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PART 245—Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools

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This part established the responsibilities of state agencies, Food and Nutrition Service regional offices, school food authorities or local educational agencies, as defined in §245.2, as applicable in providing free and reduced price meals and free milk in the National School Lunch Program (7 CFR part 210), the School Breakfast Program (7 CFR part 220), the Special Milk Program (SMP) for Children (7 CFR part 215), and commodity schools. Section 9 of the National School Lunch Act, as amended, and sections 3 and 4 of the Child Nutrition Act of 1966, as amended, require schools participating in any of the programs and commodity schools to make available, as applicable, free and reduced price lunches, breakfasts, and at the option of the School Food Authority for schools participating only in the Special Milk Program (SMP) free milk to eligible children.

This part sets forth the responsibilities under these Acts of State agencies, the Food and Nutrition Service Regional Offices, school food authorities or local educational agencies, as applicable, with respect to the establishment of income guidelines, determination of eligibility of children for free and reduced price meals, and for free milk and assurance that there is no physical segregation of, or other discrimination against, or overt identification of children unable to pay the full price for meals or milk.

Contents

§245.1   General purpose and scope.
§245.2   Definitions.
§245.3   Eligibility standards and criteria.
§245.4   Exceptions for Puerto Rico and the Virgin Islands.
§245.5   Public announcement of the eligibility criteria.
§245.6   Application, eligibility and certification of children for free and reduced price meals and free milk.
§245.6a   Verification requirements.
§245.7   Hearing procedure for families and local educational agencies.
§245.8   Nondiscrimination practices for children eligible to receive free and reduced price meals and free milk.
§245.9   Special assistance certification and reimbursement alternatives.
§245.10   Action by local educational agencies.
§245.11   Second review of applications.
§245.12   Action by State agencies and FNSROs.
§245.13   State agencies and direct certification requirements.
§245.14   Fraud penalties.
§245.15   Information collection/recordkeeping—OMB assigned control numbers.

09/06/2017
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