[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: 7CFR245.3]



[Page 286-287]

 

                          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 National School Lunch or School Breakfast Programs 

and in commodity-only schools, and for determining eligibility for free 

milk when the School



[[Page 287]]



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]