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Original Agreement and Policy Statement for the 2015-2016 School Year

This document outlines the agreement and policies for the 2015-2016 school year distance learning program in Arkansas, including funding, administration, and compliance with federal laws and regulations.

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Original Agreement and Policy Statement for the 2015-2016 School Year

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  1. Original Agreement and Policy Statement for the 2015-2016 School Year Distance Learning April 2, 2015 Karen Franklin, SNS

  2. Why? • Each year the state of Arkansas and the United States Department of Agriculture (USDA) have an agreement • USDA will: • Interpret legislation and laws • Provide policies, guidance and instructions • Pay claims to fund child nutrition programs WHEN FUNDS ARE MADE AVAILABLE for them to do so…if funding is not provided USDA is not obligated to pay

  3. Why? • Arkansas Department of Education (ADE) will: • Administer the Child Nutrition Programs (CNP) in the Arkansas public schools according to federal and state laws and regulations • Monitor as required • Train child nutrition personnel in program management • Pay claims when funds are provided from USDA

  4. Why? • The state of Arkansas through ADE Child Nutrition Unit (CNU) has an agreement with each School Food Authority/Local Education Agency (SFA/LEA) • SFA/LEA will: • Follow all laws, rules and regulations for CNPs • ADE CNU will: • Administer the CNP for SFA/LEA • Publish laws, rules, regulations • Pay claims to SFA/LEA if USDA provides the money

  5. Why? • The ADE/SFA Original Agreement and Policy Statement is being updated for the 2015-16 school year • In school years between Original Agreement and Policy Statement there is a Renewal of Agreement and Policy Statement • The Renewals give updated information for the new school year regarding changes in laws, rules and regulations • The Renewals also give updated information for each school within a school district

  6. What is the difference between the Agreement and the Policy Statement? • Agreement: The SFA/LEA and ADE agreement regarding following all federal and state rules and regulations • Policy Statement is methods and procedures the district will use in implementing the free and reduced price meals program: • Determine meal eligibility • Count and claim meals • Inform the public • Report to ADE, CNU the people responsible for each aspect of the program

  7. Agreement and Policy Statement • MOST of the information and wording in the Original Agreement and Policy Statement are REQUIRED by regulation. (We don’t make this stuff up!!!) • If you want to see the exact wording of USDA requirements look at 7 CFR 210, 220 and 245. • Some Arkansas specific information and wording have been added to the USDA requirements.

  8. Regulatory Authority 7 CFR 210 – National School Lunch Program 7 CFR 220 – School Breakfast Program 7 CFR 245 – Meal Eligibility (all meals) 7 CFR 215 – Special Milk Program Public Law 105-336 – Afterschool Snack Public Law 85-478 – Seamless Summer Option

  9. Regulatory Authority • Public Law 108-265 – Increase access to food and nutrition assistance, simplify program operations and improve program integrity • Public Law 111-296 Healthy Huger Free Kids Act of 2010 • 2 CFR 200 – Super-circular regarding grant funds, allowable, unallowable expenses, etc.

  10. Regulatory Authority • Arkansas Code Annotated 20-7-134, 20-7-135 – Rules covering Nutrition and Physical Activity in Public Schools (Act 1220) • Arkansas Code Annotated 20-7-134, 20-7-135 – Final Rules Governing Child Nutrition Certification

  11. Original Agreement and Policy Statement 2015-16 SY • Effective beginning 2015-16 school year • Signed by Superintendent, District Child Nutrition Director, Director Child Nutrition Unit (Suzanne Davidson) • Includes the regulatory citations indicating the requirements that are being agreed to between SFA and ADE.

  12. Agreement Between SFA/LEA and ADE THE ARKANSAS DEPARTMENT OF EDUCATION AGREES THAT, to the extent of funds available, it shall reimburse the School Food Authority in connection with meals served to school children in the indicated program(s) in schools listed in Program Schedule A, during the effective period of this Agreement.. This is why it is SOOO important that the district’s Schedule A be accurate at all times (updated as things change) The Schedule A is what allows us to be able to reimburse the district for APPROVED programs.

  13. School District (SFA/LEA)Agrees to: Based on the 0riginal 2015-16 Agreement: THE SCHOOL FOOD AUTHORITY AGREES THAT it will conform to the requirements in the conduct of all program(s): School food authority and participating schools under its jurisdiction, shall comply with all provisions of 7 CFR Parts 210, 215, 220 and 245; 2 CFR 200 and all state and federal guidelines as applicable.

  14. School District (SFA/LEA)Agrees to: Maintain a nonprofit school food service and observe the limitations on the use of nonprofit school food service revenues set forth inthe above mention regulations Observe the limitations on any competitive foods and beverages as set forth in Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schoolsand USDA All Foods on Campus and Smart Snacks regulations

  15. School District (SFA/LEA)Agrees to: Limit its net cash resources to an amount that does not exceed three months average expendituresfor its nonprofit school food service. Maintain a financial management system as prescribed under the above mentioned regulations.

  16. School District (SFA/LEA)Agrees to: Comply with the requirements of The Department’s (Arkansas Department of Education) regulations regarding financial management. Serve lunches, during the lunch period, which meet the minimum requirements prescribed in Sec. 210.10 or 210.10(a) whichever is applicable. (Lunch Meal Pattern requirements)

  17. School District (SFA/LEA)Agrees to: Serve breakfasts which meet the minimum requirements prescribed in Sec. 220.8 or 220.8(a), whichever is applicable, during a period designated as the breakfast period by the school Ref. Sec. 220.7(e)(2). (Breakfast Meal Pattern Requirements) Price the lunch and breakfast as a unit. (A set price for the meal, even if through Offer vs. Serve the student does not take all components offered)

  18. School District (SFA/LEA)Agrees to: Serve lunches/breakfasts free or at a reduced price to all children who are determined by the School Food Authority to be eligible for such meals under 7 CFR Part 245 Ref. Sec. 210.9(b)(7) and 220.7(e)(4). (Eligibility Manual for School Meals guidance published each school year – make sure using the current guidance) Claim reimbursement at the assigned rates only for reimbursable free, reduced price and paid meals to eligible children in accordance with the above mentioned regulations.

  19. School District (SFA/LEA)Agrees to: The school food authority official signing the claim shall be responsible for reviewing and analyzing meal counts to insure accuracy as specified in Sec. 210.8 governing claims for reimbursement. Failure to submit accurate claims will result in the recovery of an over-claim and may result in the withholding of payments, and/or suspension or termination of the program as specified in Sec. 210.25.

  20. School District (SFA/LEA)Agrees to: If failure to submit accurate claims reflects embezzlement, willful misapplication of funds, theft, or fraudulent activity, the penalties specified in Sec. 210.26 shall apply Ref. Sec. 210.9(b)(8) [fines, imprisonment] Count the number of free, reduced price and paid reimbursable meals served to eligible children at the point of service.

  21. School District (SFA/LEA)Agrees to: Submit Claims for Reimbursement in accordance with Secs. 210.8, 215.10 and 220.11, Ref. Secs. 210.9(b)(10), 215.7(d)(5) and 220.7(e)(7). THIS IS A VERY BIG DEAL…IF THE PERSON SIGNING THE CLAIM IS NOT LOOKING AT THE DOCUMENTATION TO SUPPORT THE CLAIM THERE IS A HUGE PROBLEM.

  22. School District (SFA/LEA)Agrees to: (Civil Rights) The program applicant hereby agrees that it will comply with: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), • Title IX of the Education Amendments 1972 (20 U.S.C. 1681 et seq.), • Section 504 of the Rehabilitation Act 1973 (29 U.S.C. 794), • The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), • All provisions required by the implementing regulations of the Department of Agriculture, Department of Justice Enforcement Guidelines, 28 CFR 50.3 and 42, and Food and Nutrition Services (FNS) directives and guidelines

  23. School District (SFA/LEA)Agrees to: (Civil Rights) …to the effect that, no person shall, on the grounds of race, color, national origin, sex, age or disability, be excluded from participation in, be denied benefits of, or otherwise be subject to discrimination under any program or activity for which the program applicant receives federal financial assistance from FNS; and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement” (7 CFR part 15).

  24. NEW USDA Policy Memo • There is NEW Policy Memo from USDA (SP 31-2015) published on March 20, 2015 titled: Guidance on Prohibition of Separation by Gender during Child Nutrition Program Meal Service. Expect a Commissioner’s Memo soon.

  25. SP 31-2015 • In general, SFAs participating in the Child Nutrition Programs are not permitted to separate children on any protected basis during the service of Program meals or snacks, in keeping with Federal non-discrimination laws and policies as outlined for the Department of Agriculture (USDA) programs in 7 CFR Parts 15, 15a, and 15b. Federal law prohibits discrimination based on gender at any educational institution receiving Federal assistance.

  26. School District (SFA/LEA)Agrees to: (Civil Rights) Child Nutrition Programs are prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (USDA changed the non-discrimination statement to be used by child nutrition programs beginning 2013-14 school year. The new statement includes information for ALL USDA programs. The child nutrition program DOES NOT observe ALL of the protected groups in the statement – only the ones listed above!!!)

  27. School District (SFA/LEA)Agrees to: (Civil Rights) The program applicant agrees to compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws… and permit authorized United States Department of Agriculture (USDA) personnel during normal working hours to review such records, books and accounts as needed to ascertain compliance with the nondiscrimination laws.

  28. School District (SFA/LEA)Agrees to: (Civil Rights) If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the program applicant and its successors, transferees and assignees, as long as they receive assistance or retain possession of any assistance from the Department.

  29. School District (SFA/LEA)Agrees to: (Civil Rights) Make no discrimination against any child because of his or her eligibility for free or reduced price meals in accordance with the approved Free and Reduced Price Policy Statement. (The Policy Statement is part of the Agreement and covers the Free and Reduced Price meal eligibility process, determinations, verification, etc.)

  30. School District (SFA/LEA)Agrees to: Enter into an agreement to receive donated foods as required by 7 CFR Part 250. Ref. Sec. 210.9(b)(13). (meaning: USDA Donated Foods or Commodities)

  31. School District (SFA/LEA)Agrees to: Maintain, in the storage, preparation and service of food, proper sanitation and health standards in conformance with all applicable State and local laws and regulations. Accept and use, in as large quantities as may be efficiently utilized in its nonprofit school food service, such foods as may be offered as a donation by the Department.

  32. School District (SFA/LEA)Agrees to: • Maintain necessary facilities for storing, preparing and serving food. Reference Sections 210.9(b)(16) and 220.7(e)(11).

  33. School District (SFA/LEA)Agrees to: Upon request, make all accounts and records pertaining to its school food service/milk program available to the State agency and to FNS, for audit or review, at a reasonable time and place. Such records shall be retained for a period of three years after the date of the final Claim for Reimbursement for the fiscal year to which they pertain, except that if audit findings have not been resolved, the records shall be retained beyond the three-year period as long as required for resolution of the issue raised by the audit. (Arkansas state law requires 5 year retention of records.)

  34. School District (SFA/LEA)Agrees to: Maintain files of currently approved and denied free and reduced price applications respectively, and the names of children approved for free lunch based on documentation certifying that the child is included in a household approved to receive benefits under the Supplemental Nutrition Assistance Program (SNAP). If applications are maintained at the school food authority level, they shall be readily retrievable by school. Ref. Sec. 210.9(b)(18).

  35. School District (SFA/LEA)Agrees to: Retain the individual applications for free and reduced price lunches/breakfasts/free milk/afterschool snacks submitted by families for a period of three years after the end of the fiscal year to which they pertain or as otherwise specified under paragraphs 210.9(b)(17), 215.7(d)(8) and 220.7(e)(14). (Arkansas law requires 5 year retention of records)

  36. School District (SFA/LEA)Agrees to: Federal requirement: Provide the State agency with a list of all schools under its jurisdiction in which 50 percent or more of enrolled children have been determined eligible for free or reduced price meals as of October 1st of each school year. Ref 210.9(b)(20). [Arkansas requires more detailed F/R information in the October 1 Cycle 2 Report] The program applicant hereby agrees that it will comply with the Drug-Free Workplace Act of 1988, Title V Subtitle D: and 7CFR Part 3017, Subpart F.

  37. School District (SFA/LEA)Agrees to: The program applicant hereby agrees to comply with USDA regulation requirement of implementation of a district “Wellness Policy”. The applicant has attached the Wellness Policy Declaration Page and either the completed “Wellness Policy Checklist”, the Checklist with attachments, or has attached the district’s approved Wellness Policy. Public Law 108-265.

  38. School District (SFA/LEA)Agrees to: The program applicant hereby agrees to implement a Food Safety Plan for all serving sites using as a reference Hazard Analysis Critical Control Points (HACCP) in compliance with Public Law 108-265. The program applicant hereby agrees to abide by The Final Rules Governing Child Nutrition Certification as described in Commissioner’s Memo IA-05-094. Ark. Code Ann. 20-7-134, 20-7-135.

  39. School District (SFA/LEA)Agrees to: The program applicant hereby agrees to use the Direct Certification information supplied by the Arkansas Department of Education to certify students listed as eligible for Free meal benefits. 7 CFR Part 245.6a, Part 25.11. The program applicant hereby agrees to have two health inspections at each serving site each school year. Public Law 108-265 amended Section 9 (h) of the Richard B. Russell National School Lunch Act.

  40. Special Milk Program The Special Milk Program (SMP) is only available to SFA/LEAs that DO NOT HAVE the School Breakfast Program (SBP) or the National School Lunch Program (NSLP). At this time all of the public schools in Arkansas have the SBP and NSLP, therefore are not eligible for the SMP.

  41. Afterschool Snack Afterschool Snack authority and regulations are part of 7 CFR 210 (the NSLP regulations), therefore the information about Afterschool Snack is included as part of the Original Agreement. For an SFA/LEA to use the Afterschool Snack program a Schedule B must be completed EACH SCHOOL YEAR to indicate which schools will be serving Afterschool Snacks. While the Schedule B is part of the Agreement it can be completed anytime during the school year the district decides to start using the program. Complete the Schedule B and submit to ADE CNU at least two weeks prior to beginning the snack meal service in order for approval to be received and claims to be paid.

  42. Afterschool Snack • The Afterschool Snack Program(s) is operated only by those school food authorities with eligible schools (as defined in Sec. 210.10(n)(1)) that elect to serve meal supplements during afterschool care programs shall agree to: • Serve meal supplements which meet the minimum requirements prescribed in Sec. 210.10; • Price the meal supplement as a unit; • Serve meal supplements free or at a reduced price to all children who are determined by the school food authority to be eligible for free or reduced price school meals under 7 CFR part 245;

  43. Afterschool Snack • If charging for meals, the charge for a reduced price meal supplement shall not exceed 15 cents; • Claim reimbursement at the assigned rates only for meal supplements served in accordance with the agreement; • Claim reimbursement for no more than one meal supplement per child per day;

  44. Afterschool Snack • Review each afterschool care program two times a year; the first review shall be made during the first four weeks that the school is in operation each school year, except that an afterschool care program operating year round shall be reviewed during the first four weeks of its initial year of operation, once more during its first year of operation, and twice each school year thereafter; and • Comply with all requirements of this part, except that, claims for reimbursement need not be based on “point of service” meal supplement counts (as required by Sec. 210.9(b)(9).

  45. Seamless Summer Option Seamless Summer Option authority and regulations are part of 7 CFR 210 (the NSLP regulations), therefore the information about Seamless Summer is included as part of the Original Agreement. For an SFA/LEA to use the Seamless Summer Option a Schedule C-xx must be completed EACH SCHOOL YEAR to indicate which schools will be serving Seamless Summer meals. While the Schedule C-xx is part of the Agreement it can be completed when the district decides to start using the program. Complete the Schedule C-xx and submit to ADE CNU at least two weeks prior to beginning the Seamless Summer Option meal service in order for approval to be received and claims to be paid.

  46. Seamless Summer Option A Commissioner’s Memo is published each spring to give SFA/LEAs information about summer meal options available. The Memo regarding summer meal options for the summer of 2015 is FIN-15-083. This memo explains the options SFA/LEAs have in providing meals to children during the summer when school is not in session. This memo gives comparison chart of reimbursement paid for all summer feeding options available. (ADE regular summer, ADE Seamless Summer, DHS Summer Food Service Program – SFSP)

  47. Seamless Summer Option This option combines features of the National School Lunch Program (NSLP), the School Breakfast Program (SBP), and the Summer Food Service Program (SFSP). The purpose of this option is to feed children in low- income areas during the summer months (or during extended breaks of a year-round school schedule). This option reduces paperwork and administrative burden that is normally associated with operating all three programs. The SFA/LEA will follow requirements, where applicable, in the NSLP and SBP regulations at 7 CFR Parts 210, 220 and 225 for this option.

  48. Seamless Summer Option The location and description of the option site, percentage of Free/Reduced price meals, type of site and method of advertisement are listed on Schedule C-xx Schedule C-15 is for Seamless Summer Option meals served in the summer of 2015. Schedule C-16 is for Seamless Summer Option meals served in the summer of 2016. Schedule C-xx – the “xx” is for the year the meals are being served.

  49. ADE & SFA Agree: • Agreement, Agreement Attachments, Policy Statement and Policy Statement Attachments, Schedules A, B, and C are part of the agreement. • Schools may be added or deleted as needed to the Schedule A, however must be approved by the Department. • ADE will notify District of changes in meal pattern or reimbursement. (For example: the lunch meal pattern changes that took effect for the 2012-13 school year and the breakfast meal pattern changes that took effect for the 2014-15 school year.)

  50. ADE & SFA Agree: 4. For the purpose of this Agreement, the following terms mean: Adult: A person who is not a student of high school grade or under in a school as defined in 210.2 Meals: Food served at a school under the indicated program(s) which meets the applicable nutritional requirements set forth in regulations. “Meals” mean breakfast, lunch, afterschool snack, or special milk, whichever is applicable. Nonprofit Food Service: All food service operations conducted by the school food authority principally for the benefit of school children, all revenue from which is solely for the operation or improvement of such food service. Ref. 210.2.

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