Prohibition Against Denying Meals and Milk to Children as a Disciplinary Action

I. Purpose

This Instruction prohibits the denial of meals and milk as a disciplinary action against any child who is enrolled in a school participating in the child nutrition programs. Such denial of meals or milk is inconsistent with Section 2 and 9 of the National School Lunch Act and Sections 2,3, and 4 of the Child Nutrition Act of 1966.

II. Policy

Disciplinary action which indirectly results in the loss of meals or milk is allowable (e.g., a student is suspended from school). However, when the withholding of meals or milk is the disciplinary action or if the disciplinary action directly results in the loss of meals or milk, it is inconsistent with the law and is not allowable (e.g., a student is suspended from school during the meal or milk period only).

III. Responsibilities

A. State agencies or regional offices, where applicable, shall:

1. Notify all school food authorities that denying a meal or milk to any eligible child as a disciplinary measure is contrary to the National School Lunch Act and the Child Nutrition Act of 1966.
2. Follow through as necessary with the appropriate school food authority to correct and prevent recurrence of any reported instances disciplinary action which directly results in denial of a paid, free or reduced price meal, or free or paid milk.

B. School food authorities shall:

1. When considering a disciplinary action against any child, ensure that such action is consistent with the policy contained herein.
2. Make a reimbursable meal or milk available to any child attending school who, for disciplinary reasons is not allowed to eat in the cafeteria.