligible to receive the higher tier I reimbursement rates for all meals served from Oct. 1, 2010, to the day of reclassification as a tier I home.

Sponsoring organizations must submit amended claims for reimbursement for October, November, and December 2010 to the state agency by Feb. 28, 2011. State agencies may make adjustments in the amounts paid as allowed in Section 226.10(e) of the regulations, and should revise their reports as authorized in Section 226.7(d). State agencies must submit their final amended reports for October, November, and December 2010 to FNS no later than April 30, 2011. Beginning with the January claim, all claims and reports should be submitted on the normal schedule.

State agencies should direct any questions concerning this guidance to the appropriate FNS regional office. Regional offices with questions should contact the child nutrition division.

Melissa A. Rothstein
Acting Director
Child Nutrition Division

Page updated: January 11, 2024

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.