reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-36 - Meal Charges

Current through Register Vol. XLI, No. 28, July 12, 2024
36.1. The
				maximum charge for reduced price snack is $0.15.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-37 - Reimbursement for Snacks

Current through Register Vol. XLI, No. 28, July 12, 2024
37.1.
				Reimbursement rates are adjusted annually based on the consumer price index.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-38 - Licensing

Current through Register Vol. XLI, No. 28, July 12, 2024
38.1. After-School
				care snack programs do not need to be licensed in order to participate unless
				there is a state or local requirement for licensing. If there is no state or
				local licensing, after-school snack programs must:
38.1.1. meet state or local health standards;
38.1.2. meet state or local safety
				standards;
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-39 - Donated Foods

Current through Register Vol. XLI, No. 28, July 12, 2024
39.1. Donated
				foods are agricultural commodities that the USDA makes available to various
				food program outlets including public and private schools and summer camps.
39.2. The amount spent for donated
				foods is determined by the United States Congress and is based on money value
				per lunch served. Each state is notified of it's dollar entitlement based on
				the rate per meal.
39.3. In West
				Virginia, the VWDA is the distribution agency for USDA donated foods. Each SFA
				must sign an agreement with the Distributing Agency (DA) in order to receive
				donated foods. The agreement assures the WVDA that donated foods will be
				distributed properly to schools and upon receipt the food will become the
				property of the SFA.
39.4. There
				are two types of USDA foods that are available:
39.4.1. those purchased by USDA for use in
				specific programs such as the child nutrition program; and
39.4.2. those made available to schools and
				institutions as a result of price support of agricultural commodities.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-40 - Allocation of Donated Foods

Current through Register Vol. XLI, No. 28, July 12, 2024
40.1. Criteria that may be used in
				determining the quantity of USDA donated foods to be allocated to each school
				are as follows: the number of lunches served, past rate of utilization of the
				food, amount on hand from previous allocations, relative economic need, and/or
				availability of proper storage facilities.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-41 - Procedure for Requesting Donated Foods

Current through Register Vol. XLI, No. 28, July 12, 2024
41.1. The SFA food service supervisor
				distributes to individual schools the WVDA commodity usage forecast sheet that
				includes instructions for completion and a date to be returned to the SFA. The
				commodity usage forecast sheet is completed once annually during late winter or
				early spring.
41.2. Any USDA
				donated food item (group "A" or group "B") may be used for training (home
				economics classes, vocational food classes, school food service training and
				NET).
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-42 - Inventory

Current through Register Vol. XLI, No. 28, July 12, 2024
42.1. Donated Foods
				must be properly stored, inventoried and utilized by child nutrition programs
				in accordance with good management practices established by the SFA. Beginning
				school year 2002-2003, a single inventory including purchased and donated foods
				is permitted.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-43 - Commodity Processing

Current through Register Vol. XLI, No. 28, July 12, 2024
43.1.
				Federal regulations permit State Distributing Agency (SDA) and/or SFAs to enter
				into agreement with commercial companies to process any of the donated foods
				available. The SDA usually enters into a single state agreement under which all
				SFAs may participate. This eliminates the need for multiple SFAs to have
				identical agreements with the same processor for the same products. The
				processor bills the SDA. The SDA then bills the SFA.
43.2. The State Optional Contract (SOC)
				program makes specified products available to states for distribution to
				recipient agencies. The SOC program is a federally assisted program whereby the
				USDA enters into formal written federal-state agreements with state
				distributing agencies to have commodities converted into finished end products,
				for example, fresh chicken processed into chicken nuggets or patties. The USDA
				bills the SFA for the processing cost. The SDA then bills the recipient
				agencies.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-44 - Special Milk Program

Current through Register Vol. XLI, No. 28, July 12, 2024
44.1. USDA
				reimbursement enables schools without other food service programs to sell milk
				to students at a rate lower than cost. In participating schools, students
				determined eligible may receive milk free if the SFA elects to serve it. The
				SFA may or may not choose to provide free milk to students determined eligible
				by applications used for free or reduced price meals.
44.2. Current USDA regulations permit only
				schools and institutions without other food service programs to participate in
				the SMP and to serve an unlimited number of half pints of milk to a student at
				any time during the school's established milk breaks or meal periods.
44.3. Split session
				pre-kindergarten and kindergarten children may participate in the SMP if they
				do not have access to any school meal (school lunch or school breakfast).
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-45 - Special Milk Charges and Reimbursement

Current through Register Vol. XLI, No. 28, July 12, 2024
45.1. The charge to students for milk shall
				not exceed the difference between the current rate of reimbursement and the
				cost of the milk plus an established distribution cost of no more than four
				cents per half pint.
45.2. Schools
				without food programs participating in the SMP are required by USDA regulations
				to document the actual cost of serving milk to students. Operating balances in
				excess of two months must be reduced by serving milk free to students or by
				reducing the cost to the students.
45.3. Schools serving/selling special milk to
				kindergarten and/or pre-primary students report income from milk sold on form
				WVDE-ADM-29.
45.4. The charge to
				adults shall not be less than the cost of the milk. Reimbursement for milk
				served to adults is not permitted.
45.5. In non-pricing programs, ail milk
				served through the SMP is reimbursed at the current rate of reimbursement per
				half pint.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-46 - Milk shakes

Current through Register Vol. XLI, No. 28, July 12, 2024
46.1. If milk
				shakes are sold or given free under the SMP in schools having no other food
				service program, the milk shake formula must be approved by the WVDE, Office of
				Child Nutrition.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-47 - Special Milk Reporting Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
47.1. A daily record of the actual number of
				half pints of milk served to students and adults shall be maintained on Form
				WVDE-ADM-102, Monthly Claim for Reimbursement. This report must be detailed
				daily at each participating school. The completed form is submitted to the SFA
				on or before the fifth day of the succeeding calendar month. A copy will also
				be filed at the school.
47.2. At
				the end of each month during which milk was served to students, a monthly
				financial report, Form WVDE-ADM-102 is completed by each participating school.
				Financial data provided on this report is the basis for justifying
				reimbursement. The completed report is submitted to the SFA on or before the
				fifth day of the succeeding calendar month. A copy will also be filed at the
				school.
47.3. The school or SFA is
				responsible for sending a copy of Form WVDE-ADM-102 to the WVDE for
				reimbursement.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-48 - Free and Reduced Price Meal and Free Milk

Current through Register Vol. XLI, No. 28, July 12, 2024
48.1. Schools participating in the NSLP
				and/or SBP are required to serve free and reduced price meals to students
				determined eligible by the current USDA Income Eligibility Guidelines.
48.2. To make it possible for a
				student to receive a free or reduced price meal, USDA regulations set forth
				income eligibility guidelines. A policy statement that delineates the policies
				and procedures used in providing free and reduced price meals for students is
				included in the permanent agreement approved by WVDE.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-49 - Applications for Free or Reduced Price Meals

Current through Register Vol. XLI, No. 28, July 12, 2024
49.1. Non-computerized program.
49.1.1. Applications and the Letter to
				Parents shall be sent to parents or guardians of each student as early as
				possible in the school year to allow time for the return of applications by the
				end of the first full week of school. The school principal, or a designated
				person, shall review all applications received and determine eligibility
				according to information given on the application. Parents or guardians shall
				be notified of the status of approval, change or termination of benefits
				(WVDE-ADM-103).
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-50 - Approving Applications for Households Eligible for Temporary Assistance for Needy Families (TANF) or Food Stamp (FS) Benefits

Current through Register Vol. XLI, No. 28, July 12, 2024
50.1. Applications returned for review and
				approval that have TANF or FS numbers must include the following information:
				student's name; TANF or FS number; and parent's signature.
50.2. Approving Applications for Households
				not Eligible for TANF or FS benefits require the following procedures:
50.2.1. Applications returned for review that
				do not have TANF or FS numbers must include the following information:
				student's name; list of household members; social security number of the adult
				signing the application or indication they do not have one; the current amount
				of income received by each household member identified by the individual who
				receives it and the source of the income; and parent or guardian's signature.
50.2.2. All approved applications
				must show eligibility category (free or reduced price), reviewing official's
				signature, and date of approval or denial.
50.2.3. Applications must be filed by
				category with corresponding master lists.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-51 - Income

Current through Register Vol. XLI, No. 28, July 12, 2024
51.1. Income to be
				reported on the household's free and reduced price meal application form is a
				gross figure and generally is considered to be monies received on a recurring
				basis. Specifically, gross income means money earned before deductions for
				income taxes, employee's social security taxes, insurance premiums, charitable
				contributions, bonds and the like. Income includes the following:
51.1.1. payments of money for services,
				including wages, salary, commission or fees;
51.1.2. social security: supplemental
				security income;
51.1.3. dividends
				or interest on savings or bonds;
51.1.4. income from estates, trusts and
				investments;
51.1.5. cash
				withdrawn from savings;
51.1.6.
				public assistance or welfare payments;
51.1.7. unemployment compensations: workers'
				compensation and disability benefits;
51.1.8. government civilian employee or
				military retirement or pensions;
51.1.9. veterans' payments;
51.1.10. pensions: retirement income and
				annuities;
51.1.11. alimony or
				child support payments;
51.1.12.
				regular contributions from persons not living in the household;
51.1.13. net income for self-employed farmers
				and business-persons, rental income and royalties;
51.1.14. students regular part-time earnings;
				and
51.1.15. other cash income.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-53 - Reviewing Official's Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
53.1. The reviewing official is responsible
				for ensuring that applications have been classified correctly by category of
				eligibility. If the reviewing official is authorized by the SFA to delegate the
				responsibility for reviewing applications, then the person so designated shall
				be informed about program requirements and policy. Since the SFA official who
				signed the policy statement agreement with the State agency ultimately is
				responsible for the integrity of the approval process, the principal's
				signature stamp may be used. A suggested alternative would be to place a
				statement in the school's files as to the name and/or title of the designee,
				who would then be permitted to sign the applications without having to use the
				principal's signature stamp.
53.2.
				Approved or denial of free and reduced price meal applications must be entered
				on the application in the appropriate areas. Parents must be notified of
				approval or denial within 10 working days after the completed application has
				been returned to the school. In making determination regarding eligibility for
				meal benefits, increases in benefit levels must be made no later than three (3)
				operating days from the final decision.
53.3. A fair hearing procedure shall be
				established for parent's appeals concerning eligibility determination and for
				school official's challenges. The Parent and/or guardian has ten (10) days to
				appeal the decision of school officials. During an appeal or hearing, the
				student shall continue to receive free or reduced price meals. Standard hearing
				procedures are outlined in the Policy Statement.
53.4. The reviewing official may request
				verification of information submitted on any application under the following
				circumstances:
53.4.1. a written, signed
				complaint;
53.4.2. illegible,
				incomplete or questionable information on the application; and/or
53.4.3. the USDA required verification
				sampling.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-54 - Reviewing Official's Completing an Application

Current through Register Vol. XLI, No. 28, July 12, 2024
54.1 A reviewing official may complete an
				application for a student known to be needy if the household fails to apply.
54.2. When exercising the option
				in § 126-85-50.1, of this policy, the school official must complete an
				application on behalf of the student based on the best household size and
				income information available and make an eligibility determination. The source
				of the information must be noted. Social security numbers of household members
				need not be secured and these applications may be excluded from verification.
				The household must be notified that the student has been certified and is
				receiving free or reduced price benefits.
54.3. The option in § 126-85-50.1, of
				this policy, is intended for use in individual situations and does not allow
				eligibility determinations for categories or groups of children.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-55 - Providing Meals Prior to Application Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
55.1. During the opening weeks of school,
				before applications for the current school year are received and approved,
				school officials shall serve free and reduced price meals or free milk to
				eligible students. To assist with eligibility determination during the first
				days of school, officials may use:
55.1.1.
				applications on file from the previous school year;
55.1.2. self-certification of secondary
				students under special circumstances;
55.1.3. new students in a school with older
				siblings that were approved for benefits the previous year; and/or
55.1.4. students that transfer within the
				county.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-56 - Application Files and Working List

Current through Register Vol. XLI, No. 28, July 12, 2024
56.1. Following the review and approval or
				denial of applications, a file of current applications and working list of all
				applications shall be established and maintained according to:
56.1.1. Active free. Students whose current
				household income and size indicates free status according to USDA Income
				Eligibility Guidelines.
56.1.2.
				Active reduced. Students whose current household income and size qualifies them
				for reduced status according to USDA Income Eligibility Guidelines.
56.1.3. Temporary free/temporary reduced.
				Students whose current household income indicates eligibility according to USDA
				Income Eligibility Guidelines determined temporary based on: unemployed or
				income from unemployment compensation, worker's compensation; seasonal
				unemployment; temporary layoffs; strikes; temporary use of public assistance;
				pending approval for public assistance; zero (0) income; or anticipated change
				in income.
56.1.4. Inactive
				free/inactive reduced. Students who have withdrawn or transferred.
56.1.5. Denied. Students whose current
				household income does not meet the USDA Income Eligibility Guidelines.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-57 - Collection Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
57.1. A
				procedure to collect payments from students for meals must be established. The
				procedure must prevent the overt identification of students receiving free or
				reduced price meals and enable schools to obtain an accurate daily count of the
				number of free, reduced price, fully paid and adult meals served under the
				school lunch and breakfast programs. The collection procedure shall be approved
				by WVDE. The procedure is reviewed along with the county application for
				program benefits. Suggested methods of collection may be found in the Policy
				Statement. Any variation in the suggested methods must be submitted in detail
				to WVDE for approval prior to implementation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-58 - Daily Meal Count (Point of Service Count)

Current through Register Vol. XLI, No. 28, July 12, 2024
58.1. During the period of school breakfast
				and/or school lunch service, schools are required to follow a system for
				counting, recording and reporting the number of meals served adults and
				students. The system shall provide an accurate daily record of the actual
				number of student meals at the point of service that were served free and at
				the reduced price or fully paid rate. The system shall prevent overt
				identification of students served free or reduced price meals. Suggested
				methods of obtaining point of service meal counts may be found in the Policy
				Statement Any additional methods anticipated must be submitted in detail to
				WVDE for approval prior to implementation.
58.2. Systems that are accepted include:
58.2.1. computerized point of service;
58.2.2. coded tickets collected on
				the line, counted by category;
58.2.3. coded tickets that are punched or
				marked on the line used with a counter to determine number of meals served by
				category;
58.2.4. coded roster
				checked at point of service; and
58.2.5. calculator tapes used with other
				source documents such as coded ticket or student number.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-59 - Discrimination Based on Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
59.1. No discrimination shall be made against
				any student because of inability to pay, nor shall the student's name be
				published nor identification made in any other way. Students eligible for free
				or reduced price meals shall not be required to:
59.1.1. work for their meals;
59.1.2. use a separate lunchroom;
59.1.3. go through a separate serving line;
59.1.4. enter the lunchroom
				through a separate entrance;
59.1.5. eat meals at a different time; nor
59.1.6. eat a different meal from
				the one sold to students paying the full price.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-60 - Student Help

Current through Register Vol. XLI, No. 28, July 12, 2024
60.1. USDA
				regulations state that recipients of free or reduced price meals shall not be
				required to work for those benefits. However, they are not prohibited from
				working voluntarily in the lunchroom. Some schools employ student helpers in
				the lunchroom for monetary or other compensation. In these cases, parents of
				all workers should be informed in writing that their children have volunteered
				to work. The letter should state that for students who have been certified,
				continued eligibility is in no way dependent upon the student's working status.
				Additionally, the letter should not be a part of, nor attached to, the free and
				reduced price letter to parents, application or notice of approval/denial.
60.2. Students who work in the
				food service program can be given a free lunch. However, free or reduced price
				meal reimbursement may not be claimed unless the students' application has been
				approved in accordance with their eligibility, eitherfull price, reduced price
				or free.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-61 - Verification United States Department of Agriculture (USDA)

Current through Register Vol. XLI, No. 28, July 12, 2024
61.1. Each school
				food authority must verify a sample of the total number of applications
				approved for benefits by selecting a sample through either random or focused
				sample. The sample must be taken from approved free and reduced price
				applications on file as of October 31 of each year. An application is counted
				as one application regardless of whether it is a multi-child application or an
				application for one child. The sample size depends on the number of paper
				applications, not the number of children represented. Students that were
				approved through Direct Certification are excluded from verification.
				Confirmation of eligibility must be completed by December 15 of each year.
				Sponsors may request an extension by notifying the Office of Child Nutrition.
				The request must be received by November 30 of each year. The Sponsors Summary
				Report is due to WVDE by January 10 of each year.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-62 - Application Selection

Current through Register Vol. XLI, No. 28, July 12, 2024
62.1. SFAs
				shall satisfy the verification requirement by using either random sampling or
				focused sampling.
62.1.1. Random sampling
				consists of selecting and verifying three percent of applications on file.
				Procedures have been developed to provide a method for the random selection of
				free/reduced applications. Documentation of the random selection is to be kept
				on file at the school.
62.1.2.
				Focused sampling consists of (1) selecting and verifying a minimum of one
				percent or 1,000 of total applications selected from non-food stamp households
				claiming monthly income within $100 or yearly incomes within $1,200 of the
				income eligibility limit for free or reduced price meals plus (2) the lesser of
				one-half percent or 500 applications of food stamp households that provide food
				stamp case numbers in lieu of income information. Procedures have been
				developed to provide a method for the focused sampling selection of
				free/reduced applications. Documentation of the focused sampling will be kept
				on file at the school. Selection of Option 2 for verification purposes shall be
				the responsibility of the WVDE or the SFA and not the individual
				schools.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-63 - Verification Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
63.1. To
				provide a uniform method for obtaining information for verification, forms are
				to be sent to the household. The suggested letter should be duplicated on each
				school's letterhead. The letter is to be accompanied by the parent information
				form, Proof of Income.
63.2.
				Procedures for developing a consistency check for verification will provide a
				uniform method for verifying information on free/reduced meal applications.
63.3. Notations should be made on
				all applications reviewed indicating date and findings.
63.4. Following the consistency check, if
				there is a difference between documentation and application, the household must
				be informed of the findings. This must be accompanied by a new free/reduced
				price meal application. When the new application has been approved the
				household shall be promptly notified. Increases in benefit levels must be made
				no later than three (3) operating days from the final decision.
63.5. When the new application has been
				denied or a reduction in benefits has occurred the household shall be notified
				within ten working days. An appeal can be initiated at this time.
63.6. During the ten day period and
				continuing through the appeal process the student's status remains the same. If
				no response has been received within the ten days the household must be
				notified of a loss of benefits.
63.7. When the verification procedure has
				been completed, a School Summary Report shall be sent to the SFA and a copy
				filed at the school.
63.8. The SFA
				shall compile all School Summary Sheets and send a copy of Sponsor's Summary
				Report to WVDE.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-64 - Release of Information

Current through Register Vol. XLI, No. 28, July 12, 2024
64.1.
				Information obtained from families on the free/reduced lunch forms is to be
				used for determining student's eligibility for meal benefits.
64.2. This information may also be used to
				determine eligibility for free textbooks, workbooks and school supplies, and to
				provide student information to access Medicaid and CHIP benefits. The release
				of this information may only be authorized by the parent or guardian in Section
				VII of the application.
64.3.
				Information may also be released to specific educational officials and other
				agencies sponsoring USDA child nutrition programs so a child may receive
				additional benefits.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-65 - Reporting Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
65.1. A
				daily record of the actual number of meals and/or milk served students and
				adults shall be maintained on Form WVDE-ADM-29 (Daily Record of Program
				Operations) completed according to instructions. The report must be detailed
				daily at each participating school by a responsible person. The monthly claim
				for reimbursement is based on information recorded on this report. The
				completed form is submitted to the SFA on or before the fifth day of the
				succeeding calendar month or as required by the SFA. A copy is to be filed at
				the school.
65.2. Computerized
				Entries - Schools utilizing computers shall maintain daily records of meal
				service that provide identical information as required on form WVDE-ADM-29.
65.3. At the end of each month
				during which meals and/or milk were served to students, a monthly financial
				report, Form WVDE-ADM-30, is completed by each participating school according
				to instructions. Schools in counties with centralized purchasing and accounting
				do not need to complete the WVDE-ADM-30 monthly. Financial data provided on
				this report is the basis for justifying reimbursement payments. The completed
				report is submitted to the SFA quarterly. A copy is to be filed at the school.
65.4. The SFA is responsible for
				sending copies of the five following monthly or annual consolidated reports or
				appropriate computer printouts to the respective WVDE coordinator: WVDE-ADM-29
				(Daily Record Of Program Operations), WVDE-ADM-30 (Monthly Financial Report)
				submitted quarterly, WVDE-ADM-27 (Monthly Claim for Reimbursement), Sponsor's
				Summary Report (Verification), and WVDE-ADM-104 (Annual Report).
65.5. All reports, invoices and other records
				pertaining to the CNP at both the school and SFA level are to be maintained for
				three years plus the current year.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-66 - Reporting Deadlines

Current through Register Vol. XLI, No. 28, July 12, 2024
66.1.
				WVDE-ADM-27 (Monthly Claim for Reimbursement) - Monthly claims for
				reimbursement are due the 10th of the month succeeding the monthly period being
				claimed. Payment of claims received after the deadline date will not be paid
				until the following month. Claims submitted after the federally mandated 60-day
				deadline cannot be processed unless authorized by the USDA.
66.2. WVDE-ADM-30 (Monthly Financial Report)
				- Financial data is to be collected and documented monthly on the WVDE-ADM-30
				(Monthly Financial Report), however, submission of this information to the WVDE
				is required quarterly on the following dates: October 15th, January 15th, April
				15th and July 15th.
66.3.
				WVDE-ADM-104 (Annual Report)-The WVDE will collect year-end information through
				the use of an Annual Report Questionnaire. The questionnaire will be mailed to
				each county board of education during the month of June. Data collected on the
				questionnaire and information reported on the Monthly Financial Report will be
				used to generate an Annual Report. The Annual Report will be constructed at the
				state or local level and sent to each county school board for verification by
				the county's food service director and treasurer/school business official.
66.4. The correct and complete
				Annual Report shall be on file at WVDE prior to September 30th of the following
				fiscal year. Claims for reimbursement will not be processed pending proper
				completion and acceptance of the prior year's Annual Report.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-67 - Reimbursement Procedure and Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
67.1. Each SFA prepares a Monthly Claim for
				Reimbursement, Form WVDE-ADM-27 or computer equivalent from the data submitted
				by each participating school under its jurisdiction. Form WVDE-ADM-27 or
				computer generated equivalent is submitted to the WVDE on or before the tenth
				day of the succeeding month to claim reimbursement for eligible meals and/or
				milk.
67.2. The WVDE shall make
				reimbursement payments to SFAs only in connection with meals meeting the
				requirements of a reimbursable breakfast, lunch or snack. Second meals and/or
				second helpings served to students are not eligible for reimbursement. In no
				case shall reimbursement be claimed for meals and/or milk served to adults.
67.3. Average and/or maximum
				reimbursement rates are determined by the USDA for programs operating under the
				NSLA. Since these rates are subject to change, only the current rates are
				included and will need to be updated periodically. SFAs that served 60 percent
				or more free or reduced price meals during the second preceding year are
				entitled to a higher rate of reimbursement for lunch.
67.4. In all cases, the total reimbursement
				paid to a SFA shall not exceed the actual allowable costs of preparing and
				serving the meals for which the reimbursement is claimed.
67.5. WVDE has established the 10th of each
				month as the deadline date for monthly claims payment. Payment of county claims
				received after the deadline date will not be paid until the following month.
				Federal regulations require all county claims for reimbursement to be submitted
				to WVDE no later than 60 days after the end of the month. 67.5. WVDE has
				established the 10th of each month as the deadline date for monthly claims
				payment. Payment of county claims received after the deadline date will not be
				paid until the following month. Federal regulations require all county claims
				for reimbursement to be submitted to WVDE no later than 60 days after the end
				of the month. Claims received after the 60 day deadline cannot be paid unless
				authorized by the WVDE and/or USDA.
67.6. Reimbursement rates to schools within a
				county may be varied so long as these do not exceed the maximum rate on the
				list of reimbursement rates. The School Food Authority (SFA) will receive only
				the standard reimbursement rate per meal served. If reimbursement rates paid
				one (or more) school(s) are higher than standard, it will be necessary to lower
				the rates paid to another school or schools in order to allocate only the total
				amount of reimbursement received. Such schools receiving higher than standard
				reimbursement rates must be able to document costs for preparing and serving
				meals to justify the higher reimbursement.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-68 - Accurate Participation Records

Current through Register Vol. XLI, No. 28, July 12, 2024
68.1. Since participation data is the basis
				for reimbursement claims, it is imperative that the Daily Record of Program
				Operations reflects complete and accurate information. The system used to
				obtain participation data (including all types of computer systems) must
				guarantee an accurate daily count concerning the following: actual number of
				meals served daily by category, regardless of when payment was made; all meals
				served to all adults (program and nonprogram); all meals served as "second
				meals" and/or other non-reimbursable meal service; a la carte breakfast sales;
				sale of extra milk; and catered meals.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-69 - Accurate Income Records

Current through Register Vol. XLI, No. 28, July 12, 2024
69.1.
				Records and receipts documenting income to the program shall be maintained by a
				responsible person in the school in accordance with the procedures listed
				below:
69.1.1. All income to the program
				shall be properly receipted, reported and deposited.
69.1.2. Financial reports must reflect
				accurate cash balances, cash due the program, source of cash due the program
				and all invested funds with accruing interest.
69.1.3. Bad debts are non-allowable costs to
				the child nutrition program. Payments for bad debts are not reported as new
				program income.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-70 - Accurate Expenditure Records

Current through Register Vol. XLI, No. 28, July 12, 2024
70.1. The USDA, FNS Instruction 796-1,
				Revision 2, requires that all expenditures from the child nutrition account be
				supported by source documents that adequately identify the use of program funds
				for program purposes. All source documents will identify direct allowable
				program costs as reported on Form WVDE-ADM-30 (Monthly Financial Report) at the
				school level.
70.2. USDA
				regulations require that the SFA maintain effective control over, and
				accountability for, all funds, property and other child nutrition programs'
				assets to assure that they are safeguarded and used solely for authorized
				purposes. These costs are reported in order to claim USDA funds at the SFA
				level and to justify costs. Therefore, all records, reports, itemized invoices
				and labor vouchers to support program expenditures shall be maintained at the
				school and/or the SFA levels for the required length of time of three years in
				addition to the current year, in accordance with other provisions of this
				policy and normal school finance procedures.
70.3. Income accruing from operation of the
				child nutrition program may be used for program purposes but not for: purchase
				of land; acquisition or construction of buildings; and/or addition(s) to
				existing buildings.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-71 - Allowable Costs: Food

Current through Register Vol. XLI, No. 28, July 12, 2024
71.1. All
				foods purchased with child nutrition program funds shall be supported by
				itemized invoices that list as a minimum: specific food items; amount
				purchased; cost per unit; total cost; and purchase date.
71.2. All invoices must be signed by the
				person who receives the food.
71.3. A cash register tape without a separate
				itemized listing of all required information is not acceptable and items
				purchased will not be considered allowable expenses.
71.4. Allowable food costs shall not include
				the value of USDA foods or the value of missing inventory items.
71.5. When food and non-food items are listed
				on the same itemized invoice, the costs shall be separated and reported in the
				appropriate categories on Form WVDE-ADM-30 (Monthly Financial Report).
71.6. The SFA shall ensure that
				the cost of food claimed for meal reimbursement includes only the cost of food
				used in child nutrition programs.
71.7. Coffee may be purchased with program
				funds to be served with adult meals. Coffee served other than with adult meals
				is not an allowable child nutrition program expense.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-72 - Allowable Costs: Milk

Current through Register Vol. XLI, No. 28, July 12, 2024
72.1.
				Itemized, signed invoices must be available to support the cost of all milk
				used in child nutrition programs. The SFA shall ensure that the cost of milk
				reported on Form WVDE-ADM-30 includes only milk used for meals and the sale of
				extra milk in child nutrition programs.
72.2. The child nutrition program funds may
				not be used to pay for milk or other beverages sold in the school if the
				proceeds do not accrue to the child nutrition program account.
72.3. When food items, such as cottage cheese
				and ice cream, are included on "milk" invoices, the cost of these items shall
				be separated and reported as "food" on Form WVDE-ADM-30 or computer generated
				equivalent.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-73 - Allowable Costs: Labor

Current through Register Vol. XLI, No. 28, July 12, 2024
73.1.
				Itemized, signed documentation of labor costs must be on file at the school to
				support the cost of labor, which may include:
73.1.1. salaries of school food service
				personnel including fringe benefits such as social security, retirement and
				workers compensation;
73.1.2.
				salaries of students who are employed in child nutrition programs; and/or
73.1.3. direct salary costs of
				non-cooking personnel with specific food service responsibilities as documented
				by function and time sheets.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-74 - Allowable Costs: Supplies and Expendable Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
74.1. Supplies and expendable equipment
				necessary for the operation of child nutrition programs shall be supported by
				itemized invoices signed by the person who received the items.
74.2. Expendable equipment is equipment with
				a useful life of one year or less or with an acquisition cost of less than
				$5,000.
74.3. The SFA shall ensure
				that all supplies and expendable equipment purchased with school food service
				funds are used only for the direct operation of child nutrition programs.
74.4. Garbage bags, detergents and
				other supplies used for purposes other than school food service are not
				allowable child nutrition program expenses.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-75 - Allowable Costs: Non-Expendable Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
75.1. Non-expendable equipment includes all
				food service equipment with a useful life of more than one year and an
				acquisition cost of $5,000 or more.
75.2. Depreciation is the expense associated
				with physical deterioration of equipment and consequent loss of value.
				Depreciation may be claimed as a direct cost for reimbursement purposes. All
				depreciation claimed as child nutrition program costs for federal reimbursement
				must be documented by the SFA.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-76 - Allowable Costs: Indirect

Current through Register Vol. XLI, No. 28, July 12, 2024
76.1.
				In addition to direct costs of operating child nutrition programs, indirect
				costs are incurred. Indirect costs are those that contribute to the cost of
				producing a meal but are not readily identifiable to the child nutrition
				account, such as custodial services. USDA policy allows these to be claimed by
				the SFA for reimbursement purposes. The allowable indirect costs of an SFA
				shall be determined through the use of an indirect cost rate applied to all
				expenditures except food, on an annual basis.
76.2. Financial data to obtain the indirect
				cost rate is submitted to the WVDE Division of Administrative Services by the
				SFA. The responsibility for the development and assignment of indirect cost
				rates for public schools is shared by the USDA and the WVDE.