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Lodi Unified School District

Policy 3553 - Free and Reduced Priced Meals

Series: 3000 - Business and Non-Instructional Operations

Policy: 3553 - Free and Reduced Priced Meals

Adopted: 03/13/1969

Last Revised: 04/02/2024

Last Reviewed: 04/02/2024

Download Policy 3553 - Free and Reduced Priced Meals PDF (English)

Download Rule 3553 - Free and Reduced Priced Meals PDF (English)

Free and Reduced Price Meals

The Board of Education recognizes that adequate nutrition is essential to the development, health and wellbeing, and learning of all students. The Superintendent or designee shall facilitate and encourage the participation of all students.

Each school day, the district shall provide, free of charge, a nutritionally adequate breakfast and lunch for any student who requests a meal.

To provide optimal nutrition and ensure that schools receive maximum federal meal reimbursement, the Superintendent or designee shall assess the eligibility of district schools to operate a federal universal meal service provision, such as Provision 2 or the Community Eligibility Provision, pursuant to 42 USC 1759a. The Superintendent or designee shall submit an application to operate a federal universal meal provision to the California Department of Education (CDE) on behalf of any district school that meets the definition of a “high poverty school.”

If any district school meets the criteria for a "very high poverty school" through its eligibility for the federal Community Eligibility Provision reimbursement rate pursuant to 42 USC 1759a, the district shall apply to the California Department of Education (CDE) to operate a universal meal service, unless the Board adopts a resolution stating that the district is unable to comply with this requirement due to fiscal hardship. The resolution shall be part of the public agenda for at least two consecutive Board meetings, first as an information item and then as an action item. The Board shall reconsider the resolution at least once every four years.

The Superintendent or designee shall ensure that meals served under the school nutrition program meet applicable state and/or federal nutritional standards in accordance with law, Board policy, and rule.

 

The Board shall approve and shall submit to the California Department of Education for approval, a plan that ensures that students eligible to receive free or reduced-price meals are not treated differently from other students and that meets other requirements specified in Education Code 49557.

All applications and records related to eligibility for the free or reduced-price meal program shall be confidential and may not be released except as provided by law and authorized by the Board or pursuant to a court order.

The Board authorizes designated employees to use individual records pertaining to student eligibility for any free and reduced-price meal program for the following purposes:

  1. Disaggregation of academic achievement data;
  2. Identification of students eligible for services under the federal Elementary and Secondary Education Act pursuant to 20 USC 6301-6576.
  3. Facilitation of targeted educational services and supports to individual students based on the local control accountability plan

Confidentiality / Release of Records
If a student transfers from the district to another district, charter school, county office of education program, or private school, the Superintendent or designee may share the student's meal eligibility information to the other educational agency ensuring that the student continues to receive school meals.

The Superintendent or designee may release the name and eligibility status of a student participating in the free or reduced-price meal program to the Superintendent of Public Instruction for purposes of determining allocations under the local control funding formula and for assessing accountability of that funding.

The Superintendent or designee may release information on the school lunch program application to the local agency that determines eligibility for participation in the Medi-Cal program if the student has been approved for free meals or, if included in the agreement with the local agency, for reduced-price meals.

The Superintendent or designee also may release information on the school lunch application to the local agency that determines eligibility for CalFresh or another nutrition assistance program authorized under 7 CFR 210.1 if the student has been approved for free or reduced-price meals. Information may be released for these purposes only if the student's parent/guardian consents to the sharing of information and the district has entered into a memorandum of understanding with the local agency which, at a minimum, includes the roles and responsibilities of the district and local agency and the process for sharing the information. After sharing information with the local agency for purposes of determining eligibility for that program, no further information shall be shared unless otherwise authorized by law.

Legal References

Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Board to enact this policy.  Instead, they are provided as additional resources for those interested in the subject matter of the policy.

STATE
CALIFORNIA CODE OF REGULATIONS
5 CCR 15510 Mandatory meals for needy students
5 CCR 15530-15535 Nutrition education
5 CCR 15550-15565 School lunch and breakfast programs
EDUCATION CODE
48980 Notice at beginning of term
49430-49434 Pupil Nutrition, Health, and Achievement Act of 2001
49490-49494 School breakfast and lunch programs
49500-49505 School meals
49501.5 California Universal Meals Program
49510-49520 Nutrition
49530-49536 Child Nutrition Act of 1974
49547-49548.3 Comprehensive nutrition service
49550-49564.5 Meals for needy students
49564.3 High Poverty Schools: Universal Meals service
 
FEDERAL
UNITED STATES CODE
20 USC 1232g Family Educational Rights and Privacy Act (FERPA) of 1974
20 USC 6301-6576 Title I Improving the Academic Achievement of the Disadvantaged
42 USC 1751-1769j School Lunch Program
42 USC 1771-1791 Child nutrition
42 USC 1773 School Breakfast Program
CODE OF FEDERAL REGULATIONS
7 CFR 210.1-210.33 National School Lunch Program
7 CFR 220.10-220.21 National School Breakfast Program
7 CFR 245.1-245.13 Eligibility for free and reduced-price meals and free milk
 
MANAGEMENT RESOURCES
CSBA PUBLICATIONS
Monitoring for Success: A Guide for Assessing and Strengthening Student Wellness Policies, 2012
Student Wellness: A Healthy Food and Physical Activity Policy Resource Guide, 2012
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Clarification on the Sharing of Individual Student Eligibility Information for Local Control and Accountability Plan Purposes, Management Bulletin SNP-02-2018, May 2018
U.S. DEPARTMENT OF AGRICULTURE PUBLICATIONS
Eligibility Manual for School Meals: Determining and Verifying Eligibility, July 2017
Provision 2 Guidance: National School Lunch and School Breakfast Programs, Summer 2002
WEB SITES
CSBA District and County Office of Education Legal Services https://legalservices.csba.org/#https://legalservices.csba.org/
California Department of Education, Nutrition Services Division: http://www.cde.ca.gov/ls/nu
California Project LEAN (Leaders Encouraging Activity and Nutrition): http://www.californiaprojectlean.org
U.S. Department of Agriculture, Food and Nutrition Service: http://www.fns.usda.gov/cnd

Rule 3553

Applications

The Superintendent or designee shall ensure that the District's application form for free and reduced-price meals and related materials include the statements specified in Education Code 49557 and 7 CFR 245.5. The District's application packet shall include the notifications and information listed in Education Code 49557.2.

An application form for free or reduced price meals and related information shall be distributed to all parents/guardians at the beginning of each school year, and shall be available to students at all times during the school day.

In addition, the District application form for free and reduced price meals shall be available online. The online application form shall require completion of only those questions necessary for determining eligibility, contain clear instructions for families that are homeless or migrant, and comply with other requirements specified in Education Code 49557.

An application form and related information shall also be provided whenever a new student is enrolled.

At the beginning of each school year, the Superintendent or designee shall send a public release, containing the same information supplied to parents/guardians and including eligibility criteria, to local media, the local unemployment office, and any major employers in the District’s attendance area contemplating large layoffs. Copies of the public release shall be made available upon request to any interested person.

Eligibility

The Superintendent or designee shall determine students’ eligibility for the free and reduced-price meals based on the criteria specified in 42 USC 1758 and 1773 and 7 CFR 245.1 – 245.13 and made available by the California Department of Education.

Participants in the CalFresh, California Work Opportunity and Responsibility to Kids (CalWORKS), and Medi-Cal programs shall be directly certified for enrollment in the free and reduced-price meal program without further application. Participants in other state or federal programs may be directly certified when authorized by law.

Verification of Eligibility

Not later than November 15 of each year, the Superintendent or designee shall verify the eligibility of a sample of household applications approved for the school year in accordance with the sample sizes and procedures specified in 42 USC 1758 and 7 CFR 245.6a.

If the review indicates that the initial eligibility determination is correct, the Superintendent or designee shall verify the approved household application. If the review indicates that the initial eligibility determination is incorrect, the Superintendent or designee shall:

  1. If the eligibility status changes from reduced price to free, make the increased benefits immediately available and notify the household of the change in benefits;
  2. If the eligibility status changes from free to reduced price, first verify the application, then notify the household of the correct eligibility status, and, when required by law, send a notice of adverse action as described below;
  3. If the eligibility status changes from free or reduced price to paid, send the household a notice of adverse action as described below.

If any household is to receive a reduction or termination of benefits as a result of verification activities, or if the household fails to cooperate with verification efforts, the Superintendent or designee shall reduce or terminate benefits, as applicable, and shall properly document and retain on file in the District the reasons for ineligibility. He/she also shall send a notice of adverse action to any household that is to receive a reduction or termination of benefits. Such notice shall be provided 10 days prior to the actual reduction or termination of benefits. The notice shall advise the household of:

  1. The change and the reasons for the change;
  2. The right to appeal, when the appeal must be filed to ensure continued benefits while awaiting a hearing and decision, and instructions on how to appeal; and
  3. The right to reapply at any time during the school year.

Confidentiality/Release of Records

All applications and records related to eligibility for the free or reduced-price meal program shall be confidential except as provided by law.

The Superintendent authorizes designated employees to use individual records pertaining to student participation in the free or reduced-price meal program for the purpose of disaggregation of academic achievement data and/or the provision of services under the federal Elementary and Secondary Education Act pursuant to 20 USC 6301-6576.

In using these records for such purpose, the Superintendent or designee shall ensure that:

  1. No individual indicators of participation in the free or reduced-price meal program shall be maintained in the permanent records of any students if not otherwise allowed by law;
  2. Information regarding individual student participation in the free or reduced-price meal program shall not be publicly released;
  3. All other confidentiality provisions required by law are met;
  4. Information collected regarding individual students certified to participate in the free or reduced price meal program shall be destroyed when no longer needed for its intended purpose.

Non-Discrimination Plan

The District’s plan for students receiving free or reduced-price meals shall ensure the following:

  1. The names of the students shall not be published, posted or announced in any manner, or used for any purpose other than the National School Lunch and School Breakfast Programs, unless otherwise provided by law;
  2. There shall be no overt identification of any of the students by the use of special tokens or tickets or by any other means;
  3. The students shall not be required to work for their meals or milk;
  4. The students shall not be required to use a separate dining area, go through a separate entrance, or consume their meals or milk at a different time.

When more than one lunch, breakfast or type of milk is offered, the students shall have the same choice of meals or milk as is available to those students who pay the full price.

Prices

The maximum price that shall be charged to eligible students for reduced-price meals shall be 40 cents for lunch and 30 cents for breakfast.