[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR245.5]

[Page 293-294]
 
                          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. 245.5  Public announcement of the eligibility criteria.

    (a) After the State agency, or FNSRO where applicable, notifies the 
school food authority that its criteria for determining the eligibility 
of children for free and reduced price meals and for free milk have been 
approved, the school food authority shall publicly announce such 
criteria: Provided however, that no such public announcement shall be 
required for boarding schools, residential child care institutions (see 
Sec. 210.2 of this chapter, definition of Schools), or a school which 
includes food service fees in its tuition, where all attending children 
are provided the same meals or milk. Such announcements shall be made at 
the beginning of each school year or, if notice of approval is given 
thereafter, within 10 days after the notice is received. The public 
announcement of such criteria, as a minimum, shall include the 
following:
    (1) Except as provided in Sec. 245.6(b), a letter or notice and 
application distributed on or about the beginning of each school year, 
to the parents of all children in attendance at school. The letter or 
notice shall contain the following information:
    (i) In schools participating in a meal service program, the 
eligibility criteria for reduced price benefits with an explanation that 
households with incomes less than or equal to the reduced price criteria 
would be eligible for either free or reduced price meals, or in schools 
participating in the free milk option,

[[Page 294]]

the eligibility criteria for free milk benefits;
    (ii) How a household may make application for free or reduced price 
meals or for free milk for its children;
    (iii) An explanation that an application for free or reduced price 
benefits cannot be approved unless it contains complete 
``documentation'' as defined in Sec. 245.2(a-4)(1)(i);
    (iv) An explanation that households with children who are members of 
currently certified food stamp, FDPIR or TANF households may submit 
applications for these children with the abbreviated information 
described in Sec. 245.2(a-4)(1)(ii);
    (v) An explanation that the information on the application may be 
verified at any time during the school year;
    (vi) An explanation that households receiving free or reduced price 
benefits must notify school officials during the school year of any 
decreases in household size and any increases in income of over $50 per 
month or $600 per year (or a lesser amount if established by the State) 
or, in the case of households that provided a food stamp or TANF case 
number or a FDPIR case number or other FDPIR identifier to establish 
eligibility for free meals or free milk for a child, of any termination 
of benefits for such children under the Food Stamp, FDPIR or TANF 
Programs.
    (vii) How a household may apply for benefits at any time during the 
school year as circumstances change;
    (viii) A statement to the effect that children having parents or 
guardians who become unemployed are eligible for free or reduced price 
meals or for free milk during the period of unemployment, Provided, that 
the loss of income causes the household income during the period of 
unemployment to be within the eligibility criteria;
    (ix) A statement to the effect that in certain cases foster children 
are eligible for free or reduced price meals or free milk regardless of 
the income of the household with whom they reside and that households 
wishing to apply for such benefits for foster children should contact 
the School Food Authority;
    (x) The statement: ``In the operation of child feeding programs, no 
child will be discriminated against because of race, sex, color, 
national origin, age or disability;'' and
    (xi) How a household may appeal the decision of the School Food 
Authority with respect to the application under the hearing procedure 
set forth in Sec. 245.7. The letter or notice shall be accompanied by a 
copy of the application form required under Sec. 245.6.
    (2) On or about the beginning of each school year, a public release, 
containing the same information supplied to parents, and including both 
free and reduced price eligibility criteria shall be provided to the 
informational media, the local unemployment office, and to any major 
employers contemplating large layoffs in the area from which the school 
draws its attendance.
    (b) Copies of the public release shall be made available upon 
request to any interested persons. Any subsequent changes in a school's 
eligibility criteria during the school year shall be publicly announced 
in the same manner as the original criteria were announced.

(Sec. 803, Pub. L. 97-35, 95 Stat. 521-535 (42 U.S.C. 1758); Pub. L. 79-
396, 60 Stat. 231 (42 U.S.C. 1751); Pub. L. 89-642, 80 Stat. 885-880 (42 
U.S.C. 1773); Pub. L. 91-248, 84 Stat. 207 (42 U.S.C. 1759))

[Amdt. 8, 40 FR 57207, Dec. 8, 1975, as amended by Amdt. 10, 41 FR 
28783, July 13, 1976; 47 FR 31852, 31853, July 23, 1982; Amdt. 24, 48 FR 
19355, Apr. 29, 1983; 49 FR 26034, June 26, 1984; 52 FR 19275, May 22, 
1987; 64 FR 50744, Sept. 20, 1999; 64 FR 72472, Dec. 28, 1999; 66 FR 
48328, Sept. 20, 2001; 68 FR 53489, Sept. 11, 2003]