Editorial Note on Subchapter C of Chapter II
Editorial Note: Nomenclature changes to subchapter C appear by Amdt. 381, 65 FR 64586, Oct. 30, 2000.

§ 292.12 Enrolling eligible children. ( a ) *Minimum requirements for Program informational activities.* Summer EBT agencies must comply with the following minimum information requirements for applicants and recipients. ( 1 ) Summer EBT agencies must inform participant and applicant households of their Program rights and responsibilities. This information may be provided through whatever means the Summer EBT agency deems appropriate.
( 2 ) All Program informational material must: ( i ) Be in an understandable and uniform format, and to the maximum extent practicable, in a language that parents and guardians can understand;
( ii ) Include the USDA nondiscrimination statement; and
( iii ) Be provided in alternate formats for individuals with disabilities, as practicable.
( 3 ) All program information material should be provided by households' preferred method of contact, to the maximum extent practicable.
( b ) *General requirements.* In enrolling eligible children, Summer EBT agencies must: ( 1 ) Establish procedures to ensure correct eligibility determinations;
( 2 ) Establish procedures to allow households to provide updated contact information for the purpose of receiving Summer EBT; and
( 3 ) Establish procedures to enable anyone who has been determined to be eligible for Summer EBT benefits to confirm their eligibility status and unenroll, or opt out, of the Program, if they do not want to receive benefits; and
( 4 ) Provide assistance to households that seek help in applying for benefits.
( c ) *NSLP/SBP enrollment database.* By 2025, Summer EBT agencies must establish and maintain a State- or ITO-wide database of all children enrolled in NSLP- or SBP-participating schools within the State or ITO service area, as applicable, for the purposes of enrolling children for Summer EBT benefits and detecting and preventing duplicate benefit issuance. If an ITO, in consultation with FNS, determines that establishing and maintaining a database meeting the requirements of this section is not feasible or is unnecessary based on their method of enrolling children, the ITO may submit a waiver request under § 292.3(h). ( 1 ) *Database elements.* At a minimum, the database must contain the following information for these children: ( i ) Name;
( ii ) Date of birth;
( iii ) School/school district where enrolled;
( iv ) Mailing address;
( v ) Individual free or reduced price eligibility status, as applicable; and
( vi ) Any other information needed to issue benefits timely and with integrity.
( 2 ) *Data use and confidentiality.* Summer EBT agencies must ensure the confidentiality of all such data, and the data must be used only for the purposes of the Summer EBT Program, or to provide other social service benefits to eligible children.
( 3 ) *Data sharing across Summer EBT Programs.* State Summer EBT agencies must make this data available to ITO Summer EBT agencies for children within an ITO's Summer EBT service area, in a timeframe that allows ITO Summer EBT agencies to issue timely benefits. ITO Summer EBT agencies must ensure confidentiality of the data in accordance with paragraph (c)(2) of this section.
( d ) *Automatic enrollment with streamlined certification.* ( 1 ) Summer EBT agencies must enroll eligible children through streamlined certification, including those who, during the period of eligibility were: ( i ) ( A ) Individually certified for free or reduced price school meals through the NSLP/SBP, per § 245.6 of this chapter; or
( B ) School aged and: ( 1 ) Members of a household receiving assistance under SNAP, as defined in § 292.2;
( 2 ) Members of a household receiving assistance under FDPIR and TANF, if data for these programs are available at the State level; or
( 3 ) A foster, homeless, migrant, runaway, or Head Start child, as defined in § 245.2 of this chapter, if data for these programs are available at the State level.
( ii ) Not enrolled in a special provision school but are otherwise determined eligible for a free or reduced priced meal through the NSLP/SBP.
( 2 ) Summer EBT agency may enroll eligible children through streamlined certification who are members of a household receiving assistance under other means-tested programs, as approved by the Secretary.
( 3 ) Streamlined certification does not require further confirmation of school enrollment.
( 4 ) If an ITO, in consultation with FNS, determines that any element of automatic enrollment with streamlined certification is not feasible or is unnecessary based on available resources or circumstances to the population served, the ITO may submit a waiver request under § 292.3(h).
( e ) *Enrollment by Summer EBT application.* ( 1 ) Summer EBT agencies must enroll eligible children in Summer EBT if it is determined that they meet the requirements to receive free or reduced price meals at § 292.5(a), as determined through a complete Summer EBT application. A Summer EBT application is considered complete if the following information is provided: ( i ) Names of children and other household members;
( ii ) Amount, source, and frequency of income for each household member; and
( iii ) Signature of an adult household member, including electronic signatures, as described in § 292.13(h).
( 2 ) Confirmation of enrollment in an NSLP/SBP- participating school during the immediately preceding instructional year is required for children who apply by Summer EBT application. This can be accomplished by matching against the State or ITO-wide NSLP/SBP enrollment database, as required in paragraph (c) of this section, prior to benefit issuance.
( 3 ) Children who are not in an NSLP or SBP-participating school in the immediately preceding instructional year cannot be certified as eligible, and therefore cannot be deemed eligible for Summer EBT through submission of an application for Summer EBT benefits.
( 4 ) Summer EBT agencies are prohibited from requiring income documentation at the time of application.
( f ) *Notice of approval* — ( 1 ) *Income applications.* The Summer EBT agency must notify (or place notification in the mail) eligible households of a child's approved status within 15 operational days of receipt of a complete application. This may be included in the mailing containing the EBT card, if applicable, or other communication informing the household about the issuance or use of benefits.
( 2 ) *Streamlined certification.* Households approved for benefits based on information provided by the appropriate State or local agency responsible for the administration of a means-tested program that has been approved by the Secretary must be notified, in writing, that their children are eligible for Summer EBT and that no application is required. The notice of approval must also inform the household how to opt-out if they do not want their children to receive Summer EBT benefits.
( 3 ) *Households declining benefits.* Children from households that notify the Summer EBT agency that they do not want Summer EBT benefits must not be issued benefits, or have their benefits expunged as soon as possible if already issued. Any notification from the household declining benefits must be documented and maintained on file, as required under § 292.23, to substantiate the change in benefits. Because any expungement in this instance is at the request of the household, the 30 day household notice typically required for expunging benefits is not required in this instance.
( 4 ) *Duplicate benefit issuance.* Summer EBT agencies must include in the notice of approval a statement communicating that households that are erroneously issued duplicate benefits from more than one State or ITO should only use benefits from the State or ITO where their child(ren) completed the instructional year immediately preceding the summer operational period. Under no circumstances may they use both.
( g ) *Denied applications and the notice of denial.* When the application furnished by a household is not complete or does not meet the eligibility criteria for Summer EBT benefits, the Summer EBT agency must document and retain the reasons for ineligibility and must retain the denied application. In addition, the Summer EBT agency must provide written notice to each household denied benefits within 15 operational days of receipt of a complete application. At a minimum, this notice must include: ( 1 ) The specific reason or reasons for the denial of benefits, *e.g.,* income in excess of allowable limits or incomplete application;
( 2 ) Notification of the right to appeal;
( 3 ) Instructions on how to appeal; and
( 4 ) A statement reminding households that they may reapply for benefits at any time.
( h ) *Appeals of denied benefits.* A household that wishes to appeal an application that was denied may do so in accordance with the procedures established by the Summer EBT agency as required by § 292.26. However, prior to initiating the hearing procedure, the household may request a conference to provide the opportunity for the household to discuss the situation, present information, and obtain an explanation of the data submitted in the application or the decision rendered. The request for a conference must not in any way prejudice or diminish the right to a fair hearing. The Summer EBT agency must promptly schedule a fair hearing, if requested.
( i ) *Confidential nature of streamlined certification information.* Information about children or their households obtained through the streamlined certification process must be kept confidential and is subject to the limitations on disclosure of information in section 9 of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1758.