C

Catering

Catering is a situation when food is made available by the LEA for a single event or special purpose. Catering to civic clubs or associations may be provided according to the policy of the district, but care should be taken to avoid competition with local businesses. Charges must cover all costs, not just the regular adult price of the food to employees or authorized visitors on business at school. It is necessary to keep a record of such meals. The appropriate amount of state and/or city sales taxes must also be collected.

Preparing meals which are served to school-related student groups outside of lunchtime is bound by the same restrictions that govern catering to civic clubs or associations. No reimbursement may be claimed, and the full cost of preparing the meal must be covered by charges to the customer.

Catering may include meals prepared on a sustained basis by a school which are not claimed for reimbursement. These meals may be prepared for senior citizens, Head Start programs, private schools, or CACFP participants. A clear, auditable trail is necessary to track costs which must be separated from the NSLP/SBP. It is recommended that a separate Food Production Record form be used.

Charter Schools

Charter schools may operate any of the programs as independent LEAs. Another LEA may also sponsor a charter school. By state law, charter schools are deemed to be public schools.

Children with Disabilities

See Accommodating Children with Special Dietary Needs in the School Nutrition Programs in Supplementary Materials.

Children's Health Insurance Program (CHIP)

See Eligibility Guidance for School Meals in Supplementary Materials.

Civil Rights Complaint Handling Procedures

Civil rights complaints are written or verbal allegations of discrimination based on race, color, national origin, age, sex, or disability. Any person claiming discrimination has a right to file a complaint within 180 days of the alleged discrimination. A civil rights complaint based on race, color, national origin, or age may be received at the individual school level, but it must be forwarded through the SA to the USDA Regional Office. The regional office then forwards the complaint to the Civil Rights Division. Complaints of discrimination based on sex or disability must be forwarded to the SA for investigation and disposition.

All complaints, whether written or verbal, must be accepted by the LEA and forwarded to the SA. An anonymous complaint should be handled the same way as any other. Complaint forms may be developed, but their use cannot be required. If the complainant makes the allegations verbally or in a telephone conversation and is reluctant or refuses to put them in writing, the person who handles the complaint must write up the description.

There must be enough information to identify the agency or individual toward which the complaint is directed and indicate the possibility of a violation. Every effort should be made to obtain at least the following information:

  • Name, address and telephone number or other means of contacting the complainant.
  • The specific location and name of the organization delivering the program service or benefit.
  • The nature of the incident(s) or action(s) that led the complainant to feel there was discrimination.
  • The basis on which the complainant feels discrimination occurred (race, color, national origin, age, sex, or disability).
  • The names, titles, and addresses of people who may have knowledge of the discriminatory action(s).
  • The date(s) when the alleged discriminatory action(s) occurred or, if continuing, the duration of such action(s).

Civil Rights Compliance

A variety of laws protect the civil rights of various categories of people and prevent discrimination against them. These laws require that federal assistance programs be operated so no one is discriminated against on the basis of specific characteristics.

The pertinent laws include the Civil Rights Act of 1964, Title VI (discrimination because of race, color, or national origin); the Education Amendments of 1972, Title IX (discrimination based on sex); the Rehabilitation Act of 1973, Section 504, and the Americans with Disabilities Act of 1994 (discrimination because of disability); and the Age Discrimination Act of 1975 (discrimination on the basis of age).

The LEA must retain a description of its civil rights compliance program, which must contain at least these elements:

  • Public notification program.
  • Data collection and reporting system.
  • Compliance reviews.
  • Complaint handling procedures.
  • Resolution of noncompliance issues.

Civil Rights Compliance Reviews

The SA will conduct civil rights compliance reviews before awarding funding as part of the ongoing monitoring process required by program regulations and on other occasions as necessary. LEAs should conduct similar compliance reviews in sites they sponsor (see the LEA Site Monitoring forms in Supplementary Materials). There are several types of compliance reviews.

Pre-Award Compliance Review. The SA and LEA will perform a pre-award desk review of previously unfunded program applicants to determine compliance with the civil rights laws. It may be particularly important for a LEA to conduct this review of any institution with which it expects to contract for preparation, delivery, or service of meals. If an institution is found to be out of compliance, the SA or LEA may not enter into the proposed contract. Information required to be submitted as part of the application includes:

  • Copies of free and reduced-price meal policy statements, letters to parents, public press releases, and any other materials used to publicize program availability and nondiscrimination requirements.
  • Estimated data on the racial/ethnic makeup of the applicant organization's or site's program service area and enrollment.
  • A description of membership requirements for admission to the institution, if applicable.
  • The names of other federal agencies providing assistance to the organization, and whether the applicant has ever been found out of compliance by those agencies.

Local Compliance Review. LEAs must ensure that schools in which they operate programs meet civil rights requirements. Reviews must be conducted as part of ongoing management and administration. At a minimum, local reviews will examine whether:

  • Communication to the public and potential beneficiaries includes the nondiscrimination statement and information on where a complaint can be filed.
  • Any complaints received have been forwarded to the SA.
  • The nondiscrimination poster is displayed in a prominent place in the food service area.
  • Program information is made available to the public, and how that occurs.
  • There is a need for program information in languages other than English, and how the need is being met.
  • Data are maintained on approved and denied free and reduced-price applications by racial/ethnic category.

Regular Compliance Review. Within one year following application approval and regularly thereafter, the SA will include civil rights compliance reviews in its continuing monitoring of all LEAs. When a review of an LEA is performed, the questions listed below will be investigated as a minimum. LEAs must do similar compliance reviews in sites they sponsor.

  • Are approved and denied free and reduced-price applications maintained on file?
  • Do denied free and reduced-price applications come disproportionately from minorities?
  • Is there a need for bilingual material or staff? If the need exists, how is it being addressed?
  • What procedures are used to determine and process civil rights complaints?
  • Do admission procedures restrict enrollment of minorities or other protected classes?
  • Is the USDA poster (or an FNS-approved alternate) prominently displayed?
  • Do free and reduced-price application letters provided to parents or guardians of participants and potential participants contain the nondiscrimination statement and the procedure for filing a complaint?

If noncompliance is found in any area, the LEA must take corrective action. Contact the SA if compliance is not met.

Special Compliance Review. On occasion, special compliance reviews will be necessary. Such reviews will be conducted when:

  • Available information indicates a need for in-depth examination of program activities or procedures at a specific LEA or site.
  • Statistical data indicate that a particular minority or other protected group is not participating in or benefitting from the program to an extent indicated by the potentially eligible population.
  • Reports of noncompliance made by other federal agencies need to be substantiated.
  • Follow-up on findings of previous special reviews is needed to obtain additional information.
  • Patterns of complaints of discrimination have developed.

Special compliance reviews may be conducted by either state or federal agency personnel or jointly, and they may be unannounced.

Civil Rights Compliance Data Collection and Reporting

The LEA must develop a method for collecting and reporting data on the actual number of children applying for free and reduced-price meals by racial/ethnic category. The data may be collected by a school official through observation or personal knowledge or by voluntary self-identification by the applicant on the free and reduced-price application form. The information must be kept on file for three years after the current year. Procedures must be established to ensure that the information is made available only to authorized state and federal officials during reviews or as part of surveys approved by the U.S. Office of Management and Budget.

Civil Rights Noncompliance Issues Resolution

Probable noncompliance is a factual finding, based on a review or other monitoring process, that certain civil rights requirements are not being met by an individual or agency. Once probable noncompliance is found, steps must be taken immediately to obtain voluntary compliance. If corrective action has not been completed within 60 days of the finding, a noncompliance report must be submitted through the USDA Regional Office to the Civil Rights Division (or through the SA if locally identified). Continued noncompliance may result in legal action.

Specific examples of discrimination and noncompliance with civil rights laws include:

  • Exclusion of children from participation in school nutrition programs on the basis of race, color, national origin, age, sex, or disability.
  • Disparate distribution of benefits and services to participants in programs.
  • Differential treatment of a participant or group of participants on the basis of race, color, national origin, age, sex, or disability in determining whether admission policies, enrollment, quota, membership, or other requirements of a program have been met.
  • Separation of persons by different meal periods, seating arrangements, or way food is served because of race, color, national origin, age, sex, or disability.
  • Failure to apply the same eligibility criteria for free or reduced-price meals or milk to all persons attending schools within a LEA.

Civil Rights Poster Display

At all food service sites, the nondiscrimination poster developed by the USDA, or an alternative approved by the FNS, must be displayed in a prominent place, visible to the public. Additional copies of the poster are available from the SA.

Civil Rights Public Notification Program

Each LEA or other program agency has specific responsibilities with respect to public information about its program. Parents or guardians of students in schools participating in the programs and local minority and grassroots organizations must be informed of the availability of program benefits and services, the nondiscrimination policy, and all significant changes in existing requirements that pertain to program eligibility and benefits.

Grassroots organizations are defined as any of those at the local level which interact with potential participants, such as community programs, civic organizations, migrant groups, churches, neighborhood councils, local chapters of the NAACP or JACL, or similar groups.

The LEA must also make available to the public, and to participants and potential participants in the program upon request, information about program requirements and the procedures for filing a discrimination complaint in English and/or the appropriate language if the people do not speak English.

All forms of communication and printed program information, including the free and reduced-price notification letters and public press releases, must include the following statement:

  • In accordance with federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability.
  • To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.
If the material is too small to permit the full statement to be included, the material will at a minimum include this statement, in print no smaller than the text:
  • This institution is an equal opportunity provider.

Claims and Reports

Claim for Reimbursement. Form SOE-25-2562-39/07/00 is the CNP Claim for Reimbursement form. It must be completed and submitted to the SA on or before the fourth working day of the month following the month being claimed. A copy of the form, a sample completed form, and complete instructions for filling out the form are included in the Policy Materials manual.

Amended Claims. During the course of the school year, it may be necessary to revise a previously submitted claim. A copy of the original claim is retained by the LEA. There are spaces on the claim form to enter amended figures opposite the original ones. In these spaces, enter the figures which will correct the claim; for example, if the original claimed 100 meals and the correct figure is 105 meals, line through the incorrect material and write the correct number in the amendment space in bold colors. Write "amendment" on top of the claim form. This amended copy of the claim form should then be re-signed, re-dated, and resubmitted to the SA. The LEA should retain a file copy.

Claim revisions that result in additional reimbursement (increases in the number of meals claimed) must be received by the SA within 90 days after the end of the month being amended. Downward amendments may be submitted anytime.

The SA may grant an exception for an upward-amended claim which exceeds the 90-day required period. A formal request must be made to the SA for this one-time-only exception which will be forwarded to the USDA Regional Office. This formal request must address the problem contributing to the lateness of the amendment and outline the actions to be taken to avoid future late amended claims. The decision to grant the exception for a late amended claim can only be made by the USDA Regional Office, based on the acceptability of the Corrective Action Plan (CAP).

Late Claims. Institutions must submit original claims to the SA within 60 calendar days following the month to be claimed to be eligible for reimbursement. The SA may grant an exception for a claim which exceeds the 60-day period. A formal request must be made for this exception which is available only once every three years. To receive the exception, the LEA must submit an acceptable corrective action plan (CAP) to the SA. The plan must address the problem contributing to the lateness and outline the actions to be taken to avoid future late claims. The decision to grant the exception will be made by the SA based on the plan's acceptability.

Competitive Food Service

Competitive food means any food sold which is not part of the reimbursable meal. Prohibited competitive foods are called "foods of minimal nutritional value" and may not be sold in the meal service or dining areas until after the end of the breakfast or lunch period. Competitive foods which are not foods of minimum nutritional value may be sold during meal periods. Income from the sale of allowed competitive foods must accrue to the nonprofit food service, the school, or approved student organizations.

It is the school's responsibility to know what items are prohibited from being sold and to monitor compliance with the regulation. Violations may jeopardize the receipt of federal and state funds and USDA commodities. Schools in violation of the regulations will have all reimbursements denied for the day of the offense. Repeated violations will be deemed an administrative deficiency, and appropriate corrective action must be taken by the LEA to maintain program participation. (See Foods of Minimal Nutritional Value.)

Coordinated Review Effort

The Coordinated Review Effort (CRE) is a unified federal and state administrative review procedure. The SA must conduct a CRE in each LEA at least once every five years. The CRE examines "general areas" and two "performance standards."

General Areas of Review. The general areas of review may include the following:

  • Free and reduced-price application processing and verification
  • Food production records (food quantities)
  • Competitive foods
  • Nonprofit school food service
  • Civil rights
  • Procurement practices
  • Food service management companies
  • Monitoring responsibilities
  • Reporting
  • Record keeping

Performance Standard I (Certification, Counting, Claiming, Consolidating). All free, reduced-price, and paid meals claimed for reimbursement must be served only to children eligible for each type, and they must be counted, recorded, consolidated, and reported through a system which consistently yields correct figures.

A follow-up review is required when a specified number of schools in a LEA have an inadequate system for certifying, counting, claiming, and consolidating, or when a school has an inadequate system (10 percent or more, but not less than 100, of the free and reduced-price meals are claimed incorrectly).

Performance Standard II (Meal Components). Meals claimed for reimbursement within the LEA contain food items required by program regulations. A follow-up review is required if 10 percent or more of the total number of meals observed are missing one or more of the required food components.

Corrective Action. Errors found during a review require corrective action by the LEA and may require fiscal action by the SA. Where the errors exceed the review threshold of one or more of the performance standards, a formal corrective action plan (CAP) must be developed by the LEA and submitted to the SA within a specified time for approval. It is the responsibility of the LEA to contact the SA for further clarification if the cited facts are not accurate, errors are not identified clearly, or assistance is needed to complete the CAP.

The CAP must indicate how the deficiencies will be corrected and propose a specific schedule. The appropriate fiscal adjustment will be made after the LEA completes corrective action and submits documentation to the SA.

Follow-Up Review. LEAs that have exceeded the review threshold require a follow up visit. New sites may be selected to obtain the required number for a follow-up review. If a performance standard violation that was not noted previously is found during a follow-up review, the SA must document it and take corrective and fiscal action. If the violation exceeds the review threshold, a new CAP must be developed, and another follow-up review will be conducted.

Procedures. LEAs will be notified of a tentative review date. Schools selected for review will generally be scheduled at one per day. If the LEA is large, an SA team may conduct the review to reduce the time needed. When notified of a review, LEA officials should arrange to have all records and other documents available for examination and all appropriate personnel on hand for interviews.

Site Selection. Sites are selected for review based on the average number of free daily meals served and a free participation percentage. Other sites may be selected due to perceived problems or other SA criteria.