National School Lunch Program

It has been brought to our attention that some schools may be applying for or participating in grant programs aimed at assisting schools with start-up and/or expansion, especially of the School Breakfast Program (SBP) and Summer Food Service Program (SFSP). The foundations sponsoring the grants are associated with companies that provide goods and services to the school meal programs. Review of these grant programs revealed that at least some contain a mandatory purchasing component, requiring recipients to purchase and use a vendor's specified product for a stipulated amount of time.

This memorandum provides information on a provision of the recently enacted Food, Conservation, and Energy Act of 2008 (P.L. 110-246) that applies to procurements in the Child Nutrition Programs.  Section 4302 of P.L. 110-246 amended section 9(j) of the Richard B. Russell National School Lunch Act (NSLA) to require the Secretary of Agriculture to encourage institutions operating the Child Nutrition Programs to purchase unprocessed locally grown and locally raised agricultural products. 

Section 3602-e of Education Law defines an "eligible child" for UPK programs as a child who resides within a UPK participating school district who is four years of age on or before December 1st or otherwise eligible to attend kindergarten the following school year.

UPK is a voluntary program open to all four year olds as defined above in the district. No preference can be given to children who are from families that are disadvantaged. Children must be selected on a random basis when there are more children that can be served in a given year.

We are often asked whether it is acceptable to offer condiments such as mayonnaise, ketchup and mustard with  school meals, since some condiments are high in salt, sugar or fat and they add to the cost of meals.

This memorandum is intended to clarify two issues regarding meals offered in the National School Lunch Program (NSLP) and School Breakfast Program (SBP). First, the memorandum clarifies the policy of the USDA Food and Nutrition Service (FNS) regarding student consumption of certain lunch or breakfast items outside of the foodservice area and meal period. Second, it clarifies the requirement to offer whole grain-rich products in the NSLP and SBP.

Meal Items Outside the Foodservice Area

We often receive questions from schools using electronic, scanned, and even paper applications asking if other additional information, which is not required to establish certification of eligibility for child nutrition programs (CNPs), may be requested of households when completing the application process.

The purpose of the application for free and reduced price school meals is to determine if a student’s household is eligible for school meal benefits based on income or categorical eligibility.  

The use of prepayment systems is growing increasingly popular.  As more and more schools are providing this service, questions have again risen as to if and when it can be used.  Consequently, I have revised the December 2005 memo on the subject to address new concerns.  The systems are marketed to appeal to parents by offering the convenience of payments for school meals through on-line use of credit cards.

With increasing frequency, school officials are requiring the submission of a free and reduced price meal application from all households with children enrolled in their school regardless of whether the household wishes to make application for free or reduced price meal benefits.

As more school food authorities are opting to use software programs to scan income eligibility applications, we have had conversations regarding their usage. Accordingly, we have adapted the following policies:

The New York State Correctional Law §500-b was amended on March 31, 2014 to change the minimum age classification in local correctional facilities in order to make NYS Correction Law consistent with the Prison Rape Elimination Act (PREA). Inmates under the age of eighteen must be separately housed from those inmates eighteen years of age and older.