[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: 7CFR245.5]



[Page 288-289]

 

                          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, 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,



[[Page 289]]



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]