FNS Documents & Resources

This memo is in response to requests for us to clarify what takes place when a confirmation review finds an error in the eligibility determination after a household has been initially notified of its status.

The Child Nutrition and WIC Reauthorization Act of 2004 amended sections of the Richard B. Russell National School Lunch Act affecting the eligibility determination process for free and reduced price benefits under the National School Lunch Program, School Breakfast Program and the Special Milk Program for Children.

We have recently received questions regarding the child nutrition policy on the treatment of income from deployed military personnel engaged in long-term military campaigns overseas.

There are several instances in the CACFP regulations where the definition of an enrolled child/program participant is critical to the appropriate application of program requirements.

Effective July 1, 2004, school officials verifying income eligibility for free and reduced price meals must allow households to provide documentation of income for any point in time between the month prior to application and the time the household is required to provide income documentation.

This memorandum supplements our Reauthorization Implementation Memo SP 4 by providing additional information on identifying migrant children and on the procedures that school food authorities and local education agencies should use to coordinate with the Migrant Education Program in order to document the categorical eligibility of migrant children for free meals.

The Child Nutrition and WIC Reauthorization Act of 2004 specifies that households’ eligibility for free and reduced price meals shall remain in effect beginning on the date of eligibility for the current school year and ending on a date during the subsequent school year, as determined by the Secretary.

In accordance with the Child Nutrition and WIC Reauthorization Act of 2004, the housing allowance for military personnel living in privatized housing will be permanently excluded from income when determining household eligibility for free and reduced price meals or free milk in all of the child nutrition programs.

On March 31, 2004, the President signed PL 108-211 that continues appropriations for the Child Nutrition Programs and extends several provisions that were to expire on March 31, 2004.

On Nov. 22, 2003, PL 108-134 was enacted. This law continues appropriations for the child nutrition programs and extends several provisions that were to expire on Nov. 21, 2003.