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 126-85-3 - Operational Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Act"
				is defined as the National School Lunch Act, as amended.
3.2. "ADA" means average daily attendance.
3.3. "Adult" is defined as staff
				members and employees of a school or child care institution including all
				faculty, supervisory, post secondary students, student teachers and other
				personnel.
3.4. "Adult breakfast"
				is defined as a breakfast that is sold to an adult for the full price as
				established by the state and local board of education.
3.5. "Adult lunch" is defined as a lunch that
				is sold to an adult for the full price as established by the state and local
				board of education.
3.6. "Appeal"
				is defined as the right of appeal by a parent or guardian, child or school or
				county employee to the state superintendent for an impartial decision.
3.7. "Assessment procedure" is
				defined as procedure whereby money is reclaimed from a school when a finding is
				made by the West Virginia Department of Education (WVDE) or USDA.
3.8. "Assisted NuMenus (Assisted Nutrient
				Standard Menu Planning)" is defined as a flexible menu planning system whereby
				foods in unspecified quantities may be used to meet the nutrition goals and
				specific nutrient standards. The meals are analyzed by an agency such as the
				WVDE or a consultant outside the School Food Authority (SFA) or school as a
				part of the menu planning process.
3.9. "At Risk Snack Program under National
				School Lunch Program (NSLP-Snack)" - snack program located in schools with 50%
				or more needy or in the attendance area of a school with more than 50% needy.
				All children can be claimed at the free rate of reimbursement.
3.10. "Breakfast" is defined as a meal
				meeting the requirements set forth in federal and state regulations and served
				to a child at or near the beginning of the school day. Schools may serve
				breakfast for an extended period of time or at different times during the
				morning hours.
3.11. "CACFP" means
				Child and Adult Care Food Program.
3.12. "Categorical eligibility" is defined as
				a child for whom food stamps or Temporary Assistance for Needy Families (TANF)
				is received and is automatically eligible for free meals when the household
				provides a current food stamp or TANF case number on the application. If
				application is made for another child in the household who does not come under
				the TANF grant or who is not a member of the food stamp household, eligibility
				for the non-categohcally eligible child must be determined on a household
				size/income basis. Household size would include both the TANF/food stamp
				members and the non-TANF/food stamp members.
3.13. "Certificate of noncollusion" is
				defined as a statement signed by a bidder and submitted with her/his bid to
				affirm that her/his bid is made freely without consultation with any other
				bidder.
3.14. "Certification" is
				defined as the process by which recognition is granted an individual who has
				met and continues to meet certain specific standards established by the ASFSA.
3.15. "Certification regarding
				debarment, suspension, ineligibility and voluntary exclusion" is defined as
				certification by a vendor that the firm or company has not been suspended or,
				declared ineligible, or voluntarily excluded from participation in a
				transaction by any Federal department or agency.
3.16. "Child" is defined as a student of high
				school grade or under who is enrolled in an educational unit of a school. West
				Virginia state law extends this age to 21 for programs for disabled children.
3.17. "CHIP" - Children's Health
				Insurance Program.
3.18. "CN"
				means Child Nutrition.
3.19. "CN
				label" is defined as a voluntary federal labeling program that states the
				products' contribution to the meal pattern requirements; usually found on
				commercially prepared, individual portioned food products.
3.20. "Compelling circumstances" is defined
				as the overwhelming pressures of essential or environmental factors that cause
				a school to request the state superintendent to consider a waiver of the
				requirement to operate a program.
3.21. "Components" is defined as the
				constituent parts of a meal. The lunch pattern requires four components: meat
				or meat alternate, vegetables or fruits, grains/breads and milk. The breakfast
				pattern contains three or four components: fruit or vegetable, grains/breads,
				meat or meat alternate and milk.
3.22. "Cost of milk" is defined as the net
				purchase price paid by the school or child care institution to the milk
				supplier for milk delivered to the school or child care institution. This does
				not include the amount paid to supplier for servicing, rental of or installment
				purchase of milk service equipment.
3.23. "CRE" means coordinated review effort
				and is a comprehensive evaluation of all School Food Authorities participating
				in the Program. The review includes critical and general areas of review.
				Additionally, CRE reviews include other areas of Program operations determined
				by the WVDE to be important to Program performance. CRE sets forth a unified
				Federal and State monitoring system that is expected to improve Program
				management through enhanced monitoring and corrective action. CRE reviews are
				expected to eliminate overlapping review activity between Federal and State
				agencies.
3.24. "CUFS" means
				Commodity Usage Forecast Sheet.
3.25. "Current income" is defined as income
				received during the month prior to application for free or reduced-price meals
				and multiplied by 12. If such income does not accurately reflect the
				household's annual income, income shall be based on the projected annual
				household income. If the prior year's income provides an accurate reflection of
				the household's current annual income, the prior year may be used as a base for
				the projected annual income.
3.26.
				"DA (Distributing Agency)" means the agency responsible for donated foods -
				Department of Health and Human Resources.
3.27. "Debarment" is defined as a shutting
				out or exclusion for cause (as a bidder from the list of qualified bidders).
3.28. "Depreciation" is defined as
				a reasonable allowance for the deterioration, wear and tear and obsolescence of
				non-expendable equipment used primarily in connection with the operation of a
				food service facility.
3.29.
				"Direct certification" is defined as a simplified method of determining some
				children's eligibility for free meals under the National School Lunch Program
				and School Breakfast Program, or free milk under the Special Milk Program
				without having the family complete a free and reduced price meal or free milk
				application. The Office of Child Nutrition obtains documentation from the State
				Department of Health and Human Resources and prepares appropriate computer
				sorts that enable the School Food Authority (SFA) to match the names of
				children that are members of households currently certified to receive food
				stamps or TANF.
3.30. "Direct
				costs" is defined as expenses that are readily identifiable as the part of the
				total cost applicable to the school food service operation. (Examples: cost of
				food, cooks' salaries, supplies.)
3.31. "Distribution cost" (of Special Milk
				Program) is defined as direct expenses incurred by the school or child care
				institution in connection with the sale, handling or serving of milk.
3.32. "Donated Foods" is defined
				as agricultural commodities that the USDA makes available to various food
				program outlets including public and private schools and summer camps.
3.33. "Economic unit" is defined
				as a group of related or unrelated people who share housing and/or all
				significant income and expenses of its members.
3.34. "Edit Checks" is defined as a system of
				comparisons and calculations for individual schools and SFAs to facilitate
				count/report accuracy and to identify potential problems in the meal count
				system.
3.35. "Emancipated
				student" is defined as a student living alone or as a separate economic unit
				that is considered a household of one. Therefore, only the student's income is
				considered for eligibility purposes.
3.36. "Enriched" is defined as a process by
				which the nutrients thiamin, riboflavin, niacin and iron are replaced in
				refined grains and grain products.
3.37. "Equipment" is defined as articles and
				physical resources other than land or buildings used for receiving, storing,
				preparing, transporting or serving food.
3.38. "Extra milk" is defined as milk sold to
				children exclusive of milk served as a component of the breakfast or lunch and
				for which no reimbursement is claimed.
3.39. "Family" is defined as a group of
				related or non-related individuals who are not residents of an institution or
				boarding house, but who are living as one economic unit.
3.40. "Fiscal year (Federal)" is defined as
				the period of 12 calendar months beginning October 1 and ending with September
				30 the following calendar year.
3.41. "Fiscal year (State)" is defined as the
				period of 12 calendar months beginning July 1 and ending June 30 the following
				calendar year.
3.42. "FNIC" means
				the Food and Nutrition Information and Educational Materials Center. The Center
				houses audio-visual and printed materials related to school food service.
3.43. "FNS" means Food and
				Nutrition Service.
3.44. "FNSRO"
				means the Food and Nutrition Service, Regional Office. In the case of West
				Virginia, it is the Mid-Atlantic Region with headquarters in Robbins ville,
				N.J.
3.45. "Food based menus" is
				defined as a USDA menu planning system whereby foods from specific food groups
				and in specific quantities are used to meet the nutrition goals and standards.
				The state agency analyzes menus from historical data (i.e. production records)
				as a method to verify compliance with the Dietary Guidelines for Americans.
3.46. "Food service area" is any
				area on the school premises where reimbursable meals are served and/or consumed
				by students.
3.47. "Food service
				management company" is defined as an organization other than a public or
				private nonprofit school with which an institution may contract for preparing
				and, unless otherwise provided for, delivering meals, with or without milk for
				use in the Program.
3.48. "Food
				service personnel" is defined as local school food service employees classified
				food services supervisor, cafeteria manager, Cook I, Cook II, Cook III and food
				service director/coordinator.
3.49. "Food stamp household" is defined as
				any individual or group of individuals who is currently certified to receive
				benefits under the Food Stamp Program.
3.50. "Fortified" is defined as the addition
				of a nutrient to a food product to increase that nutrient's density above that
				normally found in the product. The addition of milk solids to low-fat milk to
				produce "protein fortified" milk is an example.
3.51. "Foster child" is defined as a child
				who is living with a family but who remains the legal responsibility of the
				welfare agency. Only the income received for foster care for the child should
				be considered for eligibility purposes.
3.52. "Free lunch or free breakfast" is
				defined as a lunch or breakfast for which neither the child nor any member of
				the child's family pays or is required to work in the school or in the school's
				lunch program. Federal reimbursement for a free lunch or breakfast shall be
				claimed only for an eligible child with an approved application for free meals.
3.53. "High Schools" is defined,
				for the purposes of this rule, as a school with a grade configuration of 9-12,
				10-12 or 11-12.
3.54. "Household"
				is defined as members of a family/household who live together and share
				expenses; a group of related or nonrelated individuals, who are not residents
				of an institution or boarding house, but are living as one economic unit.
3.55. "Income standards" is
				defined as the family-size and income standards prescribed annually by the
				Secretary of Agriculture for determining eligibility for free and reduced-price
				meals under the National School Lunch Program and the School Breakfast Program.
3.56. "Indirect cost rate (also
				called non-restricted cost rate)" is defined as a predetermined factor that
				will yield allowable indirect costs when applied to adjusted direct costs. This
				factor is assigned annually by the Division of Administrative Services of the
				West Virginia Department of Education from data furnished by the County Boards
				of Education. Indirect cost rate for Private Schools and Residential Child Care
				Institutions (RCCI's) is ten percent.
3.57. "Indirect costs" is defined as those
				costs representing supporting services and incidental supplies that are
				furnished by general support services program of the school system. These
				costs, if properly documented, may be eligible costs of the food services and
				when added to direct costs, show the full cost of the food service operation.
3.58. "Medicaid" is defined as a
				government financed program of medical aid designed for those unable to afford
				regular medical services.
3.59.
				"Milk" is defined as pasteurized fluid types of unflavored whole milk, low fat
				milk, skim milk or cultured buttermilk that meets state and local standards for
				such milk. All milk should contain vitamins A and D at levels specified by the
				Food and Drug Administration and be consistent with state and local standards
				for such milk.
3.60. "NAC" means
				Nutrition Advisory Council.
3.61.
				"Needy children" is defined as children from families meeting the standards for
				free and reduced price meals.
3.62. "NET (Nutrition Education and Training
				Program)" means that in November, 1977, the Child Nutrition Act was amended to
				establish a system of grants to state education agencies for the development of
				comprehensive nutrition information and education programs. Such nutrition
				programs shall freely use as a learning laboratory the school lunch and child
				nutrition programs.
3.63. "Net
				cash resources" is defined as money in the child nutrition account plus all
				money due the account less the amount of unpaid bills.
3.64. "Non-expendable equipment" is defined
				as tangible property having a useful life of more than one year and an
				acquisition cost of $5000 or more per unit.
3.65. "Non-pricing program (Special Milk)" is
				defined as a program in which milk is not sold to children on a daily, weekly,
				monthly or annual basis. The milk is provided by funds from the institution,
				camp, school or in some cases by a tuition payment.
3.66. "Nonprocurement" refers to procurement
				actions undertaken by government grantees or subgrantees.
3.67. "Non-profit private school" is defined
				as a non-public school that is exempt from income tax under the Internal
				Revenue Code.
3.68. "Non-program
				adult meals" is defined as meals sold to adults not directly involved in the
				child nutrition program.
3.69.
				"Non-restricted cost rate" means Indirect cost rate.
3.70. "NSLA" means National School Lunch Act.
3.71. "NSLP" means National School
				Lunch Program.
3.72. "NSLP-Snack"
				means the Snack Program under the National School Lunch Program (NSLP).
3.73. "NuMenus (Nutrient Standard
				Menu Planning)" is defined as a flexible menu planning system whereby foods in
				unspecified quantities may be used to meet the nutrition goals and specific
				nutrient standards. The meals are analyzed by the School Food Authority (SFA)
				or school as a part of the menu planning process.
3.74. "Nutrient Analysis" an analysis of
				nutrient data to determine the degree to which menus meet nutrition standards
				and Dietary Guidelines for Americans.
3.75. "Nutrient standard" is defined as the
				required level of calories and nutrients for a specific grade or age group.
3.76. "Nutrition Goals" refers to
				meeting 1/3 of the Recommended Dietary Allowance (RDA) for lunch, 1/4 of the
				RDA for breakfast, the Dietary Guidelines for Americans and calorie levels for
				specific ages or grade groups.
3.77. "Nutritional standards" is defined as
				standards for meal patterns as prescribed by they WDE.
3.78. "OA" means Office of Audit of United
				States Department of Agriculture (USDA).
3.79. "OVS" means that a senior high school
				student is not required to accept more than 3 of the 5 items of the school
				lunch. "Offer" means that the complete lunch is made available to students. The
				OVS may be extended to junior high and elementary schools at the discretion of
				the local SFA.
3.80. "OP" means
				Office of Investigation of USDA.
3.81. "OIG" means Office of Inspector General
				of USDA.
3.82. "OMB" means Office
				of Management and Budget.
3.83.
				"Paid breakfast or lunch" is defined as a breakfast or lunch that is sold to a
				child at the full price, as established by the county board of education.
3.84. "Perpetual inventory" is
				defined as a running record, up to date, of each item on hand in the storeroom.
3.85. "Physical inventory" is
				defined as the value of items on hand at the end of an accounting period
				(usually a month).
3.86. "Pricing
				program (Special Milk)" is defined as a program in which milk is sold to
				children and is paid for daily, weekly, monthly or annually. The price that
				children pay for milk will be lowered by making maximum use of the
				reimbursement.
3.87. "Processing
				contracts" is defined as an agreement between a processing company and the
				state distributing agency or between a processing company and a recipient
				agency whereby donated foods, made available by USDA, may be converted into
				end-products or components used in school meals.
3.88. "Product analysis sheet" is defined as
				a statement by the producer or distributor of a prepared entree specifying the
				amount of meal components supplied by a product. (For example, a statement by
				the distributor of a pizza product might read: "Each 4" X 6" slice of pizza
				contains the equivalent of 2 oz. of meat/meat alternate, 1/8 cup vegetable, 1
				slice enriched bread.")
3.89.
				"Program adult meals" is defined as meals served to adults who are directly
				involved in the operation and administration of the child nutrition program and
				are furnished at no charge.
3.90.
				"Public hearing" is defined as a hearing conducted by the school for the
				parents of the children enrolled in that school.
3.91. "RCCI (Residential Child Care
				Institution)" means Homes for mentally impaired, or emotionally disturbed
				children, unmarried mothers, orphanages; temporary shelters for abused or
				runaway children; and juvenile detention centers.
3.92. "Recertification" is defined as the
				process by which recognition is granted an individual who has met and continues
				to meet certain specific standards established by the American School Food
				Service Association (ASFSA) (See CERTIFICATION).
3.93. "RDA (recommended dietary allowance)"
				means a list of nutrients and the quantities needed daily for men, women and
				children published by the Food and Nutrition Board, National Academy of
				Sciences/National Research Council.
3.94. "Reduced price meal" is defined as a
				meal that meets the following criteria:
3.94.1. The price shall be less than the full
				price of the meal.
3.94.2.
				Currently in West Virginia the lunch is priced at 40 cents and the breakfast at
				30 cents.
3.94.3. Neither the
				child nor any member of the child's family shall be required to supply an
				equivalent value in work for the school or in the school's food service.
3.94.4. Federal reimbursement for
				the school lunch or breakfast may be claimed only for a child with an approved
				and valid application for a reduced price meal.