Attachment G Eligibility Manual for School Meals

July 2015

Eligibility Manual
for School Meals
Determining and Verifying Eligibility

Child Nutrition Programs
FOOD AND NUTRITION SERVICE, USDA

In accordance with Federal law and U.S. Department of Agriculture policy, participating
institutions are prohibited from discrimination on the bases of race, color, national origin, sex,
age, or disability.
The U.S Department of Agriculture prohibits discrimination against its customers, employees,
and applicants for employment on the bases of race, color, national origin, age, disability, sex,
gender identity, religion, reprisal, and where applicable, political beliefs, marital status,
familial or parental status, sexual orientation, or all or part of an individual's income is derived
from any public assistance program, or protected genetic information in employment or in
any program or activity conducted or funded by the Department. (Not all prohibited bases
will apply to all programs and/or employment activities.)
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA
Program Discrimination Complaint Form, found at
http://www.ascr.usda.gov/complaint_filing_cust.html or at any USDA office, or call (866) 6329992 to request the form. You may also write a letter containing all of the information
requested in the form. Send your completed complaint form or letter to us by mail at U.S.
Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue,
S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or e-mail at
[email protected].
Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA
through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an
equal opportunity provider and employer.

July 2015

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Contents
ABOUT THIS GUIDANCE............................................................................................................................. 6
A.

KEY TERMS..................................................................................................................................... 7

B.

STATUTORY AND REGULATORY AUTHORITY............................................................................... 12

C.

ADMINISTRATION OF THE PROGRAMS ....................................................................................... 13

D.

RESOURCES.................................................................................................................................. 13

OVERVIEW OF THE SCHOOL MEAL PROGRAMS ...................................................................................... 14
A.

GENERAL REQUIREMENTS........................................................................................................... 14

B.

POLICY STATEMENTS ................................................................................................................... 14
SCHOOL MEAL PROGRAMS ............................................................................................................. 14
SPECIAL MILK PROGRAM................................................................................................................. 14
ADDRESSING OVERT IDENTIFICATION............................................................................................. 14

C.

PUBLIC OUTREACH REQUIREMENTS ........................................................................................... 15
PUBLIC MEDIA RELEASE .................................................................................................................. 15
ISSUANCE......................................................................................................................................... 16
INFORMATION LETTERS TO HOUSEHOLDS ..................................................................................... 16
INFORMATION LETTERS FOR LATE ENROLLMENTS ......................................................................... 16

CHAPTER 1: THE APPLICATION ............................................................................................................... 20
A.

APPLICATION DESIGN .................................................................................................................. 20
NEW FNS PROTOTYPE APPLICATION ............................................................................................... 20
HOUSEHOLD APPLICATIONS ............................................................................................................ 20
FAMILY FRIENDLY APPLICATION...................................................................................................... 21
FOREIGN LANGUAGE TRANSLATIONS ............................................................................................. 22
PAPER APPLICATIONS ...................................................................................................................... 23
ELECTRONIC AND SCANNED APPLICATIONS ................................................................................... 23
COMPUTER OR WEB-BASED APPLICATIONS ................................................................................... 23
APPLICATIONS FOR RESIDENTS OF RCCIS........................................................................................ 24

B.

APPLICATION CONTENT .............................................................................................................. 24
REQUIRED INFORMATION ............................................................................................................... 25
PREVENTING OVERT IDENTIFICATION OF DIRECTLY CERTIFIED CHILDREN..................................... 26
CITIZENSHIP AND LEGAL STATUS .................................................................................................... 27
INDICATION OF “NO INCOME” ........................................................................................................ 27

CHAPTER 2: DETERMINING ELIGIBILITY ................................................................................................. 28
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A.

APPLICATIONS WITH HOUSEHOLD SIZE AND INCOME ............................................................... 28
DETERMINING HOUSEHOLD COMPOSITION ................................................................................... 28
SPECIAL SITUATIONS FOR DETERMINING HOUSEHOLD COMPOSITION ......................................... 29
DETERMINING HOUSEHOLD REPORTABLE INCOME ....................................................................... 31
DETERMINING CURRENT HOUSEHOLD INCOME............................................................................. 32
SPECIAL SITUATIONS FOR DETERMINING CURRENT HOUSEHOLD INCOME ................................... 33
INCOME EXCLUSIONS ...................................................................................................................... 35
IN-KIND BENEFITS ............................................................................................................................ 36

B.

APPLICATIONS FOR CATEGORICAL ELIGIBILITY ........................................................................... 38
ASSISTANCE PROGRAM HOUSEHOLDS ........................................................................................... 38
OTHER SOURCE CATEGORICALLY ELIGIBLE HOUSEHOLDS .............................................................. 39
OTHER SOURCE CATEGORICALLY ELIGIBLE PROGRAMS ................................................................. 40
ELIGIBLE HOUSEHOLDS THAT HAVE NOT APPLIED ......................................................................... 44
EXPIRATION OF CATEGORICAL ELIGIBILITY ..................................................................................... 44

C.

DIRECT CERTIFICATION FOR ASSISTANCE PROGRAMS................................................................ 44
MANDATORY DIRECT CERTIFICATION WITH SNAP ......................................................................... 45
DIRECT CERTIFICATION WITH TANF AND FDPIR.............................................................................. 47
REQUIRED DOCUMENTATION FOR ALL DIRECT CERTIFICATION OPTIONS ..................................... 47
NOTIFICATION OF ELIGIBILITY ESTABLISHED THROUGH DIRECT CERTIFICATION ........................... 47

CHAPTER 3: PROCESSING APPLICATIONS............................................................................................. 49
A.

DETERMINING COMPLETE APPLICATIONS .................................................................................. 49
COMPLETE INCOME AND HOUSEHOLD SIZE APPLICATION ............................................................ 49
COMPLETE ASSISTANCE PROGRAM APPLICATION .......................................................................... 50
COMPLETE OTHER SOURCE CATEGORICAL ELIGIBILITY (EXCEPT FOSTER CHILDREN) APPLICATION
......................................................................................................................................................... 50
COMPLETE FOSTER CHILD APPLICATION......................................................................................... 50
COMPLETE APPLICATIONS WITH DIFFERENT TYPES OF ELIGIBILITY ............................................... 51

B.

REVIEWING APPLICATIONS ......................................................................................................... 51
APPLICATION PROCESSING TIMEFRAME......................................................................................... 51
INCOME REPORTING ....................................................................................................................... 52
DETERMINING ELIGIBILITY FOR APPLICATIONS............................................................................... 54
INDEPENDENT REVIEW OF APPLICATIONS ...................................................................................... 55

C.

APPROVED APPLICATIONS .......................................................................................................... 56
DELIVERY OF BENEFITS .................................................................................................................... 57
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FLEXIBILITY IN DETERMINING THE EFFECTIVE DATE FOR CHILDREN RECEIVING FREE OR REDUCED
PRICE BENEFITS ............................................................................................................................... 57
DURATION OF ELIGIBILITY ............................................................................................................... 58
CARRYOVER OF PREVIOUS YEAR’S ELIGIBILITY ............................................................................... 59
TRANSFERRING ELIGIBILITY ............................................................................................................. 60
CHANGE IN HOUSEHOLD CIRCUMSTANCES .................................................................................... 61
D.

DENIED APPLICATIONS ................................................................................................................ 62

E.

APPEALS AND HEARING PROCEDURES ........................................................................................ 62
NOTICE OF ADVERSE ACTION .......................................................................................................... 63
BENEFITS DURING AN APPEAL ........................................................................................................ 64

CHAPTER 4: VERIFICATION ..................................................................................................................... 65
A.

VERIFICATION OVERVIEW ........................................................................................................... 65
KEY VERIFICATION TERMS ............................................................................................................... 66
INITIAL VERIFICATION...................................................................................................................... 66
VERIFICATION FOR CAUSE ............................................................................................................... 67

B.

APPLICATION SELECTION PROCEDURES ...................................................................................... 69
AVAILABLE SAMPLE SIZES................................................................................................................ 69
COMPLETING THE SAMPLE SIZE ...................................................................................................... 69
QUALIFYING TO USE AN ALTERNATE SAMPLE SIZE ......................................................................... 70
CONTINUING ELIGIBILITY FOR USE OF AN ALTERNATE SAMPLE SIZE ............................................. 71
POST SELECTION PROCEDURES ....................................................................................................... 71
REPLACING APPLICATIONS .............................................................................................................. 72
HOUSEHOLD NOTIFICATION OF SELECTION.................................................................................... 72

C.

SOURCES FOR VERIFICATION ...................................................................................................... 73
WRITTEN EVIDENCE......................................................................................................................... 73
COLLATERAL CONTACTS .................................................................................................................. 74
AGENCY RECORDS ........................................................................................................................... 75
WHEN A HOUSEHOLD PROVIDES PAY STUBS .................................................................................. 75
WHEN A HOUSEHOLD INDICATES NO INCOME............................................................................... 75

D.

DIRECT VERIFICATION ................................................................................................................. 75
NAMES SUBMITTED FOR DIRECT VERIFICATION ............................................................................. 76
DIRECT VERIFICATION WITH ASSISTANCE PROGRAMS ................................................................... 76
DOCUMENTATION TIMEFRAME ...................................................................................................... 77
INCOMPLETE OR INCONSISTENT INFORMATION ............................................................................ 77
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E.

CONTINUING THE VERIFICATION PROCESS ................................................................................. 78
FOLLOW-UP ..................................................................................................................................... 78
WHEN VERIFICATION IS CONSIDERED COMPLETE .......................................................................... 79

CHAPTER 5: CONFIDENTIALITY AND DISCLOSURE ................................................................................ 80
A.

OVERVIEW ................................................................................................................................... 80

B.

CONFIDENTIALITY REQUIREMENTS ............................................................................................. 81
PREVENTING OVERT IDENTIFICATION ............................................................................................. 81
AGGREGATE DATA ........................................................................................................................... 82
DISCLOSURE CHART......................................................................................................................... 82
“NEED TO KNOW” ........................................................................................................................... 83
DISCLOSURES THAT REQUIRE PARENTAL NOTIFICATION ............................................................... 86
DISCLOSURES THAT REQUIRE PARENTAL CONSENT ....................................................................... 86
AGREEMENTS AND MEMORANDA OF UNDERSTANDING ............................................................... 88
PENALTIES FOR IMPROPER DISCLOSURE ........................................................................................ 89

CHAPTER 6: RECORD RETENTION ........................................................................................................... 90
A.

CERTIFICATION DOCUMENTS ...................................................................................................... 90
DIRECT CERTIFICATION DOCUMENTS ............................................................................................. 90
SPECIAL PROVISION CERTIFICATION DOCUMENTS ......................................................................... 90

B.

VERIFICATION DOCUMENTS........................................................................................................ 91
INDIVIDUAL APPLICATIONS ............................................................................................................. 91

APPENDICES ............................................................................................................................................ 93
APPENDIX A: POLICY STATEMENT ....................................................................................................... 93
AMENDMENTS ................................................................................................................................ 94
LEAs OPERATING THE SPECIAL MILK PROGRAM ............................................................................. 94
APPENDIX B: PROTOTYPE APPLICATION ............................................................................................. 95
APPENDIX C: PROTOTYPE AGREEMENT .............................................................................................. 96
DISCLOSURE OF FREE AND REDUCED PRICE INFORMATION .......................................................... 96

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ABOUT THIS GUIDANCE
Millions of children across the nation participate in Child Nutrition Programs, each day,
receiving benefits that make an important contribution to their overall nutrition. Eligibility
Manual for School Meals provides comprehensive information on Federal requirements to
help State and local education agencies accurately determine, certify, and verify children’s
eligibility for free and reduced price school meals and free milk.
The Food and Nutrition Service (FNS) understands that emphasizing flexibility in how
programs are operated, with strong accountability for outcomes, eases access for eligible
families, while reducing paperwork and administrative errors in schools. It is critical that State
and local policies and procedures support schools and encourage effective methods, including
direct certification and direct verification, to enroll children who currently qualify for free and
reduced price benefits, but are not participating.
This manual explains the basic requirements that must be addressed by State and local
agencies in modernizing the requests for benefits, simplifying the review of applications, and
properly determining and confirming eligibility. The information provides practical guidance
to assist State and local agencies in establishing free and reduced price school meal and free
milk policies and procedures that are effective, increase Program integrity, and reduce
administrative burden, without compromising access for families in need.
The chapters of this manual highlight:
 Application design and processing,
 Determining income eligibility,
 Determining categorical eligibility,
 Direct certification methods,
 Verification procedures and sources,
 Confidentiality and disclosure, and
 Recordkeeping
Although the requirements outlined in this manual are directed at local education agencies
and school food authorities, there is information for operators of other Child Nutrition
Programs that is useful when eligibility for individual children or adult participants must be
established. The sections of this manual on income eligibility, categorical eligibility,
confidentiality, and disclosure provide guidance that may also be applied to the Child and
Adult Care Food Program and Summer Food Service Program.

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This edition replaces the manual issued in August 2014. FNS’ goal is to issue annual guidance
to ensure that all Child Nutrition Program agencies will have current policy information to
begin the application and certification process at the start of each school year.
Local education agencies and other Child Nutrition Program participants should contact the
appropriate State agency for additional guidance. State agencies should direct questions to
the appropriate FNS Regional Office.

A. KEY TERMS
ASSISTANCE PROGRAMS: Receipt of benefits by any household member from certain
Assistance Programs conveys categorical (automatic) eligibility for free school meals to all
children in the household. The determination is made through direct certification for
Assistance Programs or through an application with appropriate case numbers. The
Assistance Programs are:
 Supplemental Nutrition Assistance Program (SNAP)
 Food Distribution Program on Indian Reservations (FDPIR)
 Temporary Assistance for Needy Families (TANF)
AUTOMATED DATA MATCHING: The most common direct certification method used to
directly certify students. Matches are made between student enrollment records and
benefit recipient records from Assistance Programs (SNAP, TANF, or FDPIR), foster care
agencies, or other appropriate State or local agencies to establish categorical eligibility
(Head Start, Migrant Education Program, and runaway and homeless programs). There are
two common automated data matching processes:
1. Local or LEA-level: The State agency distributes SNAP, TANF, foster care, and
other relevant data to the LEA and the LEA matches the data to the children’s
enrollment records; or
2. State or central-level matching: The State agency is responsible for a system that
matches a list of children enrolled in schools in the NSLP with a list of children
receiving SNAP benefits, and then provides relevant information to the LEA to
process at the local level.
CARRYOVER OF ELIGIBILITY: A child’s eligibility from the previous school year, carried into
the current school year for up to 30 operating days, beginning on the first operating day of
school.
CATEGORICAL ELIGIBILITY: Children automatically eligible for free meals or free milk
because they, or any household member, receive benefits under Assistance Programs; or
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they are designated as members of Other Source Categorically Eligible Programs. There
are two ways children may be classified as categorically eligible:
1. Participation in Assistance Programs: A child or any member of the household
receives benefits from SNAP, FDPIR, or TANF, as determined either through direct
certification or an application with the appropriate case number; or
2. Other Source Categorically Eligible designation: A child is documented as meeting the
applicable definition, as defined in this section, as:
o Homeless, runaway, or migrant;
o A foster child; or
o Enrolled in a federally-funded Head Start or comparable State-funded Head
Start or pre-kindergarten program.
An individual child’s eligibility for free benefits under any of the Other Source Categorically
Eligible Programs does not convey to other children in the household. Except for a foster
child, the household indication of Other Source Categorically Eligible status must be
confirmed through documentation prior to certifying the child’s eligibility for free meals.
DETERMINING OFFICIAL: An LEA official responsible for determining children’s eligibility for
free or reduced price benefits.
DIRECT CERTIFICATION: Determining children eligible for free benefits based on
documentation obtained directly from appropriate State or local agencies or other
authorized individuals. Direct certification of a child’s eligibility status should not involve the
household. The communication exchange should be between an appropriate agency and the
State agency, LEA, or school.
DIRECT CERTIFICATION FOR ASSISTANCE PROGRAMS: A process conducted through an
electronic match between the Assistance Program and the State agency or LEA. No
application is necessary.
Letters from TANF and FDPIR agencies submitted by households are considered direct
certification. However, direct certification for SNAP households must be conducted using an
automated data match process. If a household provides a SNAP eligibility letter to the LEA or
school, the letter must be used to establish eligibility, but it is not considered direct
certification for reporting purposes.
DIRECT CERTIFICATION FOR OTHER SOURCE CATEGORICALLY ELIGIBLE PROGRAMS: A process
conducted through an automated data match between appropriate State or local agencies
and officials from Other Source Categorically Eligible Programs, such as the LEA’s homeless
8

liaison. Direct certification may also be conducted using lists of eligible children provided to
the State or LEA from appropriate officials of these programs. Letters and contacts from
officials of theses may also be used as direct certification.
DIRECT VERIFICATION: The use of public records as a means to verify children’s eligibility for
free or reduced price benefits. Direct verification may be conducted with SNAP, FDPIR, or
TANF agencies or appropriate officials of Other Source Categorically Eligible Programs to
confirm eligibility for free meals. Direct verification with Medicaid or the State Child Health
Insurance Program (SCHIP) may confirm eligibility for either free or reduced price meals,
depending on the Medicaid or SCHIP eligibility criteria in the State.
EXTENSION OF CATEGORICAL ELIGIBILITY FOR ASSISTANCE PROGRAMS: Any one child or
household member’s receipt of benefits from an Assistance Program extends eligibility for
free benefits to all children who are members of the household.
FOSTER CHILD: An Other Source Categorical Eligibility Program designation for a child who is
formally placed by a court or a State child welfare agency. This definition does not apply to
informal arrangements or permanent guardianship placements that may exist outside of
State or court-based systems.
FREE MEAL: A meal served in NSLP or SBP to a child eligible for such benefits under 7 CFR
Part 245. Neither the child nor any member of the household pays or is required to work in
the school or in the school’s food service to receive a free meal.
FREE MILK: Milk served in the SMP to a child eligible for free milk under 7 CFR Part 245.
Neither the child nor any member of the household pays or is required to work in the school
or in the school’s food service to receive free milk.
HEAD START: An Other Source Categorically Eligible Program, which refers to Federal
Head Start and any State-funded pre-kindergarten program that use eligibility criteria
that are identical or more stringent than Federal Head Start.
HOMELESS: An Other Source Categorically Eligible Program designation for a child who is
identified by the LEA homeless liaison or by an official of a homeless shelter as lacking a
fixed, regular, and adequate nighttime residence.
HOUSEHOLD: A group of related or nonrelated individuals who are living as one economic
unit. The term “family” has the same definition as “household” under 7 CFR Part 245.2.

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INCOME ELIGIBILITY GUIDELINES (IEGS): The family-size income levels prescribed annually by
the Secretary of Agriculture for determining eligibility for free and reduced price meals and
free milk. The free guidelines are at or below 130 percent of the Federal poverty guidelines.
The reduced price guidelines are between 130 and at or below 185 percent of the Federal
poverty guidelines.
LOCAL EDUCATIONAL AGENCY (LEA): The term “LEA” refers to:
 A public board of education or other public or private nonprofit authority legally
constituted within a State for the administrative control of public or private nonprofit
schools in a political subdivision of a State;
 An administrative agency or combination of school districts or counties recognized by
the State;
 Any other public or private nonprofit institution or agency having administrative
control and direction of public or private nonprofit schools or residential child care
institutions; or
 The State educational agency that, in any State or territory, serves as the sole
educational agency for all public or private nonprofit schools.
o An employee of the food service management company may act as an agent
for the LEA in various aspects of the application, certification, and verification
processes. The company’s employee must comply with all requirements for
these processes, including limited disclosure of individual eligibility
information. However, the LEA is ultimately responsible for ensuring that all
requirements are being met and that the information on the application
remains the property of the LEA and cannot be used or possessed by the food
service management company for any use other than to determine eligibility
for free and reduced price meals
LIMITED ENGLISH PROFICIENCY (LEP): A limited ability to read, speak, write, or understand
English. Recipients of Federal financial assistance have a responsibility to take reasonable
steps to ensure meaningful access to their programs and activities by persons with limited
English proficiency.
MIGRANT: An Other Source Categorical Eligibility designation for a child who is enrolled in
the Migrant Education Program (MEP) as determined by the State or local MEP
coordinator.
MIXED HOUSEHOLDS: Those households that include children designated as Other Source
Categorically Eligible as well as other children who are not.
OPERATING DAYS: The days on which a meal or milk is provided.
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OTHER SOURCE CATEGORICALLY ELIGIBLE: Categories which make children automatically
eligible for free benefits, either through direct certification or application. A child’s eligibility
for free benefits under Other Source Categorical Eligibility does not extend to any other child
in the household. A child is Other Source Categorically Eligible if the child is:
 Enrolled in Federal Head Start;
 Enrolled in State-funded pre-kindergarten programs that use eligibility criteria that
are identical or more stringent than Federal Head Start;
 Determined to be homeless by the LEA’s homeless liaison or by an official of a
homeless shelter;
 Determined to be a migrant by the State or local MEP coordinator or homeless
liaison;
 Determined to be a runaway who is identified by the local education liaison as
receiving assistance through a program under the Runaway and Homeless Youth Act;
 Determined to be a foster child whose care and placement is the responsibility of the
State, or who is formally placed by a court with a caretaker household through which
the State retains legal custody of the child.
OVERT IDENTIFICATION: Any action that may result in a child being recognized as potentially
eligible to receive or be certified for free or reduced price school meals or free milk. LEAs and
SFAs must assure that a child’s eligibility status is not disclosed at any point in the process of
providing free or reduced price meals or free milk, including:
 Notification of the availability of free or reduced price benefits;
 Certification and notification of eligibility;
 Provision of meals in the cafeteria;
 Point of service;
 Provision of additional services, such as educational services to low income children;
or
 Method of payment.
REDUCED PRICE MEAL: A lunch priced at 40 cents or less, an afterschool snack priced at 15
cents or less, or a breakfast priced at 30 cents or less, served to a child certified as eligible for
such benefits under 7 CFR Part 245.
RESIDENTIAL CHILD CARE INSTITUTION (RCCI): Any distinct part of a public or nonprofit
private institution that:
 Maintains children in residence;
 Operates principally for the care of children; and
 If private, is licensed by the State or local government to provide residential childcare services under the appropriate licensing code.
11

The definitions of “School” and “Child” under 7 CFR 210.2, 215.2 and 220.2, outline the
requirements for eligible RCCIs and eligible residents.
RUNAWAY: An Other Source Categorical Eligibility designation for a runaway child who is
identified by the LEA’s homeless liaison or a program official as receiving assistance from a
program under the Runaway and Homeless Youth Act.
SCHOOL FOOD AUTHORITY (SFA): The governing body responsible for the administration of
one or more schools. It is the local agency that has the authority to enter into a legal
agreement with the State administrating agency to operate the School Meal Programs.
SCHOOL YEAR (SY): The period from July 1 through June 30.
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF): A Federal designation for a Statefunded program under part A of title IV of the Social Security Act. Each State has its own
name and acronym for the program. Categorical eligibility for free benefits is limited to
beneficiaries in States with TANF standards that are comparable to or more restrictive than
those in effect on June 1, 1995. See SP-22- 2010, CACFP 10-2010, SFSP 08-2010: Categorical
Eligibility—Temporary Assistance to Needy Families,
http://www.fns.usda.gov/sites/default/files/SP_22-2010_os.pdf.
WORKING DAYS: The days when school is open and teachers or school administration are onsite, but the reimbursable meal service is not in operation.

B. STATUTORY AND REGULATORY AUTHORITY
Statutory authority for the Child Nutrition Programs includes the Richard B. Russell National
School Lunch Act (NSLA) and the Child Nutrition Act of 1966 (CNA). The statutory citations
are, respectively, 42 United States Code 1751 et seq. and 42 United States Code 1771 et seq.
Regulatory authority is found, as follows, in the Code of Federal Regulations (CFR):
 7 CFR Part 210, National School Lunch Program (NSLP)
 7 CFR Part 215, Special Milk Program for Children (SMP)
 7 CFR Part 220, School Breakfast Program (SBP)
 7 CFR Part 225, Summer Food Service Program (SFSP)
 7 CFR Part 226, Child and Adult Care Food Program (CACFP)
 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk
in Schools

12

C. ADMINISTRATION OF THE PROGRAMS
Child Nutrition Programs are administered at the Federal level by the Food and Nutrition
Service (FNS) of the U.S. Department of Agriculture (USDA). At the State level, the programs
are administered by a designated State agency. If State law prevents State administration, the
program may be administered by the appropriate FNS Regional Office (FNSRO), often referred
to as a Regional Office Administered Program (ROAP).
State agencies that administer Child Nutrition Programs must issue free and reduced price
policy guidance and any other instructions necessary to local educational agencies to ensure
awareness of Federal and State requirements pertaining to free and reduced price meals and
free milk. Participating local educational agencies must provide free and reduced price meal
benefits to eligible children in accordance with the statutory and regulatory requirements as
detailed in this manual.
All schools participating in NSLP or SBP must make free and reduced price meals available to
eligible children. All schools and institutions participating in the free milk option of the SMP
must make free milk available to eligible children.

D. RESOURCES
To keep up to date on Child Nutrition Program regulations, policy clarifications, and prototype
application materials, sign up for GovDelivery notifications at
https://service.govdelivery.com/accounts/USFNS/subscriber/new and regularly check the FNS
web site at http://www.fns.usda.gov/child-nutrition-programs. State agencies may also
access this information through the CN PartnerWeb at https://www.partnerweb.usda.gov

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OVERVIEW OF THE SCHOOL MEAL PROGRAMS
A. GENERAL REQUIREMENTS
State agencies that administer Child Nutrition Programs must issue free and reduced price
policy guidance and any other instructions necessary to local educational agencies to ensure
awareness of Federal and State requirements pertaining to free and reduced price meals and
free milk. Participating local educational agencies must provide free and reduced price meal
benefits to eligible children in accordance with the statutory and regulatory requirements as
detailed in this guidance.
All schools participating in NSLP or SBP must make free and reduced price meals available to
eligible children. All schools and institutions participating in the free milk option of the SMP
must make free milk available to eligible children.

B. POLICY STATEMENTS
SCHOOL MEAL PROGRAMS
Each LEA participating in the NSLP or SBP must have an approved free and reduced price
policy statement on file at the State agency or the Food and Nutrition Service Regional
Office (FNSRO) if the LEA participants under a ROAP. If an LEA is just starting its
participation in the NSLP or SBP, it must submit its policy statement to the State agency for
approval as part of the application process. Once approved, the policy statement becomes
a permanent document, but must be amended when the LEA makes a substantive change
in its free and reduced price policy. See Appendix A for the requirements for the policy
statement and amendments.
SPECIAL MILK PROGRAM
A policy statement must be submitted to and approved by the State agency for LEAs
participating in the SMP with the free milk option. An LEA may submit a single policy
statement when some of its schools participate in the SMP and others participate in the
NSLP or SBP. Specific instructions on the development of the policy statement and policy
approval process are provided to LEAs by the State agency.
ADDRESSING OVERT IDENTIFICATION
SFAs and LEAs must avoid any policy or practice that has the effect of overtly identifying
children receiving free or reduced price meal benefits. LEAs and SFAs must assure that
their policy statement complies with this requirement. During an administrative review,
the State agency must ensure that the policy statement addresses ways to prevent overt
identification.
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C. PUBLIC OUTREACH REQUIREMENTS
PUBLIC MEDIA RELEASE
Near the beginning of each school year, the public must be notified that free and reduced
price meals and free milk are available. This notice must include the eligibility criteria for free
and reduced price meals or free milk. It must be provided to the local news media, the
unemployment office, and any major employers who are contemplating large layoffs in the
attendance area of the school.




REQUIRED INFORMATION
o The public release for school meal benefits must contain the same
information supplied in the letter to households, except that the public
release must contain Income Eligibility Guidelines (IEGs) for free as well as
reduced price school meals. However, a public release that only refers to
the SMP should not contain the reduced price IEGs. The public release
must also explain the following information:
When known to the LEA, households will be notified of their children’s eligibility
for free meals if they are members of households receiving assistance from the:
o Supplemental Nutrition Assistance Program (SNAP);
o Food Distribution Program on Indian Reservations (FDPIR); or





o Temporary Assistance for Needy Families (TANF), if the State
program meets Federal standards.
An application is not required for free meal benefits for Assistance Program
participants and all of the children in the household are eligible for free meal
benefits. If any children were not listed on the notice of eligibility, the
household should contact the LEA or school to have free meal benefits
extended to them.
When known to the LEA, households will be notified of any child’s
eligibility for free meals if the individual child is Other Source
Categorically Eligible, because the child is categorized, as defined by law
as:
o Homeless,
o Migrant,
o Runaway,
o Enrolled in an eligible Head Start, or
o Enrolled in an eligible pre-kindergarten class.
If any children were not listed on the notice of eligibility, the household
should contact the LEA or school about their eligibility through an Other
15





Source Categorically Eligible Program or should submit an income
application.
If children or households receive benefits under Assistance Programs or
Other Source Categorically Eligible Programs and are not notified by the
school of their free meal benefits, the parent or guardian should contact the
school.
Households notified of their children’s eligibility must contact the LEA or
school if the household chooses to decline the free meal benefits.

See Information Letters to Households in this section for a full list of criteria that must be
addressed in the public release.
ISSUANCE
The State agency may issue the public release on behalf of its LEAs. In this case, the free and
reduced price policy statement must specify the responsibilities the State agency will assume,
such as sending the public release to the local media and employment offices, and the names
of the schools covered under the policy. Copies of the public release must be made available
upon request to any interested person.
INFORMATION LETTERS TO HOUSEHOLDS
At the beginning of school, information letters must be distributed to the households of
children attending the school. This letter informs families about the Child Nutrition Programs
that free or reduced price meals or free milk may be available to children.
The information letter must be sent to households of all schoolchildren either before the
beginning or very early in the school year. Information letters cannot be sent home at the end
of the school year for the next year, nor can the LEA accept and process applications before
the federally defined school year, which begins on July 1. However, year-round schools, may
distribute the letters in June.) The letters may be distributed by the postal service, e-mailed to
the parent or guardian, or included in an information packet provided to students.
INFORMATION LETTERS FOR LATE ENROLLMENTS
Households enrolling new students in an LEA, after the start of the school year, must be
provided an information letter, application form, and materials when they enroll. If the LEA
has the capability, the status of any newly enrolled child must be checked for Assistance
Programs and Other Source Categorical Eligibility at the time of enrollment.

16

REQUIRED INFORMATION
 Income Eligibility Guidelines
o For schools participating in the NSLP or SBP only the reduced price guidelines are
provided with an explanation that households with incomes at or below the
reduced price limits may be eligible for either free or reduced price meals;
o For schools participating in the SMP with the free milk option, the free guidelines
are provided; and
o For schools participating in the NSLP or SBP and also participating in the SMP with
the free milk option for their split-session kindergarten students, both sets of
guidelines are provided.
 Instructions on how to apply for free and reduced price meals or free milk, including local
contacts and mailing addresses, prominently displayed, explaining how to submit an
application to a school or LEA office and where to direct questions about the process.
 An explanation that:
o Only one application is required for all children in the household;
o An application for free or reduced price benefits cannot be approved unless
complete eligibility information is submitted, as indicated on the application
and in the instructions;
o No application is necessary if the household was notified by the LEA that all
children have been directly certified. If the household is not sure if their
children have been directly certified, they should contact the school;
o Only the last four digits of the social security number of the household’s
primary wage earner or another adult household member is needed;
o A foster child is categorically eligible for free meals and may be included as a
member of the foster family if the foster family chooses to also apply for
benefits for other children;
o Including children in foster care as household members may help other children
in the household qualify for benefits;
o If the foster family is not eligible for free or reduced price meal benefits, it does
not prevent a foster child from receiving benefits;
o Categorical eligibility for free benefits is extended to all children in a household
when the application lists an Assistance Program’s case number for any
household member;
o Households with any member who is currently certified to receive Assistance
Program benefits may submit an application for these children with the
abbreviated information as indicated on the application and instructions;
17

o Households with children who are categorically eligible under Other Source
Categorically Eligible Programs may be eligible for free benefits and should
contact the school or LEA for assistance in receiving benefits.
o Information submitted on the application may be subject to verification;
o A household may apply for benefits at any time during the school year;
o Children of parents or guardians who become unemployed may be eligible for
free and reduced price meals or free milk;
o Special Supplemental Nutrition Program for Women, Infants and Children (WIC)
participants may be eligible for free and reduced price meals;
o A household may appeal the application decision, using the hearing procedure
described in the LEA’s free and reduced price policy statement;
o For up to 30 operating days into the new school year, eligibility from the
previous year will continue within the same LEA.
o When the carry-over period ends, unless the household is notified that their
children are directly certified or the household submits an application that is
approved, the children must pay full price for school meals and the school will
not send a reminder or a notice of expired eligibility.


The following USDA Nondiscrimination Statement:
The U.S. Department of Agriculture prohibits discrimination against its
customers, employees, and applicants for employment on the bases of race,
color, national origin, age, disability, sex, gender identity, religion, reprisal, and
where applicable, political beliefs, marital status, familial or parental status,
sexual orientation, or all or part of an individual’s income is derived from any
public assistance program, or protected genetic information in employment or
in any program or activity conducted or funded by the Department. (Not all
prohibited bases will apply to all programs and/or employment activities.)
If you wish to file a Civil Rights program complaint of discrimination, complete
the USDA Program Discrimination Complaint Form, found online at
http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office,
or call (866) 632-9992 to request the form. You may also write a letter
containing all of the information requested in the form. Send your completed
complaint form or letter to us by mail at U.S. Department of Agriculture,
Director, Office of Adjudication, 1400 Independence Avenue, S.W.,
Washington, D.C. 20250-9410, by fax (202)690-7442, or email at
[email protected].
18

Individuals who are deaf, hard of hearing or have speech disabilities may
contact USDA through the Federal Relay Service at (800) 877-8339; or (800)
845-6136 (Spanish).
USDA is an equal opportunity provider and employer.

19

CHAPTER 1: THE APPLICATION
A. APPLICATION DESIGN
The application and all supporting materials must be clear, simple in design, and
understandable and uniform in format. The application materials must also conform to the
requirements described in this section.
NEW FNS PROTOTYPE APPLICATION
LEAs are encouraged to use the FNS prototype application to support access to school meals.
The prototype application complies with Federal requirements and meets all criteria
examined during administrative reviews.
FEATURES OF THE PROTOTYPE APPLICATION
 Income is accepted only in whole dollars.
 Income reporting is streamlined for non-adult household members, in recognition
that children do not receive income on a regular basis. Income for children is
totaled into a single reporting field.
 Applicants without income are requested to write a “zero” in the applicable field
or mark ”no income.” The application must convey to the applicant that any
income field left blank is a positive indication of no income and certifies that there
is no income to report. Applications with blank income fields will be processed as
complete.
 When no income is provided for any of the adult household members, the
application is still considered complete.
Design features and improvements streamline and clarify the application process for
households. See SP33-2015: Revised prototype Free and Reduced Price Application Materials:
Policy Changes and Design Overview, http://www.fns.usda.gov/revised-prototype-free-andreduced-price-application-materials-policy-changes-and-design-overview
If the LEA does not use the prototype, it may continue to accept income in dollars and cents.
The LEA may modify the prototype to include the signature of the approving official, date of
approval, and status.
HOUSEHOLD APPLICATIONS
LEAs must provide household applications to families applying for free or reduced price meals
or free milk benefits, unless the household has been directly certified.

20










Applications provided to households must be accompanied by instructional materials
similar to those included with the FNS prototype application.
One household application is submitted for all children in the household who attend
schools in the same LEA.
The LEA cannot require a separate application for each child in the same household or
multiple applications from a mixed household that includes children who are Other
Source Categorically Eligible and others who apply based on household income.
The LEA may scan or photocopy an application submitted by a household in order to
process different eligibility determinations in mixed households and to share with the
different schools and LEAs that children in the household attend.
The application provided to a household may only be pre-filled with the child’s name.
All other data required on the application must be completed by the household.
The LEA cannot require a household to submit an application.

FAMILY FRIENDLY APPLICATION
FNS provides a simplified prototype “Family Friendly” application that includes only the
information that families need when first applying for free and reduced price school meals. It
is part of a package that is intended to assist State agencies and LEAs in ensuring that the
application and other household materials are available in languages which LEP households
can understand.
This package has been translated into 33 languages. Each translation includes:
 Letter to household,
 Application instructions,
 Application form, and
 A form to share information with MEDICAID or SCHIP for additional benefits.
Although FNS fully revised the prototype application materials for SY 2015-2016, work is still
being done to translate those materials into every language for which the Family Friendly
application is currently available. A Spanish version of the prototype application is currently
available. See http://www.fns.usda.gov/school-meals/applying-free-and-reduced-priceschool-meals. FNS anticipates that all of the translations of the updated prototype application
materials will be completed for SY 2016-2017.
LEAs are encouraged to continue to use the existing Family Friendly Foreign Language
Translations, as appropriate, to assist households whose language needs are not met by the
updated materials. See http://www.fns.usda.gov/school-meals/family-friendly-applicationtranslations.

21

FOREIGN LANGUAGE TRANSLATIONS
Application materials and other communications with households concerning eligibility
determinations must be in a language that parents or guardians can understand in order to
diminish any language barriers to participation for LEP families. Under title 6 of the Civil Rights
Act of 1964, LEAs are required to assist LEP families, be aware of their language needs and
ensure that these households have access to the same information other parents have in a
manner they can easily understand.
State agencies and LEAs are responsible for ensuring that all application and other household
materials used in the application process are available in a language the LEP household can
understand. Where households need information in a language other than English, LEAs must
make reasonable efforts, considering the number of such households, to provide household
letters and application forms to them in the appropriate languages. Additionally, liaisons
proficient in foreign languages may assist households with completing the application
process.
To summarize, State agencies and LEAs must:


Be familiar with the translated application materials available through FNS.
State agencies must ensure that FNS prototype applications are available to
their LEAs, and that LEAs that do not have their own translations make the FNS
applications available to the families who need them.



Use the Home Language Survey, USDA’s “I Speak” survey or other surveys to
help identify LEP families and language needs.



Be familiar with languages used in the community and the potential need for
materials in those languages.



After assessing potential language needs, determine where information or
translation services in those languages may be obtained.



After identifying LEP households, provide language services to assist with meal
benefit applications.



Provide the necessary services so that parents or guardians, who are unable to
read or have limited literacy, are assisted with completing the application
process. This may entail providing oral interpretation services. Parents should
not be expected to rely on family members, especially children, or friends as
interpreters as they may not be able to provide quality and accurate
interpretations.



Have systems in place to assist LEP households through the verification
process. Follow up with LEP households that do not respond to the initial
verification request.
22



When possible, partner with State and local resources, such as migrant or
refugee assistance agencies.

PAPER APPLICATIONS
If the LEA only uses paper applications, an application form and instructions must be
included with the letter to households.
A sample household letter and instructions are included with the Prototype Household
Application developed by FNS. See Applying for Free and Reduced Price School Meals,
http://www.fns.usda.gov/school-meals/applying-free-and-reduced-price-school-meals.
ELECTRONIC AND SCANNED APPLICATIONS
The LEA may make available and accept applications electronically. The LEA may also scan
paper applications.


All disclosure restrictions must be met and acceptance of the application and
electronic signatures must conform with FNS policy. See SP 10-2007, SFSP 06-2007,
CACFP 07-2007: Update on Electronic Transactions in the Child Nutrition Programs,
http://www.fns.usda.gov/update-electronic-transactions-child-nutrition-programs-1.





The system should include a statement which explains how to obtain a paper
application if households decide they no longer want to complete an application
electronically.
The process for scanning applications must meet all requirements as well as
perform functions as outlined in this guidance. For example, the software or
scanner system must be able to recognize and accept less than whole dollar
amounts.

COMPUTER OR WEB-BASED APPLICATIONS
If the LEA uses a computer or web-based system as one of their application processes, the
letter to households must inform the household how to access the system in order to apply
for benefits. It must also explain how the household may obtain and submit a paper
application, such as including a telephone number or a form to request an application.
The system must include a question or data field to indicate a child’s Head Start, migrant,
runaway, foster, or homeless status.
The system may ask for a student identification number or a child’s birth date. However,
the household must be informed that these data fields are not required by NSLP, SBP, or
SMP.
23

The LEA does not have to amend the system to reflect the FNS prototype application.
However, if modifications are made, the system must be able to recognize and accept
whole dollar amounts.
Note: USDA and FNS do not evaluate, recommend, approve, or endorse any software used for certification or
verification purposes. There are no Federal specifications for software vendors. LEAs are responsible for assuring
that any automated certification and verification processes meet all regulatory requirements and policies,
including the calculation of income frequencies, and that the software used is performing correctly and meets all
requirements.

APPLICATIONS FOR RESIDENTS OF RCCIS
Each child residing in an RCCI is considered a household of one. An application is
completed for each child unless the RCCI uses an eligibility documentation sheet for all
children residing in the RCCI. The documentation sheet must be signed by an appropriate
official and include:


Child’s name



Personal income received by the child,



Child’s date of birth,



Date of admission,



Date of release,



Official’s title, and



Official’s contact information.

Children attending but not residing in an RCCI are considered members of their household.
Their eligibility is determined using a household application or through direct certification.

B. APPLICATION CONTENT
Except for the information in the attesting statement, the required information on the
application form may be separate from the signature block and organized at the LEA’s
discretion. For example, the Use of Information Statement may be referred to in the signature
block but may be on the reverse side of the application or included with the instructions on
how to complete the form.

24

REQUIRED INFORMATION
USE OF INFORMATION STATEMENT
Because of the statutory change requiring only the last four digits of a social security
number, the Privacy Act statement is no longer required. The Use of Information
Statement must be provided on the application instead, exactly as follows:
The Richard B. Russell National School Lunch Act requires the information on
this application. You do not have to give the information, but if you do not
submit all needed information, we cannot approve your child for free or
reduced price meals. You must include the last four digits of the social security
number of the adult household member who signs the application. The social
security number is not required when you apply on behalf of a foster child or
you list a Supplemental Nutrition Assistance Program (SNAP), Temporary
Assistance for Needy Families (TANF) Program or Food Distribution Program on
Indian Reservations (FDPIR) case number or other FDPIR identifier for your
child or when you indicate that the adult household member signing the
application does not have a social security number. We will use your
information to determine if your child is eligible for free or reduced price
meals, and for administration and enforcement of the lunch and breakfast
programs.
We may share your eligibility information with education, health, and nutrition
programs to help them evaluate, fund, or determine benefits for their
programs, auditors for program reviews, and law enforcement officials to help
them look into violations of program rules.
ATTESTING STATEMENT
A statement, directly above the signature block for the signing adult, to certify that:


The person signing is furnishing true information and to advise that person that
the application is being made in connection with the receipt of Federal funds;



School officials may verify the information on the application; and



Deliberate misrepresentation of the information may subject the applicant to
prosecution under State and Federal statutes.

CHILDREN'S RACIAL AND ETHNIC IDENTITIES
Although survey questions on children’s ethnicity and race are optional for households
to complete, they must be included on the application. The categories and format
must be identical to that listed on the USDA Prototype Application for Free and
Reduced Price School Meals, at http://www.fns.usda.gov/sites/default/files/cn/SP332015a4.pdf.
25

See FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition
Programs and Activities, at http://www.fns.usda.gov/sites/default/files/113-1.pdf
CATEGORICAL ELIGIBILITY BASED ON ASSISTANCE PROGRAMS
The application must provide space to identify any household member who receives benefits
from Assistance Programs and their case numbers. When a case number for one of the three
Assistance Programs for any household member is listed on the application, all children in the
household are eligible for free meals.
OTHER SOURCE CATEGORICAL ELIGIBILITY AND INCOME ELIGIBILITY
In the case of children designated as Other Source Categorically Eligible, with the exception of
Head Start where LEAs should have access to complete participation records for children, the
application must provide space for indicating status in the other source categories. This is
necessary because of the possibility of “mixed households” in which some children may be
designated as Other Source Categorically Eligible and some may not.
The LEA must:


Contact the household to determine which children are Other Source
Categorically Eligible;



Confirm the status of the Other Source Categorically Eligible child with the
appropriate officials;



Certify them if they qualify based on the appropriate official’s confirmation;
and



Then determine eligibility for other children listed on the application through
household size and income.

PREVENTING OVERT IDENTIFICATION OF DIRECTLY CERTIFIED CHILDREN
LEAs are not required to provide applications to parents when children are eligible for free
meals through direct certification. The LEA must, however, assure that these children are not
overtly identified through the method used to distribute applications.
Applications do not have to be provided to households in which all children are determined
eligible through direct certification, if the LEA distributes applications to individual households
by mail, including e-mail to parents or guardians, prepares individual student packets, or
provides online availability. If the distribution method is not individualized, the LEA must
provide applications to all households.

26

CITIZENSHIP AND LEGAL STATUS
United States citizenship or immigration status is not a condition of eligibility for free and
reduced price benefits. LEAs must apply the same eligibility criteria for citizens and noncitizens.
USDA has determined that the Child Nutrition Programs are not subject to title IV of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which restricts
certain welfare and public benefits for undocumented individuals.
LEAs are prohibited from requesting citizenship or immigration status on the application
because citizenship or immigration status is not a requirement for participation in the school
meal programs, and may pose a barrier to participation and deter otherwise eligible
households from applying.
INDICATION OF “NO INCOME”
Applicants without income are requested to write a “zero” in the applicable field or mark “no
income.” The application must convey to the applicant that any income field left blank is a
positive indication of no income and certifies that there is no income to report. Applications
with blank income fields will be processed as complete.

27

CHAPTER 2: DETERMINING ELIGIBILITY
A. APPLICATIONS WITH HOUSEHOLD SIZE AND INCOME
To establish that a household meets income eligibility requirements for benefits, determining
officials must compare the household size and the total household income to the applicable
IEGs. Officials may be asked by households for guidance on whom to include as a household
member or what to include as income on the application. Although determining officials may
have to use their own discretion in some instances, this section explains the requirements for
determining household composition and income and also provides guidance on how to
handle special situations.
DETERMINING HOUSEHOLD COMPOSITION
Household composition for the purpose of making an eligibility determination for free and
reduced priced benefits is based on an economic unit. An economic unit is a group of
related or unrelated individuals who are not residents of an institution or boarding house
but who are living as one economic unit, and whose members share housing, significant
income, and expenses.
Generally, individuals residing in the same house are an economic unit. However, more
than one economic unit may reside together in the same house. Separate economic units
in the same house are characterized by prorating expenses and by economic
independence from one another.

28

SPECIAL SITUATIONS FOR DETERMINING
HOUSEHOLD COMPOSITION
CONDITION
Adopted Child

HOUSEHOLD STATUS
An adopted child for whom a household has accepted legal responsibility is
considered to be a member of that household. If the adoption is a
“subsidized” adoption, which may include children with special needs, the
subsidy is included in the total household income.
Because some adopted children may first be placed in families as foster
children, parents may not be aware that, once a child is adopted, the child
is no longer categorically eligible for free meals as a foster child. Due to
year-long eligibility, the free eligibility status of a foster child would not
change within the school year, including up to 30 operating days into the
subsequent school year, if the child is adopted.

However, for the subsequent school years, an adopted child must be
determined eligible based on the economic unit. All income available to
that household, including any adoption assistance, is counted in
establishing eligibility.
Child Attending A child who attends, but does not reside, in an institution is considered a
an Institution
member of the household in which the child is a resident.
or RCCI
Child Residing
A child who is a resident of a non-participating institution and attends a
in an
participating school during the week, or a child who resides in a
Institution or
participating RCCI is considered a household of one.
RCCI
Child Away at
A child who is temporarily away at school (e.g., attending boarding school
School
or college) is included as a member of the household. A child, including a
foreign student, who is attending a participating boarding school and
wishes to apply for meal benefits, is not considered a household of one.
Instead, the child’s eligibility is determined based on the family’s size and
income.
Child Living
In cases where no specific welfare agency or court is legally responsible for
with Relative or the child or where the child is living with other relatives or friends of the
Friend
family, the child is considered to be a member of the household with
whom the child resides.

29

Child Living
with One
Parent
Joint Custody

Emancipated
Child
Children Who
Pay for Room
and Board

Foreign
Exchange
Student
Foster Child

In cases where the child is living with one parent, the child is considered to
be a member of the household with whom the child resides. Children of
divorced or separated parents are generally part of the household that has
custody.
When joint custody has been awarded and the child physically changes
residence, the child is considered part of the household where the child
resides. If both parents apply for benefits for the child, in the same LEA, but
the eligibility status is different, the greater benefit level is used. For
example, if the mother’s situation results in eligibility for free meals but the
father’s application is denied, the child would receive free meals regardless
of which parent had custody at the time.
However, one of the parents may elect not to have the child receive free
meal benefits while residing with them. When the child is residing with this
parent and the parent pays for the meals, the child’s meals cannot be
claimed at the free or reduced price rate.
A child living alone or as a separate economic unit is considered to be a
household of one.
Separate economic units are usually characterized by the prorating of most
household expenses. Most children living with their parents and paying for
room and board are usually paying a token amount, are not economically
independent of their parents, and are, therefore, not considered to be a
household of one.
A foreign exchange student is considered to be a member of the household
in which the student resides, i.e., the host household.
A foster child is a child whose care and placement is the responsibility of an
agency that administers a State plan under part B or E of title IV of the
Social Security Act, or a child who is formally placed with a relative or other
caretaker household by a court or State child welfare agency. Whether
placed by the State child welfare agency or a court, in order for a child to
be considered categorically eligible for free meals, the State must retain
legal custody of the child.
For purposes of eligibility for Child Nutrition Programs, a foster child is
considered a member of the foster parents’ household if the child is placed
through a formal arrangement by a court or State child welfare agency.

30

Family
Members
Living Apart

Deployed
Service
Personnel

Family members who are living apart on a temporary basis are considered
household members. Family members who are not living with the
household for an extended period of time are not considered members of
the household for purposes of determining eligibility. However, any money
made available by them or on their behalf for the household is included as
income to the household.
Family members who are not living with the household for an extended
period of time are not usually considered household members. However,
members of the armed services who are activated or deployed in support
of any military combat operation are counted as household members. Any
money made available by them or on their behalf for the household is
included as income to the household with the exception of combat pay.
See Military Benefits in this section.

DETERMINING HOUSEHOLD REPORTABLE INCOME
Income is any money received on a recurring basis, including gross earned income, unless
specifically excluded by law. Gross earned income means all money earned before such
deductions as income taxes, employee’s social security taxes, insurance premiums, and
bonds. Income includes, but is not limited to:


Earnings from work:
o Wages, salaries, tips, commissions, and cash bonuses;
o Net income from self-owned business and farms;
o Strike benefits, unemployment compensation, and worker’s compensation;
o Military basic pay and cash bonuses (excluding combat pay, Family
Substance Supplemental Allowance, and privatized housing allowances);
and
o Allowances for off-base housing, food, and clothing.

 Public assistance, alimony, and child support:
o Adoption assistance payments,
o Unemployment benefits,
o Worker’s compensation,
o Supplemental Security Income (SSI),
o Regular cash assistance from State or local government,
o Alimony payments,
31

o Child support payments,
o Veteran’s benefits,
o Pensions,
o Retirement social security (including railroad retirement and black lung
benefits), and
o Private pensions or disability benefits.


Any other income regularly received:
o Income from trusts or estates;
o Annuities;
o Investment income;
o Earned interest;
o Rental income;
o Regular cash payments from outside household; and
o Any other money that may be available to pay for children’s meals.

DETERMINING CURRENT HOUSEHOLD INCOME
Households must report current income on a free and reduced price application. Current
income means the gross income received by a household, before deductions, for the
current month, or the amount projected for the first month for which the application is
filled out, or for the month prior to application.
If this income is higher or lower than usual and does not fairly or accurately represent the
household’s actual circumstances, the household may, in conjunction with determining
officials, project its annual rate of income based on the guidelines on special situations.

32

SPECIAL SITUATIONS FOR DETERMINING
CURRENT HOUSEHOLD INCOME
SOURCE
Projected
Income for
Seasonal
Workers

REPORTING
Seasonal workers and others whose income fluctuates usually earn
more money in some months than in other months. Consequently, the
previous month’s income may distort the household’s actual
circumstances.
In these situations, the household may project its annual rate of
income, and report this amount as its current income. If the prior
year’s income provides an accurate reflection of the household’s
current annual rate of income, the prior year may be used as a basis
for the projected annual rate of income.
The LEA must determine the period of time any earnings are received
for seasonal workers, as well as the amounts and sources. Seasonal
workers with annual employment contracts, such as school employees,
may choose to have their salaries paid over a shorter period of time.

Income for the
Self -Employed

To treat these employees in the same manner as employees who
choose to have their salaries paid over the full year, the LEA must
determine the full amount of income available contractually on an
annual basis, and convert all income sources to annual amounts.
Self-employed persons may use last year’s income as a basis to project
their current year’s net income, unless their current net income
provides a more accurate measure.
Self-employed persons are credited with net income rather than gross
income. Net income for self-employment is determined by subtracting
business expenses from gross receipts.


Deductible business expenses include the cost of goods
purchased; rent; utilities; depreciation charges; wages and
salaries paid; and business taxes;



Non-deductible business expenses include the value of
salable merchandise used by the proprietors of retail
businesses; and personal, Federal, State, or local income
taxes;



Net income for self-employed farmers is figured by
subtracting the farmer’s operating expenses from the gross
33

SOURCE

REPORTING
receipts;


Gross receipts include:
o The total income from goods sold or services rendered
by the business;
o The value of all products sold;
o Money received from the rental of farm land, buildings,
or equipment to others; and
o Incidental receipts from the sale of items such as wood,
sand, or gravel.

Income from
Wages and
SelfEmployment
Income from
Rental
Properties
Military
Benefits

Deployed
Service
Members



Operating expenses include cost of feed, fertilizer, seed, and
other farming supplies; cash wages paid to farmhands;
depreciation charges; cash rent; interest on farm mortgages;
farm building repairs; and farm taxes;



Non-deductible operating expenses include Federal, State, or
local income taxes.

For a household with income from wages and self-employment, each
amount must be listed separately. When there is a business loss,
income from wages must not be reduced by the amount of the
business loss. If income from self-employment is negative, it is listed as
zero.
Income includes money derived from the rental of rooms, apartments,
homes and other leases. The treatment of rental income would be
similar to the treatment of self-employment income.
Benefits paid directly to the service member, such as food, clothing
allowances and housing allowances for households living off-base in
the general commercial or private real estate market are considered
income.
Only that portion of a deployed service member’s income made
available by them or on their behalf to the household will be counted
as income to the household. Combat Pay is excluded. See Military
Benefits in this section.

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SOURCE
Foster Child’s
Income

Income for a
Child Residing
in an RCCI or
Institution
Child’s Income

REPORTING
If the household where the foster child resides applies for benefits for
their non-foster children, then the foster child’s personal income is
considered when making an eligibility determination. The foster child’s
income can be from a part-time job or from any funds provided to the
child for the child’s personal use. It is an option for the household to
list foster children residing in its care on an application for non-foster
children.
Only the income earned from full-time or regular part-time
employment or personally received by the child, while in residence at
the RCCI or institution, is considered income.
The current earnings of a child or student grade 12 or below, regardless
of age, who is a full-time or regular part-time employee, or who
receives income from other sources, such as SSI or social security, must
be listed on the application as income.

Alimony and
Child Support

Infrequent earnings, such as income from occasional baby-sitting or
mowing lawns, are not counted as income and should not be listed on
the application.
Any money received by a household in the form of alimony or child
support is considered income to the receiving household.

Garnished
Wages and
Bankruptcy

Any money paid by a household in the form of alimony or child support
is not excluded as income for that household.
In the case of garnished wages and income ordered to be used in a
specified manner, the total gross income must be considered
regardless of whatever portions are garnished or used to pay creditors.

INCOME EXCLUSIONS
Income not to be reported or counted as income in the determination of a household’s
eligibility for free and reduced price meal benefits includes:
 Any cash income or value of benefits excluded by statute, such as the value of benefits
under SNAP or FDPIR and some Federal educational benefits;
 Payments received from a foster care agency or court for the care of foster children;
 Student financial assistance provided for the costs of attendance at an educational
institution, such as grants and scholarships awarded to meet educational expenses
and not available to pay for meals;
35




Loans, such as bank loans, since these funds are only temporarily available and must
be repaid; and
Infrequent earnings received on an irregular basis, such as payment for occasional
baby-sitting or mowing lawns.

IN-KIND BENEFITS
In-kind benefits are not cash payments and, therefore, are not considered as income for the
purpose of determining free and reduced price eligibility. School officials are not in a position
to determine the value of in-kind benefits, such as housing for clergy, cars for salespersons,
employee medical or dental benefits, etc.
FEDERAL PROGRAMS

The following payments from Federal programs are excluded as income:
 Value of assistance to children and their families under the Richard B. Russell National
School Lunch Act, the Child Nutrition Act of 1966, and the Food and Nutrition Act of
2008;
 Reimbursements from the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970;
 Any payment to volunteers under title I (VISTA and others) and title II (RSVP, foster
grandparents, and others) of the Domestic Volunteer Service Act of 1973 to the extent
excluded by the Act;
 Payments to volunteers under section 8(b)(1)(B) of the Small Business Act (SCORE and
ACE);
 National Flood Insurance Program (NFIP) payments received by property owners;
 Income derived from certain sub-marginal land of the U.S. that is held in trust for
certain Indian tribes;
 Student financial assistance received under Title IV of the Higher Education Act of
1965, including the Pell Grant, Supplemental Education Opportunity Grant, State
Student Incentive Grants, National Direct Student Loan, PLUS, College Work Study,
and Byrd Honor Scholarship Programs, to the extent excluded by the Act;
 Payments under the Agent Orange Compensation Exclusion Act, Public Law 101-201;
 Payments and allowances to individuals participating in AmeriCorps to the extent
excluded by the National and Community Service Act of 1990;
 Payments under the Low-income Home Energy Assistance Act, Public Law 99-125;
 Payments under the Disaster Relief Act of 1974, as amended by the Disaster Relief and
Emergency Assistance Amendments of 1989, Public Law 100-707;
 Payments received under the Carl D. Perkins Vocational Education Act, as amended by
the Carl D. Perkins Vocational and Applied Technology Act Amendments of 1990,
Public Law 101-392;
36








The value of any child care provided or arranged, or any payment or reimbursement
for costs incurred for such care, under the Child Care and Development Block Grant
Act, as amended by section 8(b) of Public Law 102-586,106 Stat. 5035;
Value of any “at-risk” block grant child care payments made under section 5081 of
Public Law 101-508, which amended section 402 of the Social Security Act;
Payments received under the Old Age Assistance Claims Settlement Act, except for per
capita shares in excess of $2,000;
Payments received under the Cranston-Gonzales National Affordable Housing Act,
Public Law 101-625; and
Payments received under the Housing and Community Development Act of 1987.

This list is not all inclusive. Legislation is periodically enacted that excludes income for the
purposes of Child Nutrition Programs. See Appendix to Subpart K of Part 416—List of Types of
Income Excluded Under the SSI Program as Provided by Federal Laws Other Than the Social
Security Act, http://www.socialsecurity.gov/OP_Home/cfr20/416/416-app-k.htm.
This website may assist you in determining if benefits from other programs are excluded as
income from Federal means-tested programs. Determining officials should contact the State
agency when there is a question of whether specific payments are to be included as income.
The household always has the right to provide documentation or to request a determination
about a source of income that may be excluded.
MILITARY BENEFITS
The following payments to service members are excluded:
 Family Subsistence Supplemental Allowance (FSSA);
 Privatized housing allowances to service members living in housing covered under the
Military Housing Privatization Initiative. See DOD Military Housing Privatization,
http://www.acq.osd.mil/housing/; and
 Exclude Combat Pay when it is:
o Received in addition to the service member’s basic pay;
o Received as a result of deployment to or service in an area that has been
designated as a combat zone; and
o Not received by the service member prior to deployment to or service in the
designated combat zone.
Combat pay is extended to Deployment Extension Incentive Pay (DEIP), which is given to
active-duty service members who agree to extend their military service by completing
deployment with their units without re-enlisting. This exemption applies only until the service
members return to their home station. DEIP payments provided to service members who are
not considered deployed are not exempt.
37

INSTITUTIONALIZED CHILD’S INCOME
Payments from any source directly received by an RCCI or institution on a child’s behalf are
not considered as income to the child.
LUMP SUM PAYMENTS
Lump sum payments or large cash settlements are not counted as income since they are not
received on a regular basis. These funds may be provided as compensation for a loss that
must be replaced, such as payment from an insurance company for fire damage to a house.
However, when lump sum payments are put into a savings account and the household
regularly draws from that account for living expenses, the amount withdrawn is counted as
income.

B. APPLICATIONS FOR CATEGORICAL ELIGIBILITY
This section describes applications for children who are automatically eligible for free meals
or free milk because they, or any household member, receive benefits under Assistance
Programs; or they are designated as members of Other Source Categorically Eligible
Programs.
ASSISTANCE PROGRAM HOUSEHOLDS
A child who is a member of a household that receives benefits from an Assistance Program is
categorically eligible for free meals or milk. LEAs must give households the opportunity to
provide SNAP, TANF, or FDPIR case numbers or identifiers, either for a child or for any
household member, in order to establish categorical eligibility for free benefits for all children
in the household.
Households receiving benefits under Assistance Programs and submitting a free and reduced
price application must list a case number on the application. Determining officials must
ensure that the Assistance Program’s case number, or identifier listed on the application, is
consistent with the format used by the Assistance Program in that State.
If the case number seems incorrect, the LEA should contact the household or the local
Assistance Program to confirm the household’s eligibility or verify the application for cause.
LEAs are encouraged to review the direct certification list to determine whether any of the
applications with case numbers can be matched with children on the direct certification list:
 If a match is found, the application must be disregarded, the family must be placed on
the direct certification list, and categorical eligibility must be extended to all children
in the household;
38



When a match is not found, the LEA should contact the household for further
clarification, or verify the application for cause.

Direct certification may be accomplished by the LEA or school through the exchange of a fax
or e-mail list of eligible children with appropriate agency officials.
OTHER SOURCE CATEGORICALLY ELIGIBLE HOUSEHOLDS
In order to ensure prompt delivery of meal benefits to other source populations, the LEA
should have direct certification procedures in place with Other Source Categorically Eligible
agency officials to ensure that the LEA is promptly notified of children meeting this criterion.
The LEA must have documentation of the procedures that will be followed for exchanging
information and confirming the children’s status.
If form letters are sent to these households or direct computer matches are used, which may
not include the official’s original signature, sufficient documentation must include
correspondence or a written agreement between the Other Source Categorically Eligible
Program designated officials and the LEA.
The LEA should conduct outreach to Other Source Categorically Eligible agency officials, prior
to the beginning of each school year, in preparation for the data exchange.
Acceptable methods for identifying children who are Other Source Categorically Eligible
include:
 Submission of a household application that indicates “Other Source Categorical
Eligibility” for one or more children;
 A form letter from the Other Source Categorically Eligible agency to the household,
which in turn, the household provides to the school;
 Completion of an application by a local school official with direct knowledge of the
child’s status; or
 Submission to the determining official of a list of Other Source Categorically Eligible
children compiled by the LEA.
Other Source Categorical Eligibility of a child does not convey eligibility to other children in
the household. If the household of an Other Source Categorically Eligible child submits an
application, the applicable programs must be indicated. The LEA official must contact the
Other Source Categorically Eligible agency liaison to confirm that the children are eligible
under one of these programs before free benefits are provided.
If the household submits an application with income and indicates “Other Source Categorical
Eligibility” for one or more children, the LEA must confirm the children’s status before
39

benefits can be provided. If the LEA cannot confirm the children’s status, the LEA must
process the application using the income information provided.
If Other Source Categorical Eligibility is documented for all children in the household, the
determination based on income is superseded. However, if some children in the household
are not determined Other Source Categorically Eligible, the income determination remains in
effect for them, and the application must be retained in the LEA’s records.
OTHER SOURCE CATEGORICALLY ELIGIBLE PROGRAMS
HEAD START
Children enrolled in federally-funded Head Start are considered categorically eligible for free
meals or free milk. Children enrolled in State funded pre-kindergarten programs with
eligibility requirements identical to or more stringent than those used by federally-funded
Head Start are also considered categorically eligible.
Acceptable documentation, in lieu of an application, includes:
A statement of a child’s enrollment in Head Start or State funded pre-kindergarten ; or
A list of children enrolled in Head Start or State funded pre-kindergarten.
MIGRANT EDUCATION PROGRAM (MEP)
A child is considered categorically eligible if the child is identified as meeting the definition of
migrant in section 1309 of the Elementary and Secondary Education Act of 1965, 20 U.S.C.
6399, by the State, regional, or local MEP director, coordinator, or local educational liaison.
MEP provides services to children who have moved across school district lines, within the last
three years, in order to accompany or join a parent or guardian who seeks or obtains
temporary or seasonal work in agriculture or fishing. Minors who move with a spouse or by
themselves to perform this work may also qualify. State educational agencies and local MEP
officials are responsible for identifying a migrant child and maintaining supporting
documentation.
It is particularly important that newly arrived migrant children in the LEA be documented and
certified for free benefits as promptly as possible. LEAs need to establish procedures with the
MEP coordinator to assure prompt notification, especially when a new migrant child is
identified. LEAs should work directly with MEP officials or homeless liaison, to identify
migrant children and to document their eligibility for free benefits. Acceptable
documentation for MEP enrollment is:
 A dated list with each child's name, and the signature of the MEP official or local
educational liaison; or
40



A letter from an MEP official or local educational liaison provided by a household,
which confirms that a child currently meets the definition of migrant.

No application is required. The LEA must attempt to obtain MEP enrollment status prior to a
household completing an application. Once documentation is obtained, the LEA must notify
the household as soon as possible of the child’s eligibility for free benefits.
Any application submitted on behalf of the child would be disregarded unless other children
listed on the application are not migrant or Other Source Categorically Eligible. The LEA must
then process the application to determine eligibility for the other children listed on the
application.
PROGRAMS UNDER THE RUNAWAY AND HOMELESS YOUTH ACT
A child or youth who is identified by the local educational liaison as a runaway receives
assistance through a program under the Runaway and Homeless Youth Act (RYHA). If the LEA
or State agency becomes aware of other officials who may be administering the RHYA in their
State, they should contact the State agency or Regional office, as appropriate, for guidance.
The programs for runaways are established by the Family and Youth Services Bureau (FYSB) of
the U.S. Department of Health and Human Services. Because the FYSB coordinates with
school district homeless liaisons, determining officials should be able to obtain
documentation of a child’s participation in an RHYA-funded program. See Putting an End to
Youth Homelessness, http://www.acf.hhs.gov/programs/fysb/programs/runaway-homelessyouth.
It is particularly important that runaway children who may be enrolled in an RHYA-funded
program be documented and certified for free meals as promptly as possible. Therefore, LEAs
need to establish procedures with the homeless coordinator or other designated officials to
quickly identify these children.
Acceptable documentation consists of:
 Child’s name or a list of names of participating children;
 Effective dates; and
 Signature of the school district’s homeless liaison or other designated officials.
Because direct certification documentation of enrollment in an RHYA-funded program is
acceptable in lieu of a free and reduced price application, any application submitted on behalf
of the child would be disregarded.

41

MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
A child is considered homeless if the child is identified as lacking a fixed, regular, and
adequate nighttime residence under the McKinney-Vento Homeless Assistance Act by the LEA
liaison; or residing in a homeless shelter by an official of the shelter.
If the LEA or State agency becomes aware of other officials who may be administering
homeless assistance under the McKinney-Vento Act in their State, they should contact the
State agency or Regional office, as appropriate, for guidance. Homeless children remain
eligible for free meals for the duration of the current school year, and up to 30 operating days
in the next, regardless of where they are living.
The circumstances that may qualify children as homeless, include:
 Children and youths who are sharing the housing of other persons due to loss of
housing, economic hardship, or a similar reason, or are living in motels, hotels, trailer
parks, or camping grounds due to the lack of alternative adequate accommodations;
 Children and youths who are living in emergency or transitional shelters, are
abandoned in hospitals, or are awaiting foster care placement;
 Children and youths who have a primary nighttime residence that is a public or private
place not designed for or ordinarily used as a regular sleeping accommodation for
human beings;
 Children and youths who are living in cars, parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or similar settings; and
 Migratory children who qualify as homeless because the children are living in the
circumstances described above.
Acceptable documentation that a child is homeless is obtained from the LEA homeless liaison
or officials of homeless shelters where the child resides. It consists of:
 Child’s name or a list of names of residents;
 Effective dates; and
 Signature of the LEA liaison or official of the homeless shelter.
For example, a homeless liaison may provide a list of children residing in or evacuated from a
disaster area as documentation of homelessness.
Private schools may use documentation obtained from shelter directors or a public school
liaisons or the State Coordinator for Education of Homeless Children and Youth to determine
a child’s eligibility for free meals. Although the McKinney-Vento Homeless Assistance Act only
applies to public schools, private schools are encouraged to establish a homeless or runaway
liaison for this purpose.

42

HOMELESS CHILDREN RESIDING WITHIN ANOTHER HOUSEHOLD
A child or family may temporarily reside with another household and still be considered
homeless. In these cases, the household size and income of the host family are not taken into
consideration in determining eligibility for the children designated as homeless by the LEA
liaison.
When a host family applies for free and reduced price benefits for their own children, the
host family may include the homeless family as household members if the host family
provides financial support to the homeless family, such as shelter, utilities, clothing, or food.
The host family must include their income and any income received by the homeless family.
The eligibility status for the host family is based on its income or other sources of categorical
eligibility. The homeless child’s eligibility status cannot convey eligibility to the other children
in either family. Eligibility for the homeless child is based on the documentation provided by
the LEA liaison, even when the child is included on the host household’s application. Due to
year-long eligibility, a change in household composition will not impact the eligibility
determination for either the host family’s children or the homeless child.
FOSTER CHILD
A foster child is a child whose care and placement is the responsibility of a State or local
welfare agency or who is placed by a court with a caretaker household. This applies only to
foster children who are formally placed by the State welfare agency or court. It does not apply
to informal arrangements, such as caretaker arrangements or to permanent guardianship
placements, which may exist outside of or as a result of State or court based systems.
A child may still be considered a foster child if placed with relatives provided the placement is
made by the State or local foster care system or courts. The State must retain legal custody of
the child --whether placed by a welfare agency or a court -- in order for a child to be
considered categorically eligible for free meals.
If necessary, a foster family may include their foster child on the same household application
that includes their non-foster children. This will streamline the application process and may
help the foster family’s non-foster children qualify for free or reduced price benefits based on
household size and income.
LEAs are encouraged to establish formal mechanisms with State and local foster care agencies
and courts to receive information directly from these agencies to facilitate certification for
free meals for foster children. LEAs and foster care agencies or courts should have a written
agreement between the agency or court and the LEA setting out or confirming the manner in
which determining officials would be provided the children’s status.

43

Acceptable documentation may consist of:
 An electronic or computer match directly to the LEA indicating the status of the child
as a foster child without further application;
 A letter from the State or local welfare agency or court confirming the child’s status as
a foster child;
 Documents from the welfare agency or court stating that the courts have taken legal
custody of a child who has been placed in the foster care system;
 A list of children in foster care from the welfare agency or court; or
 An application that indicates the child’s status as a foster child.
ELIGIBLE HOUSEHOLDS THAT HAVE NOT APPLIED
Local school officials may complete an application for a child known to be eligible for meal
benefits if the household has not applied. When exercising this option, the school official
must complete an application on behalf of the child based on the best household size and
income information or Other Source Categorical Eligibility status known to the official.
The source of the information must be noted on the application. Names of household
members, the last four digits of the social security number, and the signature of an adult
household member need not be secured. These applications are excluded from verification.
However, the household must be notified that the child has been certified to receive free or
reduced price benefits. This option is intended for limited use in individual situations and
must not be used to make eligibility determinations for categories or groups of children.
EXPIRATION OF CATEGORICAL ELIGIBILITY
Because of year-long duration of eligibility, households are no longer required to report
changes in their categorical eligibility status. If a subsequent direct certification contact
indicates a child is no longer receiving SNAP or other benefits, no change is required to the
duration of the year-long eligibility period.
However, households may voluntarily report a change. If a household reports a change that
may reduce or terminate benefits, the LEA must explain to the household that the change
does not have to go into effect, but that at the household’s request the change will be made.
If the household wants the change to go into effect, the LEA must provide a notice of adverse
action.

C. DIRECT CERTIFICATION FOR ASSISTANCE PROGRAMS
This section provides guidance on direct certification for Assistance Programs. Other Source
Categorically Eligible children, such as homeless children identified by the LEA’s homeless
liaison, are processed using procedures similar to direct certification.
44

Direct certification is the process under which LEAs certify children who are members of
households receiving assistance under the Assistance Programs – SNAP, TANF, or FDPIR – as
eligible for free benefits, without further application, based on information provided by the
State or local agencies administering those programs.
Eligibility for free meals is extended to all children in a household if any member has been
identified through the direct certification process as eligible for benefits under the Assistance
Programs. These children are also considered directly certified. LEAs are encouraged to take
appropriate steps to identify these children who are part of the family but were not identified
through direct certification through available means, which may include, but are not limited
to, the use of school district enrollment records.
During the carryover period, categorical eligibility status is extended to any newly enrolled
children who are members of a household with one or more members who were directly
certified under Assistance Programs
MANDATORY DIRECT CERTIFICATION WITH SNAP
All LEAs must directly certify children who are members of households receiving SNAP
benefits. If the child is determined eligible for free benefits through an application, and
subsequently determined free, through direct certification, the application must be
disregarded, and the child will be considered directly certified. The date the application was
disregarded must be indicated and the application must be kept on file.
METHODS OF DIRECT CERTIFICATION
While other Assistance Programs may use a data matching technique, direct certification with
SNAP must use an automated data matching technique, which may require the SNAP agency,
State agency, LEA, or school to compare the student enrollment records and the SNAP benefit
recipient records. This automated data matching technique will most likely be completed by
using either State or central-level matching or local or LEA-level matching.
LETTER METHOD
LEAs may still accept SNAP notification letters to a household as a secondary method of
recognizing categorical eligibility for free meals for SNAP households. Letters to households
may also serve as an additional means to notify households of children’s eligibility based on
receipt of SNAP benefits.
Thus, if a household provides a SNAP eligibility letter to the LEA or school, the letter must be
used to establish eligibility, but it is not considered direct certification for reporting purposes.
This restriction only applies to SNAP and does not impact the use of the “letter method” for
TANF or FDPIR.
45

FREQUENCY OF DIRECT CERTIFICATION MATCHES
Except for districts participating in the special provisions in a non-base year, LEAs must
conduct direct certification with SNAP at least three times during the school year. More
frequent direct certification efforts are permissible and encouraged. The efforts must be
made at a minimum:
 At or around the beginning of the school year, July 1;
 Three months after the beginning of the school year; and
 Six months after the beginning of the school year.
Subsequent direct certification efforts are required for children who were not initially directly
certified and who are currently determined to receive reduced price or paid meals. If the LEA
has the capability, the status of any newly enrolled child must be checked for SNAP eligibility
at the time of enrollment. If this is not possible, the household must be provided with an
application so that the child’s benefits are not delayed until the next scheduled direct
certification update.
ZERO SNAP BENEFIT HOUSEHOLDS
Some SNAP households may be eligible for “zero benefits.” The law restricts categorical
eligibility for free school meals based on SNAP participation to children who are members of a
household receiving SNAP assistance.
SNAP defines benefits as allotments issued on electronic benefit transfer (EBT) cards, or other
means approved by the Secretary, that can be used to purchase food at authorized retail food
stores. Therefore, a child who is a member of a household that is receiving “zero benefits”
from SNAP is not categorically eligible for free meals, unless the child is categorically eligible
for another reason.
For the purposes of direct certification, State agencies must ensure that SNAP matches do not
identify children as categorically eligible for free meals when the children are members of a
household eligible for zero SNAP benefits.
State agencies must work with their counterparts who administer SNAP to assure that direct
certification matching only identifies children as categorically eligible when they are in
households that actually receive SNAP benefits. Any State agency that has included children
who are members of a household eligible for zero SNAP benefits in their direct certification
matching must ensure that their matching process is revised to no longer identify these
children as categorically eligible.

46

DIRECT CERTIFICATION WITH TANF AND FDPIR
Although not required, LEAs are encouraged to conduct direct certification with the TANF
program and FDPIR. Direct certification with these programs may use either an automated
data matching technique or the letter method. If LEAs conduct direct certification with TANF
or FDPIR agencies, there is no requirement on how frequently the contacts are made.
For these programs, direct certification contact should be at or near the beginning of the
school year, July 1, as defined in 7 CFR 210.2. Direct certification may be conducted using
letters provided to eligible participants from TANF or FDPIR agencies that the household
submits to the LEA or school.
REQUIRED DOCUMENTATION FOR ALL DIRECT CERTIFICATION OPTIONS
Documentation to establish children’s eligibility for free meals under direct certification for
Assistance Programs, and to substantiate claims for reimbursement, must include:
 Names of children or any household member currently certified to receive benefits
from assistance programs;
 A statement certifying that each child is a member of a household where someone
receives assistance program benefits;
 At least one form of identifying information matching each child with a child attending
a particular school. Some examples of identifiers are:
o Children’s birth dates
o Addresses
o Parents’ names
o Child’s social security number, if available
o Last four digits of the social security number of the person signing an
application, if available
o Gender
 Date; and
 Signature of an official of the assistance program.
For computer matches which may not include the official’s original signature, sufficient
documentation must include correspondence or a written agreement between the Assistance
Programs office and the LEA that sets out or confirms the manner in which determining
officials would be provided the children’s SNAP, TANF or FDPIR status.
The documentation must be retrievable by school to ensure proper delivery of benefits and to
allow substantiation of the number of children eligible for free meals or free milk.
NOTIFICATION OF ELIGIBILITY ESTABLISHED THROUGH DIRECT CERTIFICATION
The LEA must notify the household about eligibility established through direct certification.
The notification must include the following information:
47






The child is eligible for free benefits;
No further application is necessary;
An explanation of extended eligibility and how to notify the LEA of any additional
children in the household not listed on the notification; and
How to notify the LEA if free benefits for directly certified children are not wanted.

This notification must also be provided to households with children directly certified through
the letter method or through contacts with officials, such as the LEA’s homeless liaison or a
foster care agency.
LEAs must ensure that all households receive either a direct certification notification or an
application. LEAs that distribute the application materials through the mail, individual student
packets, or other method that prevents the overt identification of children who were already
determined eligible through direct certification are not required to distribute application
materials to households in which all children were determined eligible through the direct
certification process.
Notification of a child’s eligibility through direct certification may be done through e-mail if
the LEA has an e-mail address for a parent or guardian.

48

CHAPTER 3: PROCESSING APPLICATIONS
A. DETERMINING COMPLETE APPLICATIONS
To be considered complete, an application must include the required information. Any
application that is missing required information, contains inconsistent information, or is
unclear is considered an incomplete application and may not be processed. The LEA should
make reasonable efforts to contact the household in order to obtain or clarify required
information.
The determining official may not complete the application for the household using
information derived from other records available to the school. Any missing information on
the application must be provided by the household.
If an emancipated child lives alone as a household of one, or as a member of a household
with no adult household members, the emancipated child must sign the application. No
portion of the social security number is required on the application of an emancipated child.
COMPLETE INCOME AND HOUSEHOLD SIZE APPLICATION
Applications may be submitted that provide income information in order to establish free or
reduced price eligibility for all children in the household. A complete application must
provide:
 Names of all household members;
 Amount, source, and frequency of current income for each household member;
 Signature of an adult household member; and
 Last four digits of the social security number of the household’s primary wage earner
or another adult household member, or an indication that the household member
does not have one.
Applications must still request that applicants write a zero when there is no income to report
but will no longer require a separate indication of no income from the applicant.
 A household with any member income field left blank is a positive indication that
there is no income.
 When no income is provided for any of the adult household members, the application
is still considered complete.
 Income for all children is consolidated in one income field on the prototype
application.

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COMPLETE ASSISTANCE PROGRAM APPLICATION
For applications with a case number for an Assistance Program, a complete application must
provide:
 Names of the children for whom the application is made;
 SNAP, TANF or FDPIR case number or identifier, for the children or any household
member listed on the application; and
 Signature of the adult household member completing the application.
Determining officials must ensure that the Assistance Program’s case number – or other
identifier listed on the application – is consistent with the format used by the Assistance
Program in that State. If the case number seems incorrect, the LEA should contact the
household or the local Assistance Program to confirm the household’s eligibility or may verify
the application for cause. Determining officials must obtain the most current certification
information available from Assistance Program officials.
COMPLETE OTHER SOURCE CATEGORICAL ELIGIBILITY (EXCEPT FOSTER CHILDREN)
APPLICATION
Under this designation, an appropriate box or other indication on the application must be
checked to identify the child’s status as homeless, migrant, or runaway. The prototype
application has a box for each category, except Head Start, and households must check the
appropriate one. Enrollment in Head Start does not need to be identified on the application.
The child is determined eligible for free benefits when the LEA documents the child’s status
with appropriate program officials.
A complete application must provide:
 Names of children for whom application is made;
 Indication of child’s categorical eligibility status; and
 Signature of adult household member.
COMPLETE FOSTER CHILD APPLICATION
A foster child is categorically eligible for free meals. An appropriate box or other indication on
the application must be checked to identify the child’s status. The prototype application has a
box for foster child, which must be checked. The child’s status for free meals does not require
confirmation of eligibility status prior to receiving benefits. No further action is required.
A complete application must provide:
 Name of the foster child;
 Indication of the child’s foster care status; and
 Signature of an adult household member.
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COMPLETE APPLICATIONS WITH DIFFERENT TYPES OF ELIGIBILITY
On applications indicating mixed households, where some children are Other Source
Categorically Eligible and some children are not, the LEA must have a method to process
different eligibility statuses that may result from these applications.
After the Other Source Categorical Eligibility has been determined for the appropriate
children through contact with the program liaisons, the LEA must then use the household’s
income and size, which includes the Other Source Categorical Eligible children, to determine if
the non-categorically eligible children listed on the application are eligible for benefits.
In mixed households, Other Source Categorically Eligible children will receive free benefits,
even if the other children listed on the application are determined ineligible or eligible for
reduced price benefits.
A complete mixed application must provide:
 Names of all household members;
 Amount and source of current income for each member and the frequency of income;
 An indication of the program source of Other Source Categorical Eligibility status;
 Signature of an adult household member; and
 Last four digits of the social security number of the household’s primary wage earner
or another adult household member, or an indication that the household member
does not have a social security number.
Applications must still request that applicants write a zero when there is no income to report
but will no longer require a separate indication of no income from the applicant.
 A household with any member income field left blank is a positive indication that
there is no income.
 When no income is provided for any of the adult household members, the application
is still considered complete.
 Income for all children is consolidated in one income field on the prototype
application.
 For a foster child, include any personal income made available to the foster child, or
earned by the foster child.

B. REVIEWING APPLICATIONS
APPLICATION PROCESSING TIMEFRAME
Applications must be reviewed in a timely manner. An eligibility determination must be made,
the family notified of its status, and the status implemented within 10 operating days of the
receipt of the application. Whenever possible, applications should be processed immediately,
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particularly for children who do not have approved applications on file from the previous
year. The LEA may choose to establish the date of submission of an application as the
effective date of eligibility, rather than the date of approval. See SP 11-2014; CACFP 06-2014;
SFSP 11-2014: Effective Date of Free or Reduced Price Meal Eligibility Determinations,
http://www.fns.usda.gov/effective-date-free-or-reduced-price-meal-eligibilitydeterminations
Once an eligibility determination is made, households should be notified immediately. This is
essential if benefits are denied or reduced from the level of the previous year, in order to
provide adequate time for the household to make appropriate arrangements for payment
and prevent the household from accumulating meal charges. A new lower eligibility
determination should be implemented only after the household has been notified.
The LEA must not delay approval of applications, if the household fails to provide any
information that is not required. For example, if an application has all of the required
information for determining eligibility, but the household did not include its street address or
birth dates, processing of the application may not be delayed.
INCOME REPORTING
CURRENT INCOME AND INCOME CONVERSION

For the purposes of certification of eligibility for free or reduced price meals or free milk,
based on household income, the household must provide their current income. The amount
of income must be based on the most recent information available, which may be:
 For the current month,
 Projected for the month for which the application is filled out, or
 For the month prior to application.
If the household’s current income is not a reflection of the amount that will be available over
the school year, the household should contact the LEA for assistance. The LEA would
determine the amount and frequency of income available during the school year for
households. If the household provided only annual income, the LEA must ensure that the
amount is an accurate reflection of the household’s current income.
Questions frequently arise concerning what is to be included as income and what constitutes
a household. The guidance cannot address each individual situation. The LEA’s determining
official should contact the State agency, and potentially, contact the household for further
clarification of the information provided on the application.

52

INCOME RECEIVED AT DIFFERENT INTERVALS
Households may have income from a variety of sources which are paid on different schedules.
For example, the household may receive paychecks on a weekly basis and child support on a
monthly basis.
NO INCOME CONVERSION REQUIRED
If there is only one source of income, or if all sources are received in the same frequency, the
LEA totals all sources and compares the total to the IEGs. For example, if a household of three
only reported receiving a monthly social security check and monthly child support, those
amounts would be added together and the result compared to the IEG monthly category for a
household of three.
INCOME CONVERSION REQUIRED
If there are multiple income sources with more than one frequency, the LEA must annualize,
that is, calculate all income as for an entire year, by multiplying:
 Weekly income by 52; or
 Bi-weekly income (received every two weeks) by 26; or
 Semi-monthly income (received twice a month) by 24; or
 Monthly income by 12.
Do not round the values resulting from each conversion. Add all of the un-rounded converted
values and compare the un-rounded total to the appropriate IEG for annual income and
household size.
LEAs may not use conversion factors such as 4.33 to convert weekly income or 2.15 to convert
bi-weekly income to monthly amounts. If the LEA uses software for application or certification
purposes, the software cannot use conversion factors and cannot automatically convert
income unless there are different frequencies.
INDICATING INCOME AND INCOME SOURCES
Each household must provide the total amount of current income. The prototype application
requires that all income figures be reported in whole dollars only. Income earned or received
by adults must be identified with the individual who received it, and the source, such as
wages, or social security. Income for non-adults – infants, children, and students enrolled in
school and eligible to participate regardless of age – must be combined into a single income
reporting field, as these individuals rarely have income to report.
However, if the LEA does not use the prototype application, income is recorded as previously
required, in dollars and cents, and income received by individual children is recorded for each
child.
53

Each household member who does not have income should also be identified. Household
members must be asked to report their status as “zero income” earners. Zero income may be
indicated by writing in “zero” or “no income,” or by inserting $0. When no income is provided
for any of the adult household members, the application is still considered complete. The
application form must also include a clear and easy to understand instruction that
communicates to households that any income field left blank is a positive indication that
there is no income to report.
If local officials have knowledge or available information that a household has intentionally
misreported its income by leaving the income fields blank, the LEA must verify the
household’s application for cause.
DETERMINING ELIGIBILITY FOR APPLICATIONS
How the determining official determines eligibility when the household submits an
application depends on the basis for potential eligibility— income eligibility, categorical
eligibility with case numbers, or Other Source Categorical Eligibility without case numbers.
DETERMINATION BASED ON INCOME
It is the responsibility of the determining official to compute the household’s total current
income and compare the total amount to the appropriate IEGs.
 Determining officials must determine countable income. See: Determining Household
Reportable Income.
 Households that submit a complete application indicating total household income at
or below the income limits for free or reduced price benefits must be approved for
free or reduced price benefits, as appropriate.
 Households that submit an incomplete application cannot be approved if required
information is missing. The missing information must be obtained before an eligibility
determination can be made.
o To get the required information, the school or LEA may return the application to
the household or contact the child’s parent or guardian, either by phone or in
writing, including e-mail. The determining official should document the details of
the contact, and date and initial the entry.
o Applications that provide pay stubs, but do not indicate the amount of income for
each adult household member on the application are considered incomplete.
o Applications missing the signature of an adult household member must be
returned to the household for a signature.
o Every reasonable effort should be made to obtain the missing information prior to
denying the application.

54

DETERMINATION USING CASE NUMBERS
The determining official must assure that the Assistance Program case number or other
identifier, consistent with the identifiers used in that program in that State, are valid.
Determining officials need to be familiar with the format of valid case numbers or other
identifiers. Determining officials must ensure that the Assistance Program’s case number – or
other identifier listed on the application – is consistent with the format used by the Assistance
Program in that State. If the case number seems incorrect, the LEA should contact the
household or the local Assistance Program to confirm the household’s eligibility.
LEAs are encouraged to review the direct certification list to determine whether any of the
applications with case numbers can be matched with children on the direct certification list. If
a match is found, the application should be disregarded and categorical eligibility must be
applied to all children within the household. When a match is not found, the LEA should
contact the household for further clarification. If the LEA still considers the application to be
questionable, the determining official may verify the application for cause.
Only the SNAP case number may be used to determine eligibility; for example, the electronic
benefit transfer (EBT) card number used by SNAP may not be used to establish categorical
eligibility.
DETERMINATION FOR OTHER SOURCE CATEGORICALLY ELIGIBLE APPLICATIONS
When an LEA receives an application with any of the Other Source Categorical Eligibility
categories checked, the determining official must document eligibility for each child, prior to
providing benefits. An appropriate program official must confirm a child’s status, either
through direct contact with the agency or by a list of names provided by the agency. Unlike
categorical eligibility under Assistance Programs, which extends eligibility to all children in the
household, Other Source Categorical Eligibility must be determined individually for each child.
INDEPENDENT REVIEW OF APPLICATIONS
Beginning in SY 2014-15, LEAs designated by the State agency as demonstrating high levels of,
or a high risk for, administrative error associated with certification and benefit issuance are
required to conduct a second review of applications.
A second review of applications requires a re-evaluation of the eligibility determination made
by the original determining official, based on the information provided by the household on
the application. The second review must determine whether the application is complete with:
 Signature of an adult household member,
 Last four digits of a social security number or an indication of “none,”
 Names of all household members, including the children for whom the application is
made, and
55



Income amount received by each household member, identified by the individual who
receives it.

The second review must also confirm that the application was correctly approved based on
current income eligibility information, as applicable, and that the master list or roster of
children’s names correctly records their eligibility.
The second review of applications must be done before the household is notified of eligibility
and must not result in the delay of an eligibility determination. LEAs required to conduct a
second review of applications are still required to notify households of the child’s eligibility
determination within 10 operating days of receiving the application. See SP 44-2014:
Questions and Answers Related to the Independent Review of Applications,
http://www.fns.usda.gov/qas-related-independent-review-applications.

C. APPROVED APPLICATIONS
Households must be notified, either in writing or verbally, of their eligibility status as
approved for free or reduced price benefits. The LEA may e-mail the notification of the
household’s approval for meal benefits to the adult household member who signed the
application.
Determining officials must record the eligibility determination as follows:
 Indicate approval date;
 Indicate the level of benefit for which each child is approved, if it is different; and
 Sign or initial the application.
The determining official must sign or initial and date each application, or sign or initial and
date a cover sheet attached to a batch of applications.
Recording this information will depend on the LEA’s application method:




The prototype application may be modified to collect this information, or it can be
recorded in the margins or on a separate piece of paper attached to the application.
A notation should be made to an electronic file.
A computer system should be able to capture the original date of approval, the basis
for the determination (that is what household size and income was used), and update
the status of applications to account for transfers, withdrawals, terminations, and
other changes.

56

DELIVERY OF BENEFITS
The LEA must provide benefits promptly. Eligible children may receive benefits immediately
and the LEA may assume consent, if refusal has not been received within a certain number of
days, as determined by the LEA. The LEA has a regulatory obligation to verify “for cause” all
approved applications that may be questionable.
However, the verification effort cannot delay the approval of the application. If an application
is complete and indicates that the child is eligible for free or reduced price benefits, the
application must be approved. Only after the determination of eligibility has been made can
the LEA begin the verification process.
If the household refuses free meal benefits, the LEA must discontinue benefits immediately
and must document the refusal.
FLEXIBILITY IN DETERMINING THE EFFECTIVE DATE FOR CHILDREN RECEIVING FREE
OR REDUCED PRICE BENEFITS
Children are eligible for free or reduced price benefits on the date their eligibility is
determined. Flexibility exists to allow LEAs to move the effective date of eligibility back under
various circumstances. LEAs processing applications or determining eligibility through direct
certification while using this flexibility must do so consistently for all children, in all
participating schools and Programs. LEAs electing to exercise this flexibility must notify the
State agency.
The effective date of free eligibility determinations is available to LEAs when determining the
date of eligibility for children who are directly certified to receive free school meals or free
milk.
For LEAs using the direct certification method, the effective date of eligibility for free school
meals or free milk is the date of the automated data matching file or benefit recipient file
from another agency, which first identifies the child as eligible for direct certification, rather
than the date the LEA accesses and processes the automated data matching file into the local
point of service system. To be used for this purpose, the data file must be generated and
received by the LEA in the current school year. Automated data matching is the only method
of direct certification acceptable for SNAP.
Letter, lists, or other forms of documentation may be used to directly certify children as
members of TANF and FDPIR households, as well as Other Source Categorically Eligible
Programs. LEAs using this flexibility may consider the effective date of eligibility for benefits
to be the date the household or appropriate State or local agency submitted the letter, list, or

57

other form of documentation to the LEA. The flexibility in determining the effective date of
eligibility also applies to the letter method of documentation from SNAP.
If categorical eligibility is based on SNAP, TANF, or FDPIR, the extended eligibility provision
applies. This includes children who are extended eligibility because they are members of the
same household as a child identified as receiving SNAP, TANF, or FDPIR benefits.
LEAs using this flexibility for direct certification must document the effective date used, such
as:
 A date stamp of the dates that letters or lists from other agencies are received, or
 The documented, traceable run date of automated match files or recipient benefit
files from another appropriate agency.
See SP 51-2014, Eligibility Effective Date for Directly Certified Students,
http://www.fns.usda.gov/eligibility-effective-date-directly-certified-students.
For LEAs processing applications, children are generally certified eligible for free or reduced
price benefits on the date the household application is approved. However, LEAs have
flexibility concerning the effective date of certification for school meal benefits or free milk. If
the LEA chooses, it could establish the date of submission of an application as the effective
date of eligibility, rather than the date the official approves it. See SP 11-2014, CACFP 062014, SFSP 11-2014: Effective Date of Free or Reduced Price Meal Eligibility Determinations,
http://www.fns.usda.gov/effective-date-free-or-reduced-price-meal-eligibilitydeterminations.
LEAs processing applications or determining eligibility through direct certification must refund
any money paid by or on behalf of the child for a reimbursable meal or milk during the period
from the free or reduced price meal eligibility effective date through the date the certification
is actually implemented at the local school, including forgiving accrued debt, for any meals or
milk adjusted to free due to the change in effective date. The LEA can only claim those meals
or milk at the reduced or free reimbursement rate if the student is given a refund or the debt
is discharged.
DURATION OF ELIGIBILITY
A child’s eligibility is in effect from the date of eligibility for the current school year until a
new application is approved or denied or children are directly certified, up to 30 operating
days into the subsequent school year. If no new application is submitted or children are not
directly certified in the subsequent school year, children must continue to receive the
previous year’s level of benefits for up to 30 operating days.

58

However, officials must make appropriate changes in eligibility, if:
 The initial eligibility determination was found to be incorrect during a second review
of applications or an administrative review; or
 When verification of household eligibility, including verification for cause, does not
support the level of benefits for which the household was approved.
Temporary approval of eligibility is no longer permitted because of the year-long duration of
eligibility provision. If there is concern about the authenticity of the information provided on
an application, the school or LEA may, on a case by case basis, verify the approved application
for cause.
CARRYOVER OF PREVIOUS YEAR’S ELIGIBILITY
Children are eligible for school meal benefits or free milk for the school year and for up to 30
days in the subsequent school year. The LEA must permit a carryover period of 30 operating
days, beginning on the first operating day of school, or until a new eligibility determination is
made. The LEA may not have a carryover period of less than 30 operating days.
Carryover is in place to allow schools, especially in large LEAs, an appropriate amount of time
to process applications. However, the carryover period is not intended to allow schools to
delay the processing of applications. Instead, schools must process applications as they are
received and promptly notify the household of their eligibility status.
The LEA must carryover eligibility and claim free or reduced price benefits served to:
 Children from households with approved applications on file from the previous year;
 Newly enrolled children from households with children who were approved for benefits in
the LEA the previous year;
 Children from households directly certified for free benefits in the previous school year;
 Children determined Other Source Categorically Eligible for free benefits in the previous
school year;
 Children in kindergarten who were enrolled in Head Start under the jurisdiction of the
same LEA during the previous school year; and
 Children previously approved who transfer from one school to another school under the
jurisdiction of the same LEA;
For children transferring within the same LEA from a school using Provisions 1, 2, or 3 to a
non-provision school, carryover is applicable only if the prior year was a base year and the
child’s individual eligibility information is available. If the applications are not centrally
maintained, both the “sending” and the “receiving” schools must maintain copies of the
child’s approved application from the previous school year.
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Children from schools participating in the Community Eligibility Provision (CEP) who transfer
within the same LEA to a school not participating in CEP must either complete an application
or be determined eligible through direct certification. If a child’s direct certification
information from the previous year is available, the child may receive free benefits during the
carryover period.
For children who transfer to a new LEA, at the beginning of the new school year or during the
summer months, the new LEA may use the former LEA’s eligibility determination from the
previous school year and carry over the eligibility status, until a new determination is made,
for up to 30 operating days. The new LEA may accept the former LEA’s eligibility
determination during the carryover period without incurring liability for the accuracy of the
determination.
TRANSFERRING ELIGIBILITY
TRANSFERRING WITHIN THE SAME LEA
If a child transfers to another school in the same LEA in the same school year, the child’s
eligibility must be transferred.
When a child transfers within the same LEA from a school using Provision 1, 2, or 3 to a nonprovision school in the base year, the child’s eligibility status also transfers. However, if a
transfer from a provision to a non-provision school occurs during a non-base year, a new
application is required, unless current individual eligibility status is available through direct
certification or an approved application for another child in the household.
When a child transfers within the same LEA from a school using CEP to a non-CEP school, a
new application or direct certification is required, unless the child’s individual eligibility
information was determined through direct certification, in the same school year, and is
available. If there is an approved income or categorical eligibility application for another child
in the household, that eligibility status can be used.
TRANSFERRING TO ANOTHER LEA
LEAs and schools are encouraged, but not required to share available eligibility data with a
new LEA when a child transfers. When a child transfers to another LEA, the new LEA may
accept the eligibility determination from the child’s former LEA without incurring liability for
the accuracy of the initial determination.
When a copy of an application is provided, the accepting LEA should review the application
for arithmetic errors and compare the income and household size to the applicable IEGs to
assure that the correct level of benefits had been assigned. If the accepting LEA determines
60

that an arithmetic error occurred, the accepting LEA must notify the household that it must
file a new application in order to receive benefits. Also, the accepting LEA must make changes
that occur as a result of any verification activities or review findings the LEA conducts.
When a child in a CEP school transfers to another LEA, the new LEA may accept the eligibility
determination from the child’s former LEA, if the eligibility was based on current direct
certification or there is an approved application for other children in the household who do
not attend a CEP school. If current eligibility is not available from the sending LEA, the child
must either be directly certified by the receiving LEA or submit an application.
TRANSFERRING DURING THE SCHOOL YEAR
When a child transfers to another school within the LEA, the date of the transfer must be
noted on the application and the point of service must be updated. If the LEA has an
application on file and any change is made after the initial approval for the current school
year, the determining officials must:
 Note the change;
 Write the date of the change on the application; and
 Implement the change by updating rosters or other methods used at point of sale, if
necessary.
CHANGE IN HOUSEHOLD CIRCUMSTANCES
Households are not required to report changes in income or household size or changes with
regard to participation in a program that makes the children categorically eligible. However,
families may voluntarily report changes. If a change is reported that will increase benefits, the
LEA must put that change into effect.
However, if the change will decrease benefits (from free to reduced price) or terminate
benefits (from free or reduced price to paid), the LEA must explain to the household that the
change does not have to go into effect, but the household may request that the lower
benefits go into effect. Even if benefits are decreased at the household’s request, the LEA
must send a notice indicating the change in the household’s eligibility status. For voluntary
withdrawals, the LEA should indicate – in writing – that benefits are being terminated at the
request of the household. This provides written confirmation of the request and the
household’s right to continue receiving free or reduced price benefits.
If any change is made after the initial approval of eligibility for free or reduced price benefits
during the current school year – such as a household’s request to decrease their meal
benefits or voluntary withdraw – the determining officials must indicate the change on the
application, using the same method used to record initial eligibility determinations, by:
 Noting the change;
61




Recording the date of the change; and
Implementing the change by updating rosters or other methods used at point of sale,
if necessary.

D. DENIED APPLICATIONS
If a household provides an incomplete application or does not meet the eligibility criteria for
free or reduced priced benefits, the application must be denied. Households with children
who are denied benefits must be provided with written notification of the denial.
The written notification of denial can be provided by mail or e-mail to the adult household
member who signed the application. The “notification” page of an online system does not
meet this requirement. LEAs that use automated telephone information systems must also
give written notification of denial.
The notification must advise the household of:
 Reason for denial of benefits;
 Right to appeal;
 Instructions on how to appeal; and
 Ability to re-apply for free and reduced price benefits at any time during the school
year.
A notice of denial is not required if the household fails to reapply during the carryover period
as eligibility was not established for the current school year.
Determining officials must record the eligibility determination and notification in an easily
referenced format that includes the:
 Denial date,
 Reason for denial,
 Date the denial notice was sent, and
 Signature or initials of the determining official (may be electronic, where applicable).

E. APPEALS AND HEARING PROCEDURES
A household may appeal either the denial of benefits or the level of benefits for which it has
been approved. When a household requests an appeal, the hearing procedures outlined in
the LEA’s free and reduced price policy statement and in Program regulations must be
followed. The regulation under 7 CFR 245.7 states:
62

The hearing procedure shall provide for both the family and the local educational agency:
 A simple, publicly announced method to make an oral or written request for a hearing;
 An opportunity to be assisted or represented by an attorney or other person;
 An opportunity to examine, prior to and during the hearing, any documents and
records presented to support the decision under appeal;
 That the hearing shall be held with reasonable promptness and convenience, and that
adequate notice shall be given as to the time and place of the hearing;
 An opportunity to present oral or documentary evidence and arguments supporting a
position without undue interference;
 An opportunity to question or refute any testimony or other evidence and to confront
and cross-examine any adverse witnesses;
 That the hearing shall be conducted and the decision made by a hearing official who
did not participate in making the decision under appeal or in any previously held
conference;
 That the decision of the hearing official shall be based on the oral and documentary
evidence presented at the hearing and made a part of the hearing record;
 That the parties concerned and any designated representative shall be notified in
writing of the decision of the hearing official;
 That a written record shall be prepared with respect to each hearing, which shall
include the challenge or the decision under appeal, any documentary evidence and a
summary of any oral testimony presented at the hearing, the decision of the hearing
official, including the reasons therefor, and a copy of the notification to the parties
concerned of the decision of the hearing official; and
 That the written record of each hearing shall be preserved for a period of 3 years and
shall be available for examination by the parties concerned or their representatives at
any reasonable time and place during that period.
The hearing procedure in the LEA’s free and reduced price policy statement must be followed.
The hearing official must be an individual who is not connected with the approval or
verification process. The household may request a school conference prior to a formal
hearing. However, the conference must not prejudice a later appeal.
NOTICE OF ADVERSE ACTION
All households for whom benefits are to be reduced or terminated must be given 10 calendar
days’ written advance notice of the change. The first day of the advance notice period is the
day the notice is sent. The notice of adverse action may be sent via the postal service or to
the e-mail address of the parent or guardian. The LEA cannot notify the household of adverse
action by phone.

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The notice must advise the household of the following:
 Change in benefits;






Reasons for the change;
An appeal must be filed within the 10 calendar days advance notice period to ensure
continued benefits while awaiting a hearing and decision;
Instructions on how to appeal;
The household may reapply for benefits at any time during the school year; and
Households that were terminated because no member was receiving benefits from an
Assistance Program may submit an application containing household names and
income information and provide written evidence of current household income.

BENEFITS DURING AN APPEAL
When a household appeals a reduction or termination of benefits within the 10 calendar day
advance notice period, the LEA must continue to provide the benefits for which the child was
originally approved, until a final determination is made. The LEA may continue to claim
reimbursement at that level during this period.
When a household does not request an appeal during the 10 calendar day advance notice
period, benefits must be reduced or terminated no later than 10 operating days after the
notice period. If the hearing official rules that benefits must be reduced, the actual reduction
or termination of benefits must take place no later than 10 operating days after the hearing
official’s decision.
Households affected by a reduction or termination of benefits may reapply for benefits at any
time during the school year. However, if benefits to a household have been terminated
because of failure to complete the verification or verification for cause process and the
household reapplies in the same school year, the household is required to submit income
documentation or proof of participation in Assistance Programs at the time of reapplication.
These are not considered new applications.

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CHAPTER 4: VERIFICATION
A. VERIFICATION OVERVIEW
Verification is confirmation of eligibility for free and reduced price school meals. Verification
is only required when eligibility is determined through the application process, not through
direct certification conducted with an Assistance Program or with agencies or officials who
documented Other Source Categorical Eligibility.
Verification must include confirmation of either income eligibility; or that the child or any
member of the household is receiving assistance under SNAP, FDPIR, or TANF; or that the
child is Other Source Categorically Eligible.
Verification may also include confirmation of any other information required on the
application, such as household size.
Verification efforts are not required:
 For children who have been certified under direct certification procedures, including
children documented as eligible migrant, runaway, homeless children; foster children;
and children enrolled in Head Start;
 For children in RCCIs, except for applications for any non-residential students
attending the institution;
 In schools where FNS has approved special cash assistance claims based on economic
statistics regarding per capita income, such as in Puerto Rico and the Virgin Islands;
 In schools participating only in the SMP;
 In schools with non-pricing programs, which claim only the paid rate of
reimbursement, where all children are served with no separate charge for food service
and no special cash assistance is claimed;
 In LEAs where all schools participate in CEP or in Provisions 1, 2, 3, except in the base
years in Provision 1, 2, or 3 schools in which applications are taken for all children in
attendance; and
 For other FNS determined exemptions, on a case-by-case basis.

65

KEY VERIFICATION TERMS
DIRECT
VERIFICATION

Use of records from public agencies to verify income or program
participation.

ERROR PRONE

Applications within $100 per month of the applicable IEGs.

RANDOM
SAMPLING

Each application has an equal chance of being selected. A statistically valid
random sample is not required. The LEA must determine a selection interval by
dividing the number of applications by the required sample size.

SAMPLE POOL

The total number of applications approved as of October 1.

SAMPLE SIZE

The number of applications subject to verification; the minimum and maximum
sample size is three percent total or 3,000 applications, whichever is less.

INITIAL VERIFICATION
Each LEA must annually verify eligibility of children from a sample of household applications
approved for free and reduced price benefits for that school year, unless the State agency
assumes responsibility for verification on behalf of its LEAs.
The LEA may begin verification activity once the application approval process for the current
school year is underway and there are approved applications on file. To do so, the LEA may
project the number of approved applications (sample pool) that it anticipates will be on file
on October 1.
The projected number is based on prior years’ experience. However, the final sample pool is
the actual number of approved applications on file as of October 1. The sample size must be
based on the October 1 sample pool. Any estimates must be compared with the actual
number of applications on file on October 1, and the sample pool and sample size must be
adjusted accordingly. If October 1 falls on a weekend, use the next operating day to establish
the sample pool.
ESTABLISHING THE SAMPLE POOL
The sample pool uses the total number of approved applications on file as of October 1 of the
current school year. LEAs may choose not to count applications for students in split-session
kindergarten programs participating in the SMP when determining the verification sample
pool.
The sample pool depends on the number of approved applications, paper or electronic, and is
not based on the number of children eligible for free and reduced priced benefits.
If applications are submitted for “mixed households,” which include children who are eligible
based on income and others based on Other Source Categorical Eligibility, these applications
are subject to verification and are included in the sample pool.
66

ESTABLISHING THE SAMPLE SIZE
Once the sample pool is determined, the LEA calculates the sample size—the number of
applications that must be verified. When calculating the sample size, all fractions or decimals
are rounded upward to the nearest whole number. At least one application must always be
verified.
With the exception of verification for cause, LEAs must not verify more than or less than the
standard sample size or the alternate sample size (when used), and must not verify all (100%)
of applications. Verification conducted “for cause” is done in addition to the required
verification sample size.
VERIFICATION COMPLETION DEADLINES
The LEA must complete the verification activities specified in this section no later than
November 15 of each school year. However, the LEA may request an extension of the
November 15 deadline, in writing, from the State agency. The State agency may approve, in
writing, an extension up to December 15 of the current school year, due to natural disaster,
civil disorder, strike, or other circumstances that prevent the LEA from the timely completion
of verification activities. A request for an extension beyond December 15 must be submitted
by the State agency to the FNSRO for approval.
VERIFICATION FOR CAUSE
The LEA has an obligation to verify all questionable applications (“verification for cause”).
Such verification efforts cannot delay the approval of applications. If an application is
complete and indicates that the child is eligible for free or reduced price l benefits, the
application must be approved.
Only after the determination of eligibility has been made can the LEA begin the verification
process. Determining officials are strongly encouraged to contact the household during the
certification process to clarify any information that is unclear or questionable, before
certifying the application and proceeding with verification for cause. Once households have
been requested to provide documentation for cause, the LEA must complete the verification
process for these households.
FNS supports use of verification for cause where appropriate as a method for LEAs to
address integrity concerns. To verify an approved application for cause, the LEA must send
the household a Notification of Selection. This notification letter may be sent with the Notice
of eligibility. The LEA verifies applications for cause following the procedures in this Chapter.
Any household that fails to submit requested verification information by the date specified
by the LEA or that submits verification information that does not support the initial
determination of eligibility must be sent a notice of adverse action.
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QUESTIONABLE APPLICATIONS AND INFORMATION
LEAs have an obligation to follow-up on questionable and incomplete information when
reviewing applications submitted for free and reduced price meals or free milk. Prior to
certifying children for benefits, the determining official should review the application for any
discrepancies in the information provided.
If a discrepancy is found, the determining official should:
 Seek clarification about the information provided in order to make a determination
in a timely manner;
 Deny the application with an explanation that incomplete information was provided;
or
 Approve the application, and verify for cause.
VERIFICATION FOR CAUSE FOR SCHOOL DISTRICT EMPLOYEES
LEAs can use verification for cause to review approved applications when known or available
information indicates school district employees may have misrepresented their incomes on
their applications.
Verification for cause must not be used to automatically verify the households of all school
district employees whose children are certified for free or reduced price benefits. However,
from among the list of children approved, the LEA could identify children of school district
employees and use salary information available to the LEA to identify questionable
applications and then conduct verification for cause on those questionable applications.
It is recommended that an LEA consult with legal counsel in establishing the parameters of
verification for cause for school district employees. State agencies should assist in ensuring
that LEAs balance administrative requirements and integrity with access to free and reduced
price benefits for eligible children.
FNS supports use of verification for cause where appropriate as a method for LEAs to address
integrity concerns. LEAs and their legal counsel are strongly encouraged to consult with the
State agency prior to undertaking verification for cause where concerns with employee
misrepresentation of information on a household income eligibility application have been
raised.

68

B. APPLICATION SELECTION PROCEDURES
AVAILABLE SAMPLE SIZES
There are three sample sizes established for verification activities. The standard sample size
must be used by LEAs unless it qualifies to use one of the alternate sample sizes.
STANDARD SAMPLE SIZE is the lesser of:
 Three percent (3%) of all applications approved by the LEA for the school year, as of
October 1 of the school year, selected from error prone applications; or
 3,000 error prone applications approved by the LEA for the school year, as of October
1 of the school year.
ALTERNATIVE SAMPLE SIZES that the LEA may qualify to use:
 Alternate One, where the sample size equals the lesser of:
o Three percent of all applications approved by the LEA for the school year, as of
October 1 of the school year, selected at random; or
o 3,000 applications approved by the LEA for the school year, as of October 1 of the
school year, selected at random.
 Alternate Two, where the sample size equals the lesser of the sum of:
o Either
o 1,000 of all applications approved by the LEA, as of October 1 of the school
year, selected from error prone applications; or
o One percent of all applications approved by the LEA, as of October 1 of the
school year, selected from error prone applications;
o PLUS the lesser of:
o 500 applications approved by the LEA, as of October 1 of the school year,
which provide case numbers in lieu of income information; or
o One-half (½) of one percent of applications approved by the LEA ,as of
October 1, of the school year that provide case numbers in lieu of income
information.

COMPLETING THE SAMPLE SIZE
For sample sizes based on error prone applications, there may not be enough applications
that meet this criterion. When this happens, the LEA must select, at random, additional
approved applications to complete the required sample size.
In other situations, the number of error prone applications may exceed the required sample
size. When this happens, the LEA must randomly select the required number of applications
from all error prone applications.
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QUALIFYING TO USE AN ALTERNATE SAMPLE SIZE
There are two ways an LEA may annually qualify to use an alternate sample size based on
lowered non-response rates.
 Lowered Non-Response Rate: Any LEA may use an alternate sample size for any school
year when its non-response rate for the preceding school year is less than 20 percent.
For example, for SY 2014-2015, the LEA could have elected to use one of the alternate
sample sizes because in SY 2013-2014, the LEA’s non-response rate was 18 percent.
 Improved Non-Response Rate: An LEA with more than 20,000 children approved by
application as eligible, as of October 1 of the school year, may use an alternate sample
size for any school year when its non-response rate for the preceding school year is at
least 10 percent below the non-response rate for the second preceding school year.
The following is an example of how an LEA may qualify based on an improved non-response
rate:
Year 1: School Year 2012-2013
 The LEA had 21,000 children approved for free or reduced price meal benefits based
on a total of 6,000 approved applications
o Therefore, 180 household applications (3% of 6,000) must be verified
 Of those 180 households, 45 households failed to respond to verification requests,
which results in a non-response rate of 25% (45 ÷ 180 as a percentage)
 The LEA must improve the 25% non-response rate by at least 10%
 The improvement rate is calculated by multiplying the non-response rate by 10%,
which is 25% x 10%= 2.5%
Year 2: School Year 2013-2014
 The LEA had 6,000 approved applications, so the sample size is 180 (3% of 6,000)
 The number of non-respondents was reduced to 40 which is a non-response rate of
22.2% (40 ÷ 180 as a percentage)
 The next step is to calculate the level of improvement needed between Year 1 and
Year 2, by subtracting Year 1’s non-response improvement rate from Year 2’s nonresponse rate (25% minus 2.5%= 22.5%)
 Since 22.2% is less than the minimum non-response rate of 22.5%, there is more than
a 10% improvement
 The LEA is qualified to use an alternate sample size for School Year 2012-2013.
Year 3: School Year 2014-2015
The LEA could choose to use one of the alternate sample sizes for its verification activities.

70

CONTINUING ELIGIBILITY FOR USE OF AN ALTERNATE SAMPLE SIZE
The LEA must annually determine if it is eligible to use one of the alternate sample sizes. If the
LEA determines it is eligible, it must contact the State agency in accordance with any
procedures established by the State agency for approval prior to use of alternate sample
sizes.
Each State agency must establish a procedure for LEAs to designate use of an alternate
sample size. The State agency may also establish criteria for reviewing and approving the use
of an alternate sample size, including deadlines for submissions.
POST SELECTION PROCEDURES
There are two procedures that the LEA completes prior to contacting the household to obtain
documentation of eligibility. These are the required confirmation reviews and the optional
replacement of certain applications.
CONFIRMATION REVIEWS
Prior to any other verification activity, a determining official, other than the official who made
the initial eligibility determination, must review each approved application selected for
verification to ensure that the initial determination was accurate.
This requirement is waived if the LEA uses a technology-based system that demonstrates a
high level of accuracy in processing an initial eligibility determination. The LEA must contact
the State agency to determine if its system qualifies them for this waiver.
Further, any LEA that conducts a confirmation review of all applications at the time of
certification is not required to conduct confirmation reviews prior to verification.
Depending on the outcome of each confirmation review, the LEA takes one of the following
actions:
No Change in
Status
Status Change
From Reduced
Price to Free

If the initial eligibility status was correct, the LEA verifies the application.
The LEA:
 Makes the increased benefits available immediately;
 Notifies the household of the change in benefits; and
 Verifies the application.

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Status Change
From Free to
Reduced Price

Status Change
From Free or
Reduced Price
to Paid

The LEA:
 Does not change the child’s status; and
 Verifies the application.
If the child’s free status is verified, the LEA does not notify the household. However,
if the child’s status changes from free to either reduced price or paid, the household
is sent a notice of adverse action.
The LEA:
 Immediately sends the household a notice of adverse action;
 Does not verify the application;
 Selects a similar application, such as another error-prone application, for
verification; and
 Follows the confirmation review procedures for the newly selected application.

REPLACING APPLICATIONS
After completing the confirmation reviews, the LEA may, on a case-by-case basis, replace up
to five percent of applications selected. Applications may be replaced when the LEA believes
that the household would be unable to satisfactorily respond to the verification request.
Any application removed must be replaced with another approved application selected on
the same basis, that is, an error-prone application must be substituted for a withdrawn errorprone application. The newly selected application must then have confirmation review.
In those LEAs where five percent of total applications result in less than one, one application
may still be replaced. All results of the five percent calculation are rounded up to the next
whole number.
HOUSEHOLD NOTIFICATION OF SELECTION
Once the LEA has completed the post selection procedures, the LEA proceeds with household
notification.
CONTACTING THE HOUSEHOLD
When a household is selected for verification and is required by the LEA to submit documents
or other forms of evidence to document eligibility, the household must be sent a letter
informing them of their selection and of the types of information acceptable to the LEA.
The letter must include the following:
 That the household was selected for verification;
 Use of Information Statement (note that the social security numbers for all household
members is no longer required for verification);

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







The types of acceptable information that may be provided to confirm current income,
including pay stubs, award letters from assistance agencies for benefits such as social
security or SSI, and support payment decrees from courts;
That the household may provide proof that a child or any household member is receiving
benefits under the Assistance Programs instead of providing income information or that a
child is Other Source Categorically Eligible; that documentation of income or receipt of
assistance may be provided from any point in time between the month prior to
application and the time the household is required to provide income documentation;
That information must be provided by a date specified by the LEA and that failure to do so
will result in termination of benefits;
Name of an determining official who can answer questions and provide assistance; and
A no-cost to the household telephone number.

When the LEA uses agency records or direct verification to confirm eligibility, a letter
informing the household of its selection for verification is not required, since the household
will not have to provide documents.
For verification inquiries, the LEA must provide a telephone number that is available at no cost
to the household. The LEA may establish a toll-free number or allow the household to reverse
the charges if any household in that LEA are outside the local calling area. The LEA may also
provide different telephone numbers for each local calling area within the LEA.

C. SOURCES FOR VERIFICATION
WRITTEN EVIDENCE
Written evidence is the primary source of eligibility confirmation for all households, including
TANF, FDPIR, Other Source Categorical Eligibility Programs, and foster child households.
Written evidence is most often pay stubs from employers or award letters from welfare
departments or other government agencies submitted to the verifying officials as
confirmation of eligibility.
Acceptable written evidence for income eligible households contains the name of the
household member, amount of income received, frequency received, and the date the
income was received. For example, a pay stub with no dates would be insufficient.
Acceptable written evidence for children who are receiving benefits from an Assistance
Program is an official letter or notice indicating that the child or any household member is
receiving benefits from that program. For example, a notice of eligibility is sufficient.

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For Other Source Categorical Eligibility Programs, acceptable written evidence is an official
letter, notice, or list from the appropriate State agency, Social Service agency, or program
office or coordinator, or court.
The verifying official should examine the document provided to ensure that the child for
whom the application was made is part of a household currently participating in any of these
programs noted above or is a foster child. Electronic Benefit Transfer (EBT) cards cannot be
used to confirm eligibility in SNAP and therefore cannot be used for categorical eligibility
purposes.
A household that does not have satisfactory documentation may request a signed, dated
letter from these offices verifying that the child is part of a household currently receiving their
benefits.
A document from an Assistance Program that does not specify the certification period does
not meet the documentation for verification. For example, the SNAP identification card is not
acceptable because it usually does not have an expiration date.

COLLATERAL CONTACTS
A collateral contact is a person outside of the household who is knowledgeable about the
household’s circumstances and can give confirmation of a household’s income participation in
Assistance Programs or Other Source Categorical Eligibility Program sources. Collateral
contacts include employers, social service agencies, migrant workers’ agencies, and religious
or civic organizations. The verifying official should request a collateral contact only in cases
when the household has not been able to provide adequate written evidence.
The verifying official must give the household the opportunity to designate the collateral
contact. However, the verifying official may select a collateral contact if the household fails to
designate one or designates one who is unacceptable to the verifying official. In either case,
no contact may be made without first notifying the household and obtaining its permission.
All collateral contacts may be written or oral and must be documented, dated, and initialed.
The LEA will examine any written information provided by the collateral contact or evaluate
any oral information. If the collateral contact is unwilling or unable to provide the requested
information, the LEA must contact the household to complete the verification process.
Verification of eligibility for households that provided an Assistance Program case number on
the application may be accomplished by submitting a list of names and Assistance Programs
case numbers to the local SNAP or welfare office for confirmation of certification of receipt of
benefits from agency records. (SEE: Direct Verification.)
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AGENCY RECORDS
A household’s eligibility may be confirmed through the use of information maintained by
other government agencies to which the State agency, LEA, or school has legal access.
Although USDA regulations do not require that households be notified of selection when
verification is made through agency records, such agencies may have their own notification
requirements.
One source of agency records is the wage and benefit information maintained by the State
employment agency if that information is available to the verifying official. Such records are
State records, and the release of information maintained by State employment offices is
governed by State law. (See: Direct Verification.) If the LEA contacts the another agency well
in advance of the November 15 deadline and the other agency does not respond, the LEA has
a valid reason to ask the State agency to extend the deadline.
Acceptable documentation of income or receipt of assistance from any of the above
sources may be provided for any point in time between the month prior to application and
the time the household is required to provide income documentation.

WHEN A HOUSEHOLD PROVIDES PAY STUBS
If a weekly pay stub is representative of what the household normally receives each week,
one pay stub is sufficient.
If the household submits a pay stub that includes overtime, the determining official should
work with the household to determine whether the overtime for the month being verified is
representative of overtime received in other months. If the overtime is a one-time or sporadic
source of income, income should be calculated based on the regular monthly income without
overtime.

WHEN A HOUSEHOLD INDICATES NO INCOME
If a household is selected for verification, or the application is being verified for cause and the
application indicates zero income, the LEA must request an explanation of how living
expenses are met and may request additional written documentation or collateral contacts,
For example, the collateral contact may be asked to document the duration and type of
assistance that is provided to the household.

D. DIRECT VERIFICATION
Direct verification is using records from public agencies to verify income or program
participation. Direct verification may be completed at the State or local level, or through a
joint effort at both levels.
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LEAs are not required to conduct direct verification. However, any LEA that intends to
conduct direct verification must contact the State agency for assistance with establishing a
direct verification method. Direct verification may be used when the household application,
certified based on case number, is subject to verification under the LEA’s use of alternative
sample size.
LEAs may conduct direct verification activities with Assistance Programs, as well as with the
agency that administers the State plan for Medicaid and SCHIP. Direct verification must be
conducted prior to contacting the household for documentation. The public agency’s records
may document income for any point in time between the month prior to application and the
time the household is required to provide income documentation.
If verification results in higher benefits for example a child who is moved from the reduced
price to free category, the change is effective immediately and must be implemented no later
than three operating days from the date verification was completed. Parents should be
promptly notified through whatever channels the LEA uses to notify the household of approval
for benefits.
NAMES SUBMITTED FOR DIRECT VERIFICATION
The LEA must only submit the names of school children certified for free or reduced price
meal benefits listed on the application. These names are submitted to the agency
administering an eligible program. The names of other household members – all adults,
children who are not attending school, or children not approved for free or reduced price
benefits – cannot be submitted for direct verification purposes.
DIRECT VERIFICATION WITH ASSISTANCE PROGRAMS
If information obtained through direct verification of an application for free or reduced price
meal benefits indicates a child is participating in one of these programs, no additional
verification is required. The eligibility status of the child or children listed on the application is
considered verified.
DIRECT VERIFICATION WITH MEDICAID AND SCHIP
If information obtained through direct verification with Medicaid or SCHIP confirms eligibility
status, no additional verification is required. Records that may be used to verify eligibility will
depend upon State income limits for these programs.
States with Medicaid or SCHIP Income Limits of 133 Percent or Less:
If the income eligibility used for the Medicaid or SCHIP is not more than 133 percent of the
federal poverty line, or where those households that have income that is not more than 133
percent of the federal poverty line can be identified, records from these agencies may be
used to verify eligibility.
76

States with Medicaid or SCHIP Income Limits Between 133 and 185 Percent:
Direct verification information must include either:
 The percentage of the Federal poverty line upon which the applicant’s participation is
based; or
 The income and household size used by Medicaid or SCHIP to determine that the
applicant is either at or below 133 percent or between 133 and 185 percent of the
Federal poverty line.
Verification for children approved for free meals is complete if the data indicates that the
percentage is at or below 133 percent of the Federal poverty line.
Verification for children approved for reduced price meals is complete if the data indicates
that the percentage is at or below 185 percent of the Federal poverty line.
DOCUMENTATION TIMEFRAME
The information used for direct verification must be the most recent information available
which is defined as data which is no older than 180 days prior to the date of the free and
reduced price application. To be consistent with policy established for “regular” verification,
direct verification efforts may use information from any point in time between the month
prior to application and the time the LEA conducts direct verification.
In other words, for direct verification, LEAs and State agencies may use:
 The latest available information for one month, within the 180-day requirement; or
 Information for all months from the month prior to application through the month direct
verification is conducted.
An example of this would be where the State agency or LEA used data for the month of
September or, if available, for August through October.
INCOMPLETE OR INCONSISTENT INFORMATION
If information provided by the public agency does not verify eligibility, the LEA must proceed
with regular verification activities.

77

E. CONTINUING THE VERIFICATION PROCESS
To continue the verification process subsequent to household notification, the LEA must
either determine:
 If the household has submitted adequate information to complete its individual
verification activity; or
 If follow-up with the household is needed.
FOLLOW-UP
The LEA must make at least one follow-up attempt to contact the household when the
household does not adequately respond to the request for verification. The follow-up
attempt may be in writing (including to the parent or guardian’s e-mail) or by telephone and
the LEA must document that a contact was attempted. LEAs must ensure the LEP households
are provided adequate language assistance and understand the need to respond to the
verification request.
 The LEA must inform the household that failure to provide adequate written evidence
or to designate an adequate collateral contact will result in termination of benefits.
 The follow-up contact must attempt to obtain the missing written evidence or obtain
collateral contact information.
 If the collateral contact is unwilling or unable to provide the requested information,
the LEA must contact the household to complete the verification process.
The LEA must make a follow-up attempt when the household:
 Does not respond to the initial request for verification;
 Submits insufficient or obsolete written evidence;
 Does not designate collateral contacts; and
 Collateral contacts are unable or unwilling to provide the requested evidence.
If, after at least one follow-up attempt, the household responds and provides all needed
evidence, verification is considered complete for this household:




If there is no change in benefits; or
When the household is notified that its benefits will be increased; or
When notice of adverse action is sent.

If the household does not respond, verification is considered complete for this household
when notice of adverse action is sent.
If, after at least one follow-up attempt, the LEA is unable to continue its verification activities
because the household fails to provide adequate written evidence or knowledgeable
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collateral contacts, verification is considered complete for this household when the notice of
adverse action is sent.
WHEN VERIFICATION IS CONSIDERED COMPLETE
The following demonstrates how an LEA determines whether or not the household
adequately responded and whether follow-up is required.
 The household submits either adequate written evidence or collateral contact
corroboration of income or categorical eligibility: verification is considered complete
for this household.
 The household submits either adequate written evidence or collateral contact
corroboration of income which indicates that the children should receive either a
greater or lesser level of benefits: verification is considered complete for this
household when the notice of adverse action is sent or household is notified that its
benefits will be increased or decreased.
 The household indicates, verbally or in writing, that it no longer wishes to receive free
or reduced price benefits: verification is considered complete when the notice of
adverse action is sent.
 The application provided case numbers and it is determined that no household
member is receiving benefits from an Assistance Program: verification is considered
complete when the notice of adverse action is sent.

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CHAPTER 5: CONFIDENTIALITY AND DISCLOSURE
A. OVERVIEW
The information provided by families on the free and reduced price application will be used
only for determining eligibility for meal or milk benefits and verification of eligibility. LEAs that
plan to disclose children’s eligibility status for purposes other than determining and verifying
free or reduced price eligibility must inform households of this potential disclosure. In some
cases, the LEA must obtain parental consent prior to the disclosure. LEAs that anticipate
disclosure specifically to Medicaid or SCHIP must notify households of this and give them the
opportunity to decline the disclosure.
Distribution and processing applications solely for information about household income to
determine the funding or benefits for programs other than the school meals programs or to
determine eligibility for other programs is not permitted. Therefore, funds in the nonprofit
school food service account cannot be used to pay the costs associated with collecting and
processing such information.
A school or LEA must obtain the household income information for non-program purposes
through means other than the household's application for free or reduced price school meal
benefits. If the school or LEA collects such information for non-program purposes, the
applications must not be labeled as applications for meal benefits under the Child Nutrition
Programs or give any indication that such benefits are contingent upon a household returning
the application.
If LEAs provide households with multi-use applications, which include both meal program
benefits as well as non-food benefits, they must ensure that the process allows submission of
an application solely for free or reduced meal or free milk benefits.
The LEA must seek written consent from the parent or guardian to use the information
provided on the application for non-program purposes or for purposes not permitted in this
guidance. Parental consent must be obtained each school year and consent forms cannot be
extended from one school year to the next. See SP 31-2010, CACFP 17-1010, SFSP-15-2010:
Disclosure Requirements for the Child Nutrition Programs,
http://www.fns.usda.gov/disclosure-requirements-child-nutrition-programs.

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B. CONFIDENTIALITY REQUIREMENTS
Section 9(b)(6) of the NSLA,(42 U.S.C.1758(b)(6), regulations found at 7 CFR Part 245.6
delineates the restrictions on the disclosure and use of information obtained from an
application for free and reduced price meals, as well as the criminal penalties for improper
release of information. While the law discusses applications, the disclosure requirements also
apply to information obtained through the direct certification process.
Before developing State and local disclosure policies, State agencies and LEAs should discuss
the issue with their legal counsel as the issues of privacy and confidentiality of personal data
are complicated as well as sensitive.
Disclosure means revealing or using individual children’s program eligibility information that
is obtained through the free and reduced price eligibility process for a purpose other than the
purpose for which the information was obtained. Disclosure includes but is not limited to
access, release, or transfer of personal data about children by means of print, tape, microfilm,
microfiche, electronic communication, or any other means. It includes eligibility information
obtained through the free and reduced price application or through direct certification and
whether the children are eligible for free meals or reduced price meals.
LEAs may disclose children’s free and reduced price meal eligibility information to programs,
activities, and individuals that are specifically authorized access under the NSLA, which
establishes the disclosure limits for the Child Nutrition Programs. Disclosure is always an
option, not a requirement. The school foodservice director, in conjunction with any LEA staff
who are determining officials review free and reduced price meal or free milk applications
and make the decision on whether or not children’s information will be disclosed. The LEA
may opt to disclose children’s eligibility information to Medicaid or SCHIP officials if the State
agency has not prohibited such disclosure to these health insurance programs and the family
does not decline to have their children’s eligibility information released. The children’s
individual information must be protected and is subject to limited disclosure beyond the
current school year.
PREVENTING OVERT IDENTIFICATION
Overt identification is any action that may result in a child being recognized as potentially
eligible to receive or certified for free or reduced price school meals. SFAs must assure that a
child’s eligibility status is not disclosed at any point in the process of providing free or reduced
price meals, including notification of the availability of free or reduced price benefits;
certification and notification of eligibility; provision of meals in the cafeteria; and the point of
service. Unauthorized disclosure or “overt identification” of children receiving free or reduced
price meal benefits is a prohibited under NSLA.
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Schools that have a dual payment system that accepts both cash and electronic payments
must ensure that children are not overtly identified through the method of payment. Schools
must ensure, to the maximum extent practicable, that the sale of non-program foods and the
method of payment do not inadvertently result in children being identified by their peers as
receiving free or reduced price benefits.
In addition, schools and LEAs must ensure that children who receive free or reduced price
benefits are not overtly identified when they are provided additional services under certain
programs or activities that are permitted to have access to children’s eligibility information,
such as academic support under No Child Left Behind. See SP 45-2012: Preventing Overt
Identification of Children Certified for Free or Reduced Price School Meals,
http://www.fns.usda.gov/preventing-overt-identification-children-certified-free-or-reducedprice-school-meals.
AGGREGATE DATA
The LEA may disclose aggregate data to any program or requestor when individual children
cannot be identified through release of the aggregate data or by means of deduction. An
example of aggregate data is the number of children eligible for free or reduced price meals in
the school district. As aggregate data does not identify individual children, parental
notification and parental consent are not needed. However, LEAs are cautioned about release
of aggregate data when individual children’s eligibility may be deduced, such as, release of
data about a specific classroom when the numbers of eligible children is very small.
DISCLOSURE CHART
The NSLA specifies that persons directly connected with the administration or enforcement of
certain programs or activities are permitted to have access to children’s eligibility
information. The following chart shows the circumstances for disclosing eligibility
information. If you have concerns or questions about disclosing children’s eligibility
information, contact your State agency for further guidance.

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Recipient of Information

What May Be Disclosed

Requirements

Programs under the National School Lunch
Act or Child Nutrition Act

All eligibility information

Prior notice and consent
not required

Federal, State, or local means tested nutrition
programs with eligibility standards
comparable to the NSLP

Eligibility status only

Prior notice and consent
not required

Federal education programs

Eligibility status only

Prior notice and consent
not required

State education programs administered by a
State agency or LEA

Eligibility status only

Prior notice and consent
not required

Local education programs

NO eligibility information,
unless parental consent is
obtained

Parental consent

Medicaid or SCHIP, administered by a State or
local agency authorized under titles XIX or XXI
of the Social Security Act to identify and enroll
eligible children

All eligibility information
unless parents elect not
to have information
disclosed

Must give prior notice
to parents and
opportunity for parents
to decline to have their
information disclosed

State health programs other than Medicaid or
SCHIP, administered by a State agency or LEA

Eligibility status only

Prior consent not
required

Federal health programs other than Medicaid
or SCHIP

NO eligibility information,
unless parental consent is
obtained

Parental consent

Local health program

NO eligibility information,
unless parental consent is
obtained

Parental consent

Comptroller General of the United States for
purposes of audit and examination

All eligibility information

Prior notice and consent
not required

Federal, State, or local law enforcement
officials investigating alleged violations of any
of the programs under the NSLA and CNA or
investigating violations of any of the
programs that are authorized to have access
to names and eligibility status

All eligibility information

Prior notice and consent
not required

“NEED TO KNOW”
The LEA may disclose children’s eligibility status only to persons determined to be “directly
connected” with the administration or enforcement of a Federal education program, State
education program, State health program, or a means-tested nutrition program, as well as to
persons directly connected with the Comptroller General Office or law enforcement for an
authorized activity.

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Although a program or person may be authorized under the NSLA to receive free and reduced
price eligibility information, there must be a legitimate “need to know” to provide a service or
carry out an authorized activity. State agencies, LEAs, and schools must ensure that data
systems, records, and other means of accessing a student’s eligibility status are limited to
officials directly connected with administration or enforcement of a Federal or State program
or activity. This includes Federal, State, or local program operators responsible for the
ongoing operation of the program or activity, or responsible for program compliance.
Eligibility information cannot be made available to all school officials as a general practice. For
example, access must be limited to a student’s teachers who are directly responsible for the
administration of a Federal education program, e.g., No Child Left Behind, or who are
providing tutorial or other assistance under that educational program. Teachers, guidance
counselors, principals, etc. who are not providing such assistance under the appropriate
statutory or regulatory requirements cannot have access. On-line data systems must have a
masking or de-identification capability to prevent unauthorized access to free or reduced
price eligibility status.
State Medicaid and SCHIP agencies and health insurance program operators receiving
children’s free and reduced price eligibility information must use that information only to
enroll eligible children in State Medicaid or SCHIP.
Programs Considered “Directly Connected” to School Eligibility Data
FEDERAL OR
STATE
EDUCATION
PROGRAMS

NATIONAL
ASSESSMENT
OF
EDUCATIONAL
PROGRESS
(NAEP)

Students’ names and free or reduced price eligibility status may be disclosed,
without consent, for a Federal or State education program. Determining
officials, prior to disclosing information on the eligibility of individual
children, should enter into a memorandum of understanding or other
agreement to which all involved parties (including both officials who
administer the Child Nutrition Programs and officials who administer the
overall education functions) would adhere. This agreement would specify the
names of the individuals who would have access to the information, how the
information would be used in implementing a Federal education program,
and how the information would be protected from unauthorized uses and
third-party disclosures, as well as include a statement of the penalties for
misuse of the information.
LEAs may disclose, without parent or guardian consent, children’s names and
eligibility status to persons who are directly connected to the administration
or enforcement of NAEP because NAEP is a Federal education program.
Additionally, LEAs may disclose children’s names and eligibility status to
persons directly connected with the administration or enforcement of State
educational assessment programs to the extent that the State assessment is
part of the NAEP or the assessment program is established at the State, not
local, level. Other State education programs also are eligible to have access
to participants' names and eligibility status, without parent or guardian
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consent, but the program must be established at the State, not local, level.
The term “persons directly connected” for the purpose of disclosure to NAEP
includes Federal, State, and local program operators responsible for NAEP
program administration or program compliance, and their contractors. This
does not imply that these persons have routine access to participants'
eligibility status. There must be a "need to know" relating to the
administration or enforcement of a Federal education program or for
legitimate NAEP purposes.
LEAs are encouraged to inform households when they plan to disclose or use
eligibility information outside the originating program and to have a written
agreement with NAEP officials See Agreements and Memoranda of
Understanding.
NO CHILD LEFT NCLB is a Federal education program. Therefore, determining officials may disclose
BEHIND
a child’s eligibility status to persons directly connected with, and who have a need
(NCLB)
to know in order to administer and enforce the NCLB requirements. However, other
information obtained from the free and reduced price application or through direct
certification cannot be disclosed.
Determining officials must keep in mind that the intent of the confidentiality
provisions is to limit the disclosure of a child’s eligibility status to those who have a
“need to know” for proper administration and enforcement of a Federal education
program. LEAs must establish procedures that limit access to a child’s eligibility
status to as few individuals as possible.
FAMILY
EDUCATIONAL
RIGHTS AND
PRIVACY ACT
(FERPA)

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34
CFR Part 99) is a Federal law that protects the privacy of student education
records. The law applies to all schools that receive funds under an applicable
program of the U.S. Department of Education. However, Child Nutrition
Programs are subject to the disclosure restrictions imposed by section 9(b)(6)
of the NSLA and not FERPA.

OTHER
FEDERAL
CHILD
NUTRITION
PROGRAMS

The LEA may disclose all eligibility information from a household’s free and
reduced price meal application or information obtained through direct
certification to persons directly connected with the administration or
enforcement of the programs authorized under the NSLA or CNA. This
includes the NSLP, SBP, SMP, CACFP, SFSP, and the Special Supplemental
Nutrition Program for Women, Infants and Children (WIC).
This means that program eligibility information collected for any one of the
Child Nutrition Programs may be shared with another Child Nutrition
Program, even if the programs are sponsored by different entities. For
example, a public school may disclose information from children’s free and
reduced price school meal applications, without parental consent, to an SFSP
administered by a parks and recreation agency.

FEDERAL OR
Without parental consent, the LEA may only disclose a child’s name and
STATE MEANS- eligibility status. Disclosure of other information, such as parents’ names and
TESTED
address, requires parental notification and consent.
NUTRITION
PROGRAMS
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DISCLOSURES THAT REQUIRE PARENTAL NOTIFICATION
Unless otherwise indicated, LEAs must inform the adult household member who signed the
application if they plan to disclose or use eligibility information outside the originating
program, i.e., disclosure to a means-tested Federal or State nutrition program, Federal
education program, Medicaid or SCHIP, law enforcement, the U.S. Comptroller General for
audit purposes, or other Child Nutrition Programs. This may be done as either a general
notification of potential disclosure or a specific notification to disclose information to a
particular program.
NOTICE REQUIREMENTS
The notice of potential disclosure or specific disclosure may be in the letter to households
that accompanies the free and reduced price application, on the application, or, for children
directly certified, in the document informing households of the participants’ eligibility through
direct certification.
The notification should state that the children’s names, eligibility status, and other
information provided on the application or obtained through direct certification may be
disclosed to certain other Federal, State, or local agencies as authorized by the NSLA. A list of
the specific programs is not necessary.
The notification of potential disclosure or specific disclosure must inform the parents or
guardians that:
 They are not required to consent to the disclosure;
 The information will be used to facilitate the enrollment of eligible children in a health
insurance program or other programs; and
 Their decision will not affect their children’s eligibility for free and reduced price meals
or free milk.
The notice of either potential or specific disclosure must be given prior to disclosure and
parents or guardians given a reasonable time limit to respond. For children who are
determined eligible though direct certification, the notice of potential or specific disclosure
may be in the document informing parents or guardians of their children’s eligibility for free
meals through direct certification. See Prototype Application in Appendix B.
DISCLOSURES THAT REQUIRE PARENTAL CONSENT
Parents or guardians may always provide consent for the disclosure of any or all of the
information related to their children’s eligibility status, or the information that the household
provided through the free and reduced price meal eligibility process. In addition, parents or
guardians may request release of information to programs. The LEA must obtain written
consent signed by a parent or guardian that follows the guidelines below.
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A disclosure of all eligibility information to any other Federal, State or local program or
individual not included in the NSLA requires parental consent. Other programs that require
parental consent are local health and local education programs and other local level activities.
For example, the disclosure of children’s eligibility for free and reduced price meals to
determine children’s eligibility for free text books or reduced fees for summer school requires
consent when these are local initiatives rather than State or Federal programs.
The disclosure of information other than names and eligibility status to the programs
authorized only to receive participants’ names and eligibility status also requires written
consent. For example, determining agencies may disclose names and eligibility status to a
Federal education program, but if the program requests family size or the basis of eligibility, ,
determining agencies must obtain consent prior to disclosure.
NONCUSTODIAL PARENTS REQUEST FOR DISCLOSURE
The LEA cannot disclose the eligibility status or the source of the child’s eligibility to the
noncustodial parent without consent from the parent household member who signs the
application. The sole exception would be under a court order or subpoena; an attorney’s
request would not be a sufficient justification for the release of the application data. LEAs
should consult with an attorney to determine if disclosure may be required.
CONSENT STATEMENT REQUIREMENTS
The consent statement must be in writing. It may be obtained at the time of application, or at
a later time. The consent statement must:
 Identify the information that will be shared and how the information will be used;
 Be signed and dated. In the case of a child participant, the consent statement must be
signed by the parent or guardian of the applicant household, even though the
application for free and reduced price meals or free milk may be signed by any adult
household member. For adult participants in CACFP, the adult participant must sign
the consent statement unless a guardian has been appointed;
 Indicate that failing to sign the consent statement will not affect eligibility for or
participation in the program and that the information will not be shared by the
receiving program with any other entity or program; and
 Enable parents, guardians, or adult participants to limit consent to only those
programs with which they wish to share information. For example, the consent
statement could use a check-off system under which the applicant would check or
initial a box to indicate that want to have information disclosed to determine eligibility
for benefits from a certain program.

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AGREEMENTS AND MEMORANDA OF UNDERSTANDING
An agreement is not needed for Federal, State or local agencies evaluating or reviewing Child
Nutrition Program operations. Similarly, an agreement is not necessary for disclosures to the
Comptroller General. These activities are part of routine operations of the Child Nutrition
Programs and enforcement.
NON-MEDICAID AND SCHIP AGENCIES
The LEA should enter into a written agreement with other entities, including NAEP, requesting
the information prior to disclosing children’s eligibility information. The agreement should:
 Be signed by both the LEA and receiving entity;
 Identify the entity receiving the information;
 Describe the information to be disclosed and how it will be used;
 Describe how the information will be protected from unauthorized use and disclosure;
and
 Describe the penalties for unauthorized disclosure.
MEDICAID AND SCHIP AGENCIES
For disclosures to Medicaid or SCHIP, the decision on disclosure is a joint State agency and
LEA decision. Both the State agency and LEA must agree to disclose children’s information to
Medicaid or SCHIP. A State agency may not enter into a Memorandum of Understanding for
all LEAs for disclosure to Medicaid or SCHIP as each LEA must be given the opportunity to
decline providing free or reduced price meal and free milk eligibility information to Medicaid
or SCHIP.
Persons directly connected with the administration of Medicaid or SCHIP for purposes of
disclosure of free and reduced price meal and free milk eligibility information are State
employees and persons authorized under Federal and State Medicaid or SCHIP requirements
to carry out initial processing of applications or to make eligibility determinations. Check with
the Medicaid or SCHIP coordinator to determine the persons or entities in the State who are
authorized to enroll children in Medicaid or SCHIP.
LEAs must notify parents of their intent to disclose a child’s free or reduced price school meal
eligibility to Medicaid or SCHIP and provide adequate time for any parental response. A
minimum of 10 calendar days should be provided. LEAs should include a date in the parental
notification statement that informs households that they must respond by a specified date if
they do not want their information disclosed to Medicaid or SCHIP.

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For any disclosures to Medicaid or SCHIP, the LEA and receiving agency must have an
agreement or Memorandum of Understanding which includes:
 The health insurance program or health agency receiving the child’s eligibility
information;
 Information that will be disclosed, specifying that the information must only be used
to seek to enroll children in Medicaid or SCHIP;
 How the information will be used and how it will be protected from unauthorized uses
and disclosures;
 Penalties for unauthorized disclosure; and
 Signatures of officials of the determining agency and the Medicaid or SCHIP agency
receiving the children’s eligibility information.
In all cases, the receiving entity must be informed in writing that:
 Eligibility information may only be used for the purpose for which the disclosure was
made;
 Further use or disclosure to other parties is prohibited; and
 A violation of this provision may result in a fine of not more than $1000 or
imprisonment of not more than one year, or both.
See Prototype Agreement in Appendix C. More information on the State and Federal
Medicaid Programs is available at http://www.medicaid.gov/. For SCHIP, visit:
http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Childrens-HealthInsurance-Program-CHIP/Childrens-Health-Insurance-Program-CHIP.html.
PENALTIES FOR IMPROPER DISCLOSURE
The NSLA at section 9 (b)(6)(C) establishes a fine of not more than $1000 or imprisonment of
not more than one year, or both, for publishing, divulging, disclosing, or making known in any
manner or extent not authorized by Federal law, any eligibility information. This includes the
disclosure of eligibility information by one entity authorized under the NSLA to receive the
information to any other entity, even if that entity would otherwise be authorized to receive
the information directly from the determining agency.

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CHAPTER 6: RECORD RETENTION
A. CERTIFICATION DOCUMENTS
All free and reduced price applications, including applications from households denied
benefits, and inactive applications, must be kept on file for a minimum of three years after
the final claim is submitted for the fiscal year to which they pertain. In addition, documents,
such as notices of adverse action, must also be retained if these show changes made to
eligibility status during the school year.
Any application that was submitted but was disregarded because all children in the household
were determined categorically eligible through direct certification must be retained and the
date of disregard must be documented.
Applications may be maintained either at the school or at the LEA or other central location
with a list of eligible children by type maintained at the school. If an LEA maintains
applications at a central location, applications must be readily retrievable by school, and the
LEA must ensure that any changes in eligibility status and transfers in and out of the school
are accurately and promptly recorded on each school’s list and that adequate documentation
for these transfers or changes are retained with the applications for 3 years.
Files must be kept longer if they are required by an audit, such files must be retained until
resolution of the issues raised by the audit.
DIRECT CERTIFICATION DOCUMENTS
LEAs must keep documentation for direct certification on file for a minimum of three years
after submission of the final claim for reimbursement for the fiscal year to which they apply.
Documentation must be kept longer if it is required by an audit. If audit findings have not
been resolved, the applications must be retained as long as required for resolution of the
issues raised by the audit.
Documentation may be maintained either at the school or at a central location with a list of
eligible children maintained at the school. If an LEA maintains documentation at a central
location, children’s categorical eligibility status must be readily retrievable by school, and the
LEA must ensure that any changes and transfers in and out of the school are accurately and
promptly reflected on each school’s list.
SPECIAL PROVISION CERTIFICATION DOCUMENTS
The LEA must retain records for all schools operating Provision 2 or 3. Base year records for
Provision 2 or 3:
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



Establish claiming percentages which support subsequent years’ reimbursement;
Must be retained during the entire period the special provision – established by that
base year – is in effect, including all extensions; and
Must include documentation of the verification activities from the base year.

For Community Eligibility Provision (CEP), LEAs/schools must retain those records used in the
development of the Identified Student Percentage (ISP) (e.g., records for the initial approval
year and all records from the year any updates are made to the ISP) during the entire period
the CEP is in effect.
All Provision 2 or 3 and CEP records must be retained for three years after submission of the
final claim for reimbursement. Records must continue to be retained if any audit findings
from the period during which the records were in use remain outstanding. In any such case,
records must be retained until all issues raised by the audit have been fully resolved.

B. VERIFICATION DOCUMENTS
Documentation must be kept by the LEA to demonstrate compliance with the verification
requirements when LEAs are reviewed by State or Federal officials including documentation
concerning any appeals. LEAs must maintain a description of their verification efforts. The
description must include a summary of the verification efforts including the selection process,
the total number of applications on file on October 1, and the percentage or number of
applications that are/will be verified by November 15. The LEA must also be able to
demonstrate compliance with the confirmation review requirement and provision of a nocost telephone number for assistance in the verification process.
INDIVIDUAL APPLICATIONS
For each application verified, the LEA must keep records of the source of information used to
verify the application such as wage stubs or names and titles of collateral contacts. When
verification information is needed for administrative review purposes, the LEA must be able
to provide this information for each school selected for review:
 Copies of all relevant correspondence between the households selected for
verification, and the LEA including notices of adverse action and records of follow-up
attempts, information obtained from collateral contacts, etc.
 One of the following for all documentation used to verify eligibility:
o All documents submitted by the household or reproductions of those
documents;
o In cases where the actual documents or photocopies cannot be kept, the
verifying official must make a written record of the documents submitted by
the household including the type of document, e.g., wage stubs or a letter
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




from an employer, income shown on the document, time period of the
income, the date of the document; or
o Direct certification results, documentation from Assistance Program or Other
Categorical Assistance Program officials with dates of receipt of benefits and
date of the information provided.
Documentation for any change in eligibility as a result of verification must include :
o The reason for the change;
o The date the household was notified;
o The date it became effective, if necessary; and
o If applicable, records of follow-up attempts and results for termination for nonresponse.
Title and signature of the verifying official; and
Criteria for replacing applications for verification.

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APPENDICES
APPENDIX A: POLICY STATEMENT
The free and reduced price policy statement must contain, at a minimum, the following:
 Names of officials, or the position of the LEA or school official, designated to make
eligibility determinations;
 An assurance that the LEA will determine eligibility in accordance with the current Income
Eligibility Guidelines (IEGs);
 The LEA’s specific procedures to accept applications for benefits and its direct certification
procedures;
 Description of the methods used to collect payments from children paying the full price of
the meal or milk or the reduced price of the meal which prevents the overt identification
of the children receiving free or reduced price meals or free milk;
 An assurance that the school will abide by the hearing procedures and the
nondiscrimination practices;
 A copy of the application form and letter to households;
 A statement that a foster child is categorically eligible for free meals and may be included
as a member of the foster family if the foster family chooses to also apply for benefits for
other children and an explanation that including children in foster care as household
members can help other children in the household qualify for free or reduced price meals.
If the foster family is not eligible for free or reduced price meal benefits, this does not
prevent a foster child from receiving free meal benefits;
 An explanation that households with children who are categorically eligible under Other
Source Categorically Eligible Programs should contact the school for assistance in
receiving benefits and indicate the source of their status on the application;
 A statement that State agencies and LEAs will ensure there are no barriers for
participation in our Programs for Limited English Proficient (LEP) families and that State
agencies and LEAs are required to communicate with parents and guardians in a language
they can understand throughout the certification and verification processes;
 LEAs selling competitive foods during a meal service are encouraged to include in the
description of how the cafeteria and meal service prevents overt identification of the
children receiving free or reduced price meals or free milk; and
 A statement of the measures the LEA has taken to prevent disclosure of confidential free
and reduced price eligibility information as required under 7 CFR 245.6(f-k).
The free and reduced price policy statement should also contain a copy of the following:
 Media release;
 Notice to households of approval or denial of benefits;


Notice to households of selection for verification;
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


Notice to households of adverse action; and
Notice of eligibility, based on direct certification.

AMENDMENTS
Unless there is a substantive change made to the free and reduced price policy of the LEA, the
policy statement need not be changed and resubmitted for State agency approval. Routine
changes, such as inclusion of the new IEGs, are not sufficient to require resubmission.
The LEA must amend its policy statement for any substantive changes to its free and reduced
price policy and include a description of the change. In all cases, the LEA must have an
approved policy statement on file at the State agency that accurately describes its current
free and reduced price policies. Amendments must be submitted for approval by the State
agency by October 15. The amendments must be approved by the State agency prior to
implementation.
The amendments must reflect:
 Changes made necessary by law or regulations;
 Changes made by the LEA (e.g., changes in collection procedures, designation of new
approving or hearing officials, changes in procedures for accepting applications, revisions
in the letter to households or application for free and reduced price meals or free milk);
 Additional information specified by the State agency.
LEAs OPERATING THE SPECIAL MILK PROGRAM
A free policy statement must be approved by the State agency or FNSRO for LEAs
participating in the SMP with the free milk option. LEAs may submit one policy statement for
both meals and milk when some of the schools in the district participate in the SMP and
others participate in meal programs. Specific instructions on the development of the policy
statement and policy approval process are provided to LEAs by the State agency.

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APPENDIX B: PROTOTYPE APPLICATION
FNS has developed a prototype application and related materials. The new prototype
application has not been translated into different languages at this time, however, LEAs may
use the translated applications and materials currently available,
http://www.fns.usda.gov/school-meals/applying-free-and-reduced-price-school-meals
States may adopt these or develop their own State specific forms. For application forms for
your State, contact the State agency responsible for the administration of the Child Nutrition
Programs.

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APPENDIX C: PROTOTYPE AGREEMENT
DISCLOSURE OF FREE AND REDUCED PRICE INFORMATION
I.

PURPOSE AND SCOPE

[Insert Name of Determining Agency] and [Insert Name of Receiving Agency] acknowledge
and agree that children's free and reduced price meal and free milk eligibility information
obtained under provisions of the Richard B. Russell National School Lunch Act (42 USC 1751 et
seq.) (NSLA) or Child Nutrition Act of 1966 (42 USC 1771 et seq.) (CNA) and the regulations
implementing these Acts is confidential information. This Agreement is intended to ensure
that any information disclosed by the (insert name of determining agency) to the (insert
name of receiving agency) about children eligible for free and reduced price meals or free
milk will be used only for purposes specified in this Agreement and that the (insert name of
determining agency) and (insert name of receiving agency) recognize that there are penalties
for unauthorized disclosures of this eligibility information.
II.

AUTHORITY

Section 9(b)(6)(A) of the NSLA (42 USC 1758(b)(6)(A)) authorizes the limited disclosure of
children's free and reduced price meal or free milk eligibility information to specific programs
or individuals, without prior parent/guardian consent. Except that, the parent/guardian must
be provided the opportunity to decline to share eligibility information prior to the disclosure
for identifying children eligible for benefits under or enrolling children in the State Medicaid
Program and the State children's health insurance program. Additionally, the statute specifies
that for any disclosures not authorized by the statute, the consent of children's
parents/guardians must be obtained prior to the disclosure.
The requesting agency certifies that it is currently authorized to administer the following
program(s) and that information requested will only be used by the program(s) indicated.

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Check
all that
apply

Information
Authorized

Program
Medicaid or the State children’s health insurance
program (SCHIP), administered by a State or
local agency authorized under titles XIX or XXI of
the Social Security Act.

All eligibility
information unless
parents elect not to
have information
disclosed.

Specify Program:
State health program other than Medicaid/SCHIP, Eligibility status only;
administered by a State agency or local education Prior consent not
agency.
required.
Specify Program:
Federal health program other than
Medicaid/SCHIP
Specify Program:

No eligibility
information unless
prior parental
consent is
obtained.

Local health program

No eligibility
information unless
prior parental
consent is
obtained.
All eligibility
information; consent
not required.

Specify Program:

Child Nutrition Program under the National School
Lunch Act or Child Nutrition Act
Specify Program:
Federal/State or local means tested nutrition
program with eligibility standards comparable to
the National School Lunch Program

Eligibility status only;
consent not required.

Specify Program:
Federal education program

Eligibility status only;
consent not required.

Specify Program:
State education program administered by a State
agency or local education agency
Specify Program:
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Eligibility status only;
consent not required.

Note: Section 9(b)(6)(A) specifies that certain programs may receive children's eligibility
status only, without parental consent. Parental consent must be obtained to disclose any
additional eligibility information. Section 9(b)(6)(D)(ii) specifies that for State Medicaid or
SCHIP, parents must be notified and given an opportunity to elect not to have information
disclosed. Social security numbers may only be disclosed if households are given notice of the
disclosure and the uses to be made of their social security numbers as required by Sec.7 of
the Privacy Act.
III.

RESPONSIBILITIES

(Insert Name of Determining Agency) will:
When required, secure the consent of parents/guardians prior to any disclosure not
authorized by the National School Lunch Act or any regulations under that Act, unless prior
consent is secured by the receiving agency and made available to the determining agency;
For State Medicaid and SCHIP, notify parents/guardians of potential disclosures and provide
opportunity for parents/guardians to elect not to have information disclosed;
Disclose eligibility information only to persons directly connected to the administration or
enforcement of programs authorized access under the National School Lunch Act or
regulations under the Act or to programs or services for which parents/guardians gave
consent.
(Insert Name of Receiving Agency) will:
Ensure that only persons who are directly connected with the administration or enforcement
of the (insert name of the Program) and whose job responsibilities require use of the
eligibility information will have access to children's eligibility information:

Specify by name(s) or title(s) __________________________________________________

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Use children's free and reduced price eligibility information for the following specific
purpose(s):
____________________________________________________________________________
____________________________________________________________________________

Inform all persons that have access to children's free and reduced price meal eligibility
information that the information is confidential, that children's eligibility information must
only be used for the purposes specified above, and the penalties for unauthorized
disclosures.

Protect the confidentiality of children's free and reduced price meal or free milk eligibility
information as follows:
____________________________________________________________________________
____________________________________________________________________________
___________________________________________________________________________
Specifically describe how the information will be protected from unauthorized uses and
further disclosures.
____________________________________________________________________________
____________________________________________________________________________
Description of Procedures to Transfer Meal Eligibility Information (may be completed by
either the determining agency or receiving agency)
____________________________________________________________________________
____________________________________________________________________________
Describe the procedures for transferring students' meal eligibility information from the
determining agency to the requesting agency/program so as to limit the number of individuals
who have access to the information.
(Describe)
____________________________________________________________________________
____________________________________________________________________________

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IV.

EFFECTIVE DATES

This agreement shall be effective from ______________________ to
V.

.

PENALTIES

Any person who publishes, divulges, discloses, or makes known in any manner, or to any
extent not authorized by Federal law (Section 9(b)(6)(C) of the National School Lunch Act; 42
USC 1758(b)(6)(C)) or a regulation, any information about a child's eligibility for free and
reduced price meals or free milk, shall be fined not more than a $1,000 or imprisonment of
not more than 1 year or both.
VI.

SIGNATURES

The parties acknowledge that children's free and reduced price meal and free milk eligibility
information may be used only for the specific purposes stated above, and that unauthorized
use of free and reduced price meal and free milk information or further disclosure to other
persons or programs is prohibited and a violation of Federal law, which may result in civil and
criminal penalties.
Requesting Agency/Program Administrator:
Name:
Title:

_________________________________________________________

Phone:
Date:

Signature:
__

_

Determining Agency Administrator:
Name:
Title:

_________________________________________________________

Phone:
Date:

Signature:
__

_

*Any attachments will become part of this agreement.

100