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.

Tthe School Breakfast Program regulations outlines criteria for schools to qualify for severe need reimbursement. Included in these criteria is the requirement that 40 percent or more of the lunches served to students at that school in the second preceding school year were served free or at a reduced price. This criterion is intended to ensure that the severe need reimbursement rate is provided to schools which have already demonstrated that a high percentage of meals, defined as 40 percent or more of lunches, are being served to needy students.

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.

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the Jan. 30, 1989, Federal Register (pages 4722-4733).

This memorandum extends this categorical eligibility provision to the National School Lunch Program, the School Breakfast Program, the Special Milk Program for Children, and closed enrolled sites in the Summer Food Service Program.

In response to inquiries from three regional offices, we are issuing the attached guidance with regard to the eligibility for free meals of children participating in state-funded pre-kindergarten programs.

Prior to issuance of a final rule, we are authorizing determining agencies to disclose free and reduced price meal or free milk eligibility information to the extent authorized in the statute.