[Code of Federal Regulations]
[Title 7 Volume 4]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR245.4]

[Page 255-256]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 245--DETERMINING ELIGIBILITY FOR FREE AND REDUCED PRICE MEALS AND FREE MILK IN SCHOOLS--Table of Contents
 
Sec. 245.4  Exceptions for Puerto Rico and the Virgin Islands.

    Because the State agencies of Puerto Rico and the Virgin Islands 
provide free meals or milk to all children in schools under their 
jurisdiction, regardless of the economic need of the child's family, 
they are not required to make individual eligibility determinations or 
publicly announce eligibility criteria. Instead, such State agencies may 
use a statistical survey to determine the number of children eligible 
for free or reduced price meals and milk on which a percentage factor 
for the withdrawal of special cash assistance funds will be developed 
subject to the following conditions:

[[Page 256]]

    (a) State agencies shall conduct a statistical survey once every 
three years in accordance with the standards provided by FNS;
    (b) State agencies shall submit the survey design to FNS for 
approval before proceeding with the survey;
    (c) State agencies shall conduct the survey and develop the factor 
for withdrawal between July 1 and December 31 of the first school year 
of the three-year period;
    (d) State agencies shall submit the results of the survey and the 
factor for fund withdrawal to FNS for approval before any reimbursement 
may be received under that factor;
    (e) State agencies shall keep all material relating to the conduct 
of the survey and determination of the factor for fund withdrawal in 
accordance with the record retention requirements in Sec. 210.8(e)(14) 
of this chapter;
    (f) Until the results of the triennial statistical survey are 
available, the factor for fund withdrawal will be based on the most 
recently established percentages. The Department shall make retroactive 
adjustments to the States' Letter of Credit, if appropriate, for the 
year of the survey;
    (g) If any school in these States wishes to charge a student for 
meals, the State agency, School Food Authority and school shall comply 
with all the applicable provisions of this part and parts 210, 215 and 
220 of this chapter.


(Sec. 9, Pub. L. 95-166, 91 Stat 1336 (42 U.S.C. 1759a); secs. 807 and 
808, Pub. L. 97-35, 95 Stat. 521-535, 42 U.S.C. 1772, 1784, 1760; 44 
U.S.C. 3506)

[Amdt. 18, 45 FR 52771, Aug. 8, 1980, as amended at 46 FR 51366, Oct. 
20, 1981; 47 FR 746, Jan. 7, 1982]