[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: 7CFR245.4]



[Page 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. 245.4  Exceptions for Puerto Rico and the Virgin Islands.



    Because the State agencies of Puerto Rico and the Virgin Islands 

provide free meals or milk to all children in schools under their 

jurisdiction, regardless of the economic need of the child's family, 

they are not required to make individual eligibility determinations or 

publicly announce eligibility criteria. Instead, such State agencies may 

use a statistical survey to determine the number of children eligible 

for free or reduced price meals and milk on which a percentage factor 

for the withdrawal of special cash assistance funds will be developed 

subject to the following conditions:

    (a) State agencies shall conduct a statistical survey once every 

three years in accordance with the standards provided by FNS;

    (b) State agencies shall submit the survey design to FNS for 

approval before proceeding with the survey;

    (c) State agencies shall conduct the survey and develop the factor 

for withdrawal between July 1 and December 31 of the first school year 

of the three-year period;

    (d) State agencies shall submit the results of the survey and the 

factor for fund withdrawal to FNS for approval before any reimbursement 

may be received under that factor;

    (e) State agencies shall keep all material relating to the conduct 

of the survey and determination of the factor for fund withdrawal in 

accordance with the record retention requirements in Sec. 210.8(e)(14) 

of this chapter;

    (f) Until the results of the triennial statistical survey are 

available, the factor for fund withdrawal will be based on the most 

recently established percentages. The Department shall make retroactive 

adjustments to the States' Letter of Credit, if appropriate, for the 

year of the survey;

    (g) If any school in these States wishes to charge a student for 

meals, the State agency, School Food Authority and school shall comply 

with all the applicable provisions of this part and parts 210, 215 and 

220 of this chapter.



(Sec. 9, Pub. L. 95-166, 91 Stat 1336 (42 U.S.C. 1759a); secs. 807 and 

808, Pub. L. 97-35, 95 Stat. 521-535, 42 U.S.C. 1772, 1784, 1760; 44 

U.S.C. 3506)



[Amdt. 18, 45 FR 52771, Aug. 8, 1980, as amended at 46 FR 51366, Oct. 

20, 1981; 47 FR 746, Jan. 7, 1982]



[[Page 288]]