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A La Carte Sales

A la carte sales cover those food items sold in addition to the unitized, reimbursable meal during regular meal service. If a school provides an a la carte service, any combination of food which includes the required elements of the reimbursable school meal may be sold at the unit price and claimed for reimbursement. If, under offer versus serve, a student chooses less than the required number of food components, a la carte prices should be charged. Also, if additional foods which are not planned and merchandised as part of the reimbursable meal are offered (see Competitive Food Service), they must be sold at the a la carte price. A la carte prices should cover the total cost of each item. The total charges for individual menu items in any combination should never be less than the price for a reimbursable meal as a unit.
A la carte records must be maintained separately. It is necessary to show:

  • The determination of the sale price (including cost to produce).
  • The tracking of food, including removal from inventory (separate from reimbursable meals).
  • The number of items prepared and sold daily.
  • The amount of money collected.

Adult Meals

Adult meals are not eligible for federal or state reimbursement, and income from such meals must accrue to the food service program. For economy and to avoid student payments being used to reduce the price to adults, adults should be offered the same menu(s) as children.

Program Adults. Meals served to adults directly involved in the administration and operation of the program may, at the discretion of the LEA, be furnished without charge. In this case, meal cost may be attributed to program operation and supported by revenues to the program. The determination of which individuals to include and what portion of their services to attribute to program operation is left to state and local officials.

Nonprogram Adults. The cost of meals served to adults not directly involved in the operation of the food service program may not be financed by children's payments, state or federal reimbursements, or USDA commodities. Costs must be offset by adult payments or revenue from other sources.

While school and district staff and official visitors may participate in the meal service, it is clearly not the intent of the programs to include adults in food service. Nonprogram adults eligible to buy a school lunch include district and school employees, official visitors in the school during lunchtime, and parents who are at school on official business or invited to come during special activities such as National School Lunch Week.

Nonprogram adults who may not have school lunch include regular delivery or pick-up personnel; friends, spouses, or other relatives of school or district employees (unless they are in the school on official business); and construction workers.

Adult Prices. The price of adult meals is set by the district, must be sufficient to cover the full cost of the meal, and must equal or exceed the highest child's reimbursement, including the value of any USDA-donated foods and state support. Adult portions should be specific and consistent throughout the district. The regular price entitles an adult to a portion planned for a high school student. If larger or double portions are served, the price must increase proportionately. Payment must be received for all food consumed. Leftover food should not be offered to adults without proper payment, and records must be maintained.

All adults in a district should pay the same price for the full meal. If special services are provided to adults, the additional cost should be recovered. If adults wish to choose only parts of the lunch offered to children, the charges should cover the full cost of the selected items, including labor and the value of any commodities.

Income is anticipated from all meals served to nonprogram adults, and auditable records must be available. Any reduction of price to adults must be made up from other district funds.

After School "At Risk" Snack Program

The National School Lunch Program (NSLP) offers cash reimbursement to help schools serve snacks to children in after school activities aimed at promoting the health and well being of children and youth in our communities. A school must provide children with regularly scheduled activities in an organized, structured and supervised environment, and include educational or enrichment activities (e.g., mentoring or tutoring programs). Competitive interscholastic sports teams are not an eligible after school program. The programs must meet state or local licensing requirements, if any, and state or local health and safety standards. All programs that meet the eligibility requirements that participate in NSLP may receive USDA reimbursement for after school snacks.

In order to be reimbursed, the snacks must contain at least two different components of the following four: a serving of fluid milk; a serving of meat or meat alternate; a serving of vegetable(s) or fruit(s) or full strength vegetable or fruit juice; a serving of whole grain or enriched bread or bread alternate or cereal. An after school care program site is "area eligible" if it is located at a school or in the attendance area of a school where at least 50 percent of the enrolled children are eligible for free or reduced-price meals. For example, if a high school with less than 50 percent free or reduced-price school enrollment is located in the attendance area of a middle school that has 50 percent or more of the enrolled children eligible for free or reduced-price meals, then the after-school care program located in the high school would be area eligible.

Snacks served in after-school care programs that are "area eligible" will be reimbursed at the free rate, regardless of an individual student's eligibility for free or reduced-price lunches. Snacks served in after-school care programs that are not area eligible will be reimbursed at the free, reduced-price or paid rate depending on each individual's eligibility for free or reduced-price meals based on Income Eligibility Forms (IEFs). Reimbursement rates are announced each year in July. (See ASSP Administrative Manual.)

Age for Participation in School Food Programs

There is no age restriction for participation in meal programs as long as students are enrolled in day school and working toward graduation or a GED (not just upgrading skills). Participation in the SMP is limited to those under age 19. In a case where mentally or physically disabled students are participating in a school program, there is no age limit. In RCCIs, eligible children must be 21 years of age or less.

Alternate Protein Products (APP)

The term "alternate protein product" (APP) is the name used by FNS to identify products meeting requirements set forth in Appendix A of the NSLP, SBP, SFSP and CACFP regulations. An APP is required to be processed so that some portion of the non-protein constituents of the food is removed, to have a biological quality at least 80% that of casein, and to contain at least 18% protein by weight when fully hydrated or formulated. These requirements only pertain to LEAs using the Food-Based menu planning systems. If the LEA uses a Food-Based menu planning system and wishes to include APP in the menus, they should contact the SA for further information regarding their use.

Appeal Procedures for School Food Authorities

The SA has adopted a fair hearing procedure by which an LEA can appeal a decision made by the USOE to deny all or a part of claim or to withhold payment due to findings of a CRE review or followup review.

Before initiating the appeal procedure, the State Agency (SA), the LEA's supervisor/director, or other authorized officials may request a conference to provide an opportunity to discuss the situation, present information, obtain an explanation of relevant data, and clarify the decision rendered. Such a conference will not in any way prejudice nor diminish the right to a fair hearing.

The following procedures will apply if an appeal is pursued:

  • The LEA will be advised in writing of the grounds on which the SA has based its action. The notice of action will be sent by certified mail, return receipt requested, and will also include a full description of the LEA's rights and responsibilities.
  • The written request for review must be filed not later than 15 calendar days from the date the appellant receives the notice of action, and the SA will acknowledge the receipt of the request for appeal within 10 calendar days.
  • The appellant may refute the charges contained in the notice of action. In order to be considered, written documentation must be filed with the review official not later than 30 calendar days after the appellant receives the notice of action.
  • The appellant may retain legal counsel or be represented by another person. A hearing will be held by the review official in addition to, or in lieu of, a review of the written information submitted only if the appellant requests one in the letter. Failure of the appellant or a representative to appear at a scheduled hearing will constitute waiver of the right to a personal appearance before the review official unless the official agrees to reschedule the hearing.
  • If a hearing has been requested, the appellant will be provided with at least 10 calendar days' advance written notice, sent by certified mail, return receipt requested, of the time and place of the hearing.
  • Any information on which the SA's action was based will be available to the appellant for inspection from the date of receipt of the request for review.
  • The review official must be independent and impartial and not accountable to any person authorized to make decisions subject to appeal under these provisions.
  • The review official will make a determination based on information provided by the SA, the appellant, and program regulations. The review official will inform the SA and the appellant of the determination within 60 calendar days of the SA's receipt of the review request.
  • The SA's action will remain in effect during the appeal procedure.
  • The decision by the state review official is the final administrative determination afforded to the appellant.