581-051-0615 Expanded Income Eligibility Group Reimbursement Program (1) As used in this section: (a) “Breakfast” means a reimbursable breakfast that is provided through the federal School Breakfast Program. (b) “Community Eligibility Provision” refers to the alternative reimbursement option administered by the United States Department of Agriculture for schools and school districts in high-poverty areas through which participating schools or school districts agree to provide breakfasts and lunches at no charge to all students in exchange for receiving federal meal reimbursements based on the schools’ or districts’ identified student percentage. (c) “Eligible school or district” means a school, a group of schools, or a school district that is not participating in the Community Eligibility Provision. (d) “Eligible student” means a student who is from a household with an income that is greater than 185 percent, but does not exceed 300 percent, of the applicable federal poverty guidelines. (e) “Federal poverty guidelines” means the federal poverty guidelines that are issued annually by the United States Department of Health and Human Services and used to determine financial eligibility for various federal programs, including but not limited to free and reduced price breakfasts and lunches. (f) “Lunch” means a reimbursable lunch that is provided through the federal National School Lunch Program. (g) “School district” means an Oregon common school district, joint school district, union high school district, education service district, or public charter school. (h) “School year” means the twelve-month period beginning on July 1 and ending on June 30. (2) The purpose of the Expanded Income Eligibility Group Reimbursement Program is increasing students’ access to and participation in school nutrition programs, such as the National School Lunch and School Breakfast Programs. The program achieves its purpose by reimbursing eligible schools or districts participating in the program for each breakfast and lunch they serve at no charge to an eligible student. (3)(a) An eligible school or district must notify the Oregon Department of Education of its intent to participate in the Expanded Income Eligibility Group Reimbursement Program in the form and manner prescribed by the department before the eligible school or district will begin providing eligible breakfasts and lunches to all eligible students at no charge. (b) The department will publish an agreement form for the program. Eligible schools or districts must submit a signed program agreement form to the department before they can receive supplemental, state-funded meal reimbursements through the program. (c) The department will base its program agreement form on an eligible school or district’s existing agreement with the department to operate one or more federal school nutrition programs. The program agreements will include, but are not limited to, a requirement that the eligible school or district comply with applicable state and federal requirements for the administration of the federal school nutrition programs and the terms of its existing agreement to operate one or more federal school nutrition programs. (4)(a) The Oregon Department of Education will develop and publish meal reimbursement rates for the Expanded Income Eligibility Group Reimbursement Program each year. (b) The department will base its meal reimbursement rates on: (A) The free reimbursement rate established by the United States Department of Agriculture for reimbursable meals; and (B) Any amounts otherwise reimbursed or paid by state, federal or other sources. (c) The maximum meal reimbursement provided through the Expanded Income Eligibility Group Reimbursement program may not exceed the annual meal reimbursement rates published by the department. (5) As a condition of participating in the Expanded Income Eligibility Group Reimbursement Program, eligible schools and districts must serve available breakfast and lunch to all eligible students at no charge. (6) The Oregon Department of Education will develop and publish a confidential household income application for the Expanded Income Eligibility Group Reimbursement Program. (7)(a) To determine whether individual students are eligible to receive breakfast and lunch at no charge through the Expanded Income Eligibility Group Reimbursement Program, an eligible school or district participating in the program must have households complete and return the confidential household income application published by the department. (b) Students will qualify as eligible students, and may receive breakfast and lunch at no charge through the program, if the confidential household income application submitted on behalf of a student shows that the student’s household has an income that is greater than 185 percent, but does not exceed 300 percent, of the applicable federal poverty guidelines. (c) Eligible schools or districts must notify households if their students qualify as eligible students and may receive breakfast and lunch at no charge through the program by no later than ten business days after receiving the household’s confidential household income application. (8)(a) Notwithstanding subsection (7) of this section, eligible schools may use census data produced by the United States Census Bureau to determine the percentage of meals they served that were reimbursed at the federal paid rate and are eligible for a supplemental, state-funded reimbursement through the Expanded Income Eligibility Group Reimbursement Program, if: (A) The eligible schools are participating in Provision 2, an alternative meal reimbursement program administered by the United States Department of Agriculture; and (B) The first year of the eligible school’s four-year Provision 2 cycle occurred prior to the 2020-21 school year. (b) The Oregon Department of Education will publish guidance on using data from the United States Census Bureau to determine the percentage of meals reimbursed at the federal paid rate that are eligible for a supplemental, state-funded reimbursement through the program, and provide technical assistance to eligible schools participating in Provision 2. (9) The Oregon Department of Education will make the first reimbursements under the Expanded Income Eligibility Group Reimbursement Program for breakfasts and lunches served to eligible students at no charge during the 2020-21 school year. (10)(a) Eligible schools and districts participating in the Expanded Income Eligibility Group Reimbursement Program must submit a monthly claim for reimbursement in the form and manner prescribed by the Oregon Department of Education. The department will process supplemental, state-funded meal reimbursements paid through the program according to the United States Department of Agriculture’s rules and procedures for meal reimbursement claim submission and processing for schools and districts participating in the National School Lunch and School Breakfast Programs. (b) If a monthly claim for reimbursement submitted by a school or district participating in the program is adjusted after the school or district received federal or state reimbursements for the meals it served during that month, the department may take steps to avoid an overpayment or underpayment, including but not limited to reducing or increasing the amount of the following month’s supplemental meal reimbursement by the amount of the overpayment or underpayment. (c) A school or district participating in the program may not receive supplemental state funds if it does not submit a monthly claim for reimbursement. (11) A school or district participating in the Expanded Income Eligibility Group Reimbursement Program must deposit any supplemental, state-funded meal reimbursements it receives through the program in its nonprofit school food service account. (12)(a) The Oregon Department of Education shall publish performance measures and guidance documents for participants in the Expanded Income Eligibility Group Reimbursement Program. (b) Every year, a school or district participating in the program must report on the program in the manner and form prescribed by the department. The department may only require reporting that is necessary: (A) For making reimbursements under this section; (B) To ensure the accuracy of reimbursements made under this section, and compliance with this section and the program agreement; and (C) To prevent waste, fraud, and abuse in reimbursements made under this section. (13) On an ongoing basis, the department will track the reimbursements made under this section and the balance of funds available for the biennium. In the event that funds fall to a level that is insufficient to reimburse schools or districts participating in the Expanded Income Eligibility Group Reimbursement Program: (a) The department will notify participating schools and districts 12 weeks in advance of cessation of the State Eligibility Group Reimbursement due to insufficient funds; (b) Until sufficient funds again become available, reimbursement of eligible meals claimed will revert to: (A) The applicable reimbursement rate established by the United States Department of Agriculture for reimbursable meals; and (B) Any amounts, other than the Expanded Income Eligibility Group reimbursement, reimbursed or paid by state, federal or other sources. (c) Schools or districts affected will follow guidance provided by the department. Statutory/Other Authority: 2019 OR Laws, Ch. 122, Sec. 30 (Enrolled HB 3427) & 2021 Enrolled HB 2536 Statutes/Other Implemented: 2019 OR Laws, Ch. 122, Sec. 30 (Enrolled HB 3427) & 2021 Enrolled HB 2536 History: ODE 33-2022, amend filed 06/23/2022, effective 06/23/2022 ODE 12-2020, adopt filed 04/23/2020, effective 04/23/2020