[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR245.3]

[Page 284-285]
 
                          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. 245.3  Eligibility standards and criteria.

    (a) Each State agency, or FNSRO where applicable, shall by July 1 of 
each year announce family-size income standards to be used by School 
Food Authorities of schools under the jurisdiction of such State agency, 
or FNSRO where applicable, in making eligibility determinations for free 
or reduced price meals and for free milk. Such family size income 
standards for free and reduced price meals and for free milk shall be in 
accordance with Income Eligibility Guidelines published by the 
Department by notice in the Federal Register.
    (b) Each School Food Authority shall establish eligibility criteria 
for free and reduced price meals and for free milk in conformity with 
the family-size income standards prescribed by the State agency, or 
FNSRO where applicable, under paragraph (a) of this section. Such 
criteria shall:
    (1) For all schools under the jurisdiction of the School Food 
Authority, specify the uniform family-size income criteria to be used 
for determining eligibility for free and reduced price meals in schools 
participating in the

[[Page 285]]

National School Lunch or School Breakfast Programs and in commodity-only 
schools, and for determining eligibility for free milk when the School 
Food Authority has chosen to serve free milk in its schools 
participating in the Special Milk Program; and
    (2) Provide that all children from a family meeting family-size 
income criteria and attending any school under the jurisdiction of the 
School Food Authority which participates under the National School Lunch 
Program, School Breakfast Program, Special Milk Program, or is a 
commodity only school shall be provided the same benefits. The School 
Food Authority's eligibility criteria shall be a part of the policy 
statement required under Sec. 245.10 and shall be publicly announced in 
accordance with the provisions of Sec. 245.5.
    (c) Each School Food Authority shall serve free and reduced price 
meals or free milk in the respective programs to children eligible under 
its eligibility criteria. When a child is not a member of a family as 
defined in Sec. 245.2(b), the child shall be considered a family of one. 
In any school which participates in more than one of the child nutrition 
programs, eligibility shall be applied uniformly so that eligible 
children receive the same benefits in each program. If a child transfers 
from one school to another school under the jurisdiction of the same 
School Food Authority, his eligibility for free or reduced price meals 
or for free milk, if previously established, shall be transferred to, 
and honored by, the receiving school if it participates in the National 
School Lunch Program, School Breakfast Program, Special Milk Program and 
the School Food Authority has elected to provide free milk, or is a 
commodity-only school.

(Sec. 8, Pub. L. 95-627, 92 Stat. 3623 (42 U.S.C. 1758); sec. 5, Pub. L. 
95-627, 92 Stat. 3619 (42 U.S.C. 1772); 42 U.S.C. 1785, 1766, 1772, 
1773(e), sec. 203, Pub. L. 96-499, 94 Stat. 2599; secs. 807 and 808, 
Pub. L. 97-35, 95 Stat. 521-535, 42 U.S.C. 1772, 1784, 1760; sec. 803, 
Pub. L. 97-35, 95 Stat. 521-535 (42 U.S.C. 1758))

[Amdt. 8, 40 FR 57207, Dec. 8, 1975; 40 FR 58281, Dec. 16, 1975, as 
amended by Amdt. 10, 41 FR 28783, July 13, 1976; Amdt. 13, 44 FR 33049, 
June 8, 1979; 47 FR 31852, July 23, 1982]