[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: 7CFR220.9]



[Page 101-102]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 220_SCHOOL BREAKFAST PROGRAM--Table of Contents

 

Sec. 220.9  Reimbursement payments.



    (a) State agencies, or FNSRO's where applicable, shall make 

reimbursement payments to schools only in connection with breakfasts 

meeting the requirements of Sec. 220.8, and reported in accordance with 

Sec. 220.11(b) of this part. School Food Authorities shall plan for and 

prepare breakfasts on the basis of participation trends, with the 

objective of providing one breakfast per child per day. Production and 

participation rec ords shall be maintained to demonstrate positive 

action toward this objective. In recognition of the fluctuation in 

participation levels which makes it difficult to precisely estimate the 

number of breakfasts needed and to reduce the resultant waste, any 

excess breakfasts that are prepared may be served to eligible children 

and may be



[[Page 102]]



claimed for reimbursement unless the State agency, or FNSRO where 

applicable, determines that the School Food Authority has failed to plan 

and prepare breakfasts with the objective of providing one breakfast per 

child per day. In no event shall the School Food Authority claim 

reimbursement for free and reduced price breakfasts in excess of the 

number of children approved for free and reduced price meals.

    (b) The rates of reimbursement for breakfasts served to eligible 

children in schools not in severe need are the applicable national 

average payment factors for breakfasts. The maximum rates of 

reimbursement for breakfasts served to eligible children in schools 

determined to be in severe need are those prescribed by the Secretary. 

National average payment factors and maximum rates of reimbursement for 

the School Breakfast Program shall be prescribed annually by the 

Secretary in the Federal Register.

    (c) The total reimbursement for breakfasts served to eligible 

children in schools not in severe need, and schools in severe need 

during the school year shall not exceed the sum of the products obtained 

by multiplying the total numbers of such free, reduced price and paid 

breakfasts, respectively, by the applicable rate of reimbursement for 

each type of breakfast as prescribed for the school year.

    (d) The State agency, or FNSRO where applicable, shall determine 

whether a school is in severe need based on the following eligibility 

criteria:

    (1) The school is participating in or desiring to initiate a 

breakfast program; and

    (2) At least 40 percent of the lunches served to students at the 

school in the second preceding school year were served free or at a 

reduced price. Schools that did not serve lunches in the second 

preceding year and that would like to receive reimbursement at the 

severe need rate may apply to their administering State agency. The 

administering State agency shall approve or deny such requests in 

accordance with guidance, issued by the Secretary, that determines that 

the second preceding school year requirement would otherwise have been 

met.



(Sec. 6, Pub. L. 95-627, 92 Stat. 3620 (42 U.S.C. 1776; secs. 801, 803, 

812; Pub. L. 97-35, 95 Stat. 521-535, 42 U.S.C. 1753, 1759(a), 1758, 

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

1757); 44 U.S.C. 3506))



[Amdt. 25, 41 FR 34760, Aug. 17, 1976, as amended by Amdt. 29, 44 FR 

48159, Aug. 17, 1979; Amdt. No. 38, 46 FR 50928, Oct. 16, 1981; 46 FR 

51368, Oct. 20, 1981; 47 FR 746, Jan. 7, 1982; 47 FR 31375, July 20, 

1982; 48 FR 40196, 40197, Sept. 6, 1983; 60 FR 31222, June 13, 1995; 65 

FR 26923, May 9, 2000; 70 FR 66249, Nov. 2, 2005]