FNS Documents & Resources

This memorandum provides guidance regarding amendments to the Richard B. Russell National School Lunch Act  that extend automatic eligibility for free meal benefits, including free milk, to all children enrolled in Head Start and participating in child nutrition programs.

The purpose of this memo is to highlight previously issued guidance on the disclosure of eligibility information between child nutrition programs, and to offer clarification on the application of this policy.

The Richard B. Russell National School Lunch Act was amended by the Child Nutrition and WIC Reauthorization Act of 2004 to specify verification sample sizes for local educational agencies .

This memorandum provides guidance to state administrators in making household eligibility determinations in all nutrition assistance programs administered by FNS.

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.

As described in our Reauthorization Implementation Memo SP 4, Categorical Eligibility for Free Lunches and Breakfasts of Runaway, Homeless, and Migrant Youth,  runaway youth served through grant programs established under the Runaway and Homeless Youth Act are now categorically eligible for free meals in the National School Lunch and School Breakfast Programs.

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.