[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR220.11]



[Page 102-103]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 220_SCHOOL BREAKFAST PROGRAM--Table of Contents

 

Sec. 220.11  Reimbursement procedures.



    (a) To be entitled to reimbursement under this part, each School 

Food Authority shall submit to the State agency, or FNSRO where 

applicable, a monthly Claim for Reimbursement.

    (b) Claims for Reimbursement shall include data in sufficient detail 

to justify the reimbursement claimed and to enable the State agency to 

provide the Reports of School Program Operations required under Sec. 

220.13(b)(2). Unless otherwise approved by FNS, the Claim for 

Reimbursement for any month shall include only breakfasts served in that 

month except if the first or last month of Program operations for any 

year contains 10 operating days or less, such month may be added to the 

Claim for Reimbursement for the appropriate adjacent month; however, 

Claims for Reimbursement may not combine operations occurring in two 

fiscal years. If a single State agency administers any combination of 

the Child Nutrition



[[Page 103]]



Programs, the SFA shall be able to use a common claim form with respect 

to claims for reimbursement for meals served under those programs. A 

final Claim for Reimbursement shall be postmarked and/or submitted to 

the State agency, or FNSRO where applicable, not later than 60 days 

following the last day of the full month covered by the claim. State 

agencies may establish shorter deadlines at their discretion. Claims not 

postmarked and/or submitted within 60 days shall not be paid with 

Program funds unless FNS determines that an exception should be granted. 

The State agency, or FNSRO where applicable, shall promptly take 

corrective action with respect to any Claim for Reimbursement as 

determined necessary through its claim review process or otherwise. In 

taking such corrective action, State agencies may make upward 

adjustments in Program funds claimed on claims filed within the 60 day 

deadline if such adjustments are completed within 90 days of the last 

day of the claim month and are reflected in the final Report of School 

Program Operations (FNS-10) for the claim month which is required under 

Sec. 220.13(b)(2). Upward adjustments in Program funds claimed which 

are not reflected in the final FNS-10 for the claim month shall not be 

made unless authorized by FNS. Downward adjustments in Program funds 

claimed shall always be made, without FNS authorization, regardless of 

when it is determined that such adjustments are necessary.

    (c) Where a school participates in both the National School Lunch 

Program and the School Breakfast Program, the State agency or FNSRO, 

where applicable, may authorize the submission of one claim for 

reimbursement to cover both programs.

    (d) [Reserved]

    (e) Notwithstanding any other provision of this section, the State 

agency, or FNSRO where applicable, may advance funds available for the 

School Breakfast Program to a School Food Authority in an amount equal 

to the reimbursement estimated for the total number of breakfasts, 

including free and reduced price breakfasts, to be served to children 

for 1 month. The State agency, or FNSRO where applicable, shall require 

School Food Authorities who receive advances of funds under the 

provisions of this paragraph to make timely submissions of claims for 

reimbursement on a monthly basis and shall suspend advances of funds in 

the absence of such timely submissions. Following the receipt of claims 

the State agency, or FNSRO where applicable, shall make such adjustments 

as are necessary in such advances of funds to insure that the total 

amount of reimbursement received by a School Food Authority for the 

fiscal year will not exceed an amount equal to the number of breakfasts, 

including free and reduced price breakfast, served to children times the 

respective rates of reimbursement assigned by the State agency, or FNSRO 

where applicable, in accordance with Sec. 220.9.



(Title 1, Chapter I, Pub. L. 96-38, 93 Stat. 98 (42 U.S.C. 1776a); secs. 

807 and 808, Pub. L. 97-35, 95 Stat. 521-535, 42 U.S.C. 1772, 1784, 

1760; sec. 819, Pub. L. 97-35, 95 Stat. 533 (42 U.S.C. 1759a, 1773, 

1757); Pub. L. 97-370, 96 Stat. 1806)



[32 FR 35, Jan. 5, 1967, as amended by Amdt. 9, 37 FR 9613, May 13, 

1972; 40 FR 30924, July 24, 1975; 45 FR 82622, Dec. 16, 1980; 47 FR 

31376, July 20, 1982; 48 FR 40196, Sept. 6, 1983; Amdt. 49, 49 FR 18987, 

May 4, 1984; 64 FR 50742, Sept. 20, 1999]