8500  FOOD SERVICES
The Board of Education shall make school lunch available to all students enrolled in a school in the district unless less than five percent of enrolled students in the school are Federally eligible for a free or reduced price lunch in accordance with N.J.S.A. 18A:33-4.  School lunches made available pursuant to N.J.S.A.   18A:33-4 and this Policy shall meet minimum nutritional standards, established by the Department of Education.
Free or reduced price breakfast and lunch, as required, shall be offered, under a school lunch program, school breakfast program, or a breakfast after the bell program, to all enrolled students who are determined to be Federally eligible for free or reduced price meals.  As provided by N.J.S.A. 18A:33-4.a.(3) and N.J.S.A. 18A:33-14a.a.(2), any student who is eligible for a reduced price lunch and breakfast, pursuant to Federal income eligibility standards and criteria, shall not be required to pay for such lunch or breakfast. Free lunch or breakfast shall also be offered to each enrolled student who is Federally ineligible for free or reduced price meals, but who has an annual household income that is not less than one hundred and eighty-six percent, and not more than one hundred ninety-nine percent, of the Federal poverty level, as determined pursuant to N.J.S.A.   18A:33-21b1.
A.    	Breakfast Program – N.J.S.A. 18A:33-10; 18A:33-10.1; 18A:33-11; 			18A:33-11.1; 18A:33-11.3; 18A:33-14a.
	If twenty percent or more of the students enrolled in a school in the district 		on October 1 of the preceding school year were Federally eligible for free or 		reduced price meals under the National School Lunch Program or the 			Federal School Breakfast Program, the district shall establish a school 			breakfast program in the school in accordance with the provisions of N.J.S.A. 		18A:33-10.
	Notwithstanding the provisions of N.J.S.A. 18A:33-10 to the contrary, if ten 		percent or more of the students enrolled in a school in the district on October 		1 of the preceding school year were Federally eligible for free or reduced 			price meals under the National School Lunch Program or the Federal School 		Breakfast Program the district shall establish a breakfast program in 			accordance with the provisions of N.J.S.A. 18A:33-10.1.
	If seventy percent or more of the students enrolled in a school in the district 		on or before the last school day before October 16 of the preceding school 			year were Federally eligible for free or reduced price meals under the 			National School Lunch Program or the Federal School Breakfast Program, 		the district shall establish a breakfast after the bell program pursuant to 			N.J.S.A. 18A:33-11.3.
	In accordance with N.J.S.A. 18A:33-11, in implementing a school lunch 			program, pursuant to 18A:33-4 et seq., a school breakfast program, pursuant 		N.J.S.A. 18A:33-9 et seq., or N.J.S.A. 18A:33-10.1, or a breakfast after the 		bell program, pursuant to N.J.S.A. 18A:33-11.1 or N.J.S.A. 18A:33-11.3, the 		district shall:
	1.     	Publicize, to parents and students, the availability of the respective 				school meals program, as well as the various ways in which a student 			may qualify to receive free or reduced price meals under the program, 			as provided by N.J.S.A. 18A:33-4 and N.J.S.A. 18A:33-14a;
	2.     	Make every effort to ensure that subsidized students are not 				recognized as program participants, by the student body, faculty, or 			staff, in a manner that is different from the manner in which 				unsubsidized students are recognized as program participants.  Such 			efforts shall include, but need not be limited to, the establishment of a 			neutral meal plan or voucher system that does not make a distinction 			between subsidized and unsubsidized students; and
	3.     	Make every effort to:
		a.     	Facilitate the prompt and accurate identification of 						categorically eligible students who may be certified to 					participate in the program, on a subsidized basis, without first 				submitting an application therefore, and, whenever an 					application is required to establish eligibility for subsidized 					meals, encourage students and their families to submit a 					subsidized school meals application for that purpose;
		b.     	Facilitate and expedite, to the greatest extent practicable, the 				subsidized school meals application and income-eligibility 					determination processes that are used, by the district, to certify 				a student for free or reduced price school meals on the basis of 				income, and assist parents in completing the school meals 					application; and
		c.     	Encourage students who are neither categorically eligible nor 				income-eligible for free or reduced price school meals to 					nonetheless participate, on a paid and unsubsidized basis, in 				the program.
	If the district participates in the Federal School Breakfast Program, the 			district is encouraged to increase the number of students participating in the 		program by establishing a breakfast after the bell program that incorporates 		school 	breakfast into the first-period classroom or the first few minutes of 			the school day pursuant to N.J.S.A. 18A:33-11.1.
	Pursuant to N.J.S.A. 18A:33-14a., school breakfasts made available to 			students under a school breakfast program or a breakfast after the bell 			program shall meet minimum nutritional standards, established by the New 		Jersey Department of Education. 
	The State of New Jersey shall provide funding to each school in the district if 		the school operates a School Breakfast Program or a breakfast after the bell 		program, as may be necessary to reimburse the costs associated with the 			school’s provision of free breakfasts, pursuant to N.J.S.A. 18A:33-14a.b., to 		students who are Federally ineligible for free or reduced price meals.
B.    	Summer Food Service Program – N.J.S.A. 18A:33-23; 18A:33-24;   			18A:33-25; 18A:33-26
	In accordance with N.J.S.A. 18A:33-24, if fifty percent or more of the 			students enrolled in the school district on or before the last school day before 		October 16 of the preceding school year were Federally eligible for free or 		reduced price meals under the National School Lunch Program or the 			Federal School Breakfast Program, the district shall become a sponsor or site 		under the Federal Summer Food Service Program or apply for a waiver 			pursuant to N.J.S.A. 18A:33-26.
	In accordance with N.J.S.A. 18A:33-23, the district shall notify each student 		enrolled and the student’s parent of the availability of, and criteria of 			eligibility for, the summer meals program and the locations in the district 			where the summer meals are available. The district shall provide this 			notification by distributing flyers provided by the New Jersey Department of 		Agriculture pursuant to subsection N.J.S.A. 18A:33-23.c.  The district may 		also provide electronic notice of the information through the usual means by 		which the district communicates with parents and students electronically.
	Pursuant to N.J.S.A. 18A:33-26.a., the New Jersey Department of 				Agriculture may grant a waiver of the requirements of N.J.S.A.      18A:33-24 		et seq.  To be granted a waiver, the district must show that it lacks the staff, 		facilities, or equipment to sponsor the Federal Summer Food Service 			Program, or the means to finance the hiring or acquisition of such staff, 			facilities, or equipment.  The New Jersey Department of Agriculture also 			may grant a waiver for one year to the district if a different sponsor 			currently runs the Federal Summer Food Service Program within the 			district’s community.
	Pursuant to N.J.S.A. 18A:33-26.b., the district shall report to the New Jersey 		Department of Agriculture, in the manner prescribed by the New Jersey 			Department of Agriculture, its reasons for requesting a waiver of the 			requirements of N.J.S.A. 18A:33-24 et seq.  The report shall include, but need 		not be limited to, a description of the specific impediments to implementing 		the program and actions that could be taken to remove those impediments or, 		where applicable, the identification of the sponsor that currently runs the 			program within the same community.
C.    	Information Provided to Parents Regarding the National School Lunch 			Program and the Federal School Breakfast Program – N.J.S.A. 				18A:33-21b1
	1.     	At the beginning of each school year, or upon initial enrollment, in the 			case of a student who enrolls during the school year, the school shall 			provide each student’s parent with:
		a.     	Information on the National School Lunch Program and the 				Federal School Breakfast Program, including, but not limited 				to, information on the availability of free or reduced price 					meals for eligible students, information on the application and 				determination processes that are used to certify eligible 					students for subsidized school meals, and information on the 				rights that are available to students and their families under 					N.J.S.A. 18A:33-21b1 and N.J.S.A.18A:33-21; and
		b.     	A school meals application form, as well as instructions for 				completing the application, and, as necessary, assistance in 					completing the application.
	2.     	The school meals information and application provided to parents, 				pursuant to N.J.S.A. 18A:33-21b1.a. shall:
		a.     	Be communicated in a language that the parent understands;
		b.     	Specify the limited purposes for which collected personal data 				may be used, as provided by N.J.S.A. 18A:33-21b1.c.; and
		c.     	Be submitted to the parent either in writing or electronically.  				In the latter case, the school district shall use the usual means 				by which it communicates with parents electronically.
	3.     	A school meals application that is completed by a parent shall be 				confidential, and shall not be used or shared by the student’s school or 			school district, except as may be necessary to:
		a.     	Determine whether a student identified in the application is 					eligible for free or reduced price school meals;
		b.     	Determine whether the school or school district is required, by 				N.J.S.A. 18A:33-11.3 or by N.J.S.A. 18A:33-24, to establish a 				breakfast after the bell program, or to participate as a sponsor 				or site in the Federal Summer Meals Service Program;
		c.     	Ensure that the school receives appropriate reimbursement, 					from the State and Federal governments, for meals provided to 				eligible students, free of charge, through a school lunch 					program, a school breakfast program, a breakfast after the bell 				program, a summer meals program, or an emergency meals 				distribution program; and
		d.     	Facilitate school aid determinations under the “School 					Funding Reform Act of 2008,” N.J.S.A. 18A:7F-43 et seq.
D.    	Free or Reduced Price Meals’ Application Process – 7 CFR 245
	School meals applications shall be reviewed in a timely manner.  An 			eligibility determination will be made, the family will be notified of its status, 		and the status will be implemented as soon as possible within ten operating 		days of receipt of the completed application pursuant to 7 CFR 245.6(c)(6).  Any 		student found eligible shall be offered free or reduced price 	meals or free milk 		immediately upon the establishment of their eligibility and shall continue to 		receive such meals during the pendency of any inquiry regarding their eligibility 		in accordance with the requirements of the Division 	of Food and Nutrition, 		School Nutrition Programs, New Jersey Department of Agriculture.  			Carry-over of previous year’s eligibility for students shall be in accordance with 		the requirements of the Division of Food and Nutrition, School Nutrition 			Programs, New Jersey Department of Agriculture.
	In accordance with 7 CFR 245.6(c)(1) and (2), eligibility for free or reduced 		price meals, as determined through an approved application or by direct 			certification, must remain in effect for the entire school year and for up to 			thirty operating days in the subsequent school year. Prior to the processing of 		an application or the completion of direct certification procedures for the 			current school year, children from households with approved applications or 		documentation of direct certification on file from the preceding year, shall be 		offered reimbursable free and reduced price meals, as appropriate.
	In accordance with 7 CFR 245.6(c)(6)(iii), children from households that 			notify the local educational agency that they do not want free or reduced 			price benefits must have their benefits discontinued as soon as possible.
	Pursuant to 7 CFR 245.6(c)(7), if the district receives an incomplete school 		meals application or a school meals application that does not meet the 			eligibility criteria for free or reduced priced benefits, the school meals 			application must be denied. The district shall document and retain the denied 		school meals application and reasons for ineligibility for three years in 			accordance with 7 CFR 245.6(e).
	In accordance with 7 CFR 245.6(c)(7), parents of students who are denied 			benefits must receive prompt, written notification of their denial. The 			notification may be provided by mail or e-mail to the individual who signed 		the school meals application. Posting the denial on the “notification” page of 		an online system does not meet this requirement. Likewise, informing the 			parent of denial via telephone does not meet this requirement.  If the district 		uses an automated telephone information system to notify parents of denied 		benefits, the district must also provide the parents with written notification 		of the denial. The notification must provide the: reason for denial of benefits; 		right to appeal; instructions on how to appeal; and ability to reapply for free 		and reduced price benefits at any time during the school year.
	In accordance with 7 CFR 245.6(e), the district shall record the eligibility 			determination and notification in an easily referenced format. The record 			shall include the: denial date; reason for denial; date the denial notice was 			sent; and signature or initials of the determining official (may be electronic, 		where applicable).
	Any parents of students who have benefits that are to be reduced or 			terminated must be given ten calendar days’ written notice of the change 			prior to the date the change will go into effect pursuant to                           7 		CFR 245.6a(j).  The first day of the advance notice period shall be the day 			the notice is sent.  The notice of adverse action may be sent via mail or to the 		e-mail address of the parent. The district cannot notify the household of 			adverse action by phone only.
	Pursuant to 7 CFR 245.6a(j), the notice of adverse action must advise the 			parents of: change in benefits; reasons for the change; an appeal must be 			filed within the ten calendar days advance notice period to ensure continued 		benefits while awaiting a hearing and decision; instructions on how to 			appeal; and the parents may reapply for benefits at any time during the 			school year.
	If the district participates in any National School Lunch Program, School 			Breakfast Program, or provides free milk under the Special Milk Program, 		the district shall submit to the New Jersey Department of Agriculture a free 		and reduced price policy statement pursuant to 7 CFR 245.10.
	In accordance with 7 CFR 245.1(b), the district shall avoid any policy or 			practice leading to the overt identification of students receiving free or 			reduced price meal benefits.  Overt identification is any action that may 			result in a child being recognized as potentially eligible for or certified for 			free or reduced price school meals.  Unauthorized disclosure or overt 			identification of students receiving free and reduced price meal benefits is 			prohibited.  The district shall ensure that a child’s eligibility status is not 			disclosed at any point in the process of providing free and reduced price 			meals, including: notification of the availability of free and reduced price 			benefits; certification and notification of eligibility; provision of meals in the 		cafeteria; and the point of service.  In addition, the district shall ensure 			students who receive free and reduced price benefits are not overtly 			identified when they are provided additional services under programs or 			activities available to low-income students based on their eligibility for free 		and reduced price meals.
	Pursuant to 7 CFR 245.2, disclosure means revealing or using individual 			student’s program eligibility information obtained through the free and 			reduced price meal or free milk eligibility process for a purpose other than 		the purpose for which the information was obtained. Disclosure includes, but 		is not limited to, access, release, or transfer of personal data about students 		by means of print, tape, microfilm, microfiche, electronic communication, or 		any other means.  It includes eligibility information obtained through the 			school meals application or through direct certification.
	If the district accepts both cash and electronic payments, the district shall 			ensure students are not overtly identified through the method of payment 			pursuant to 7 CFR 245.8(b).  To the maximum extent practicable, the district 		must ensure the sale of non-program foods and the method of payment for 			non-program foods do not inadvertently result in students being identified by 		their peers as receiving free and reduced price benefits.
	The School Business Administrator/Board Secretary or designee will verify 		applications of those eligible for free or reduced price meals in accordance 		with the requirements of the Division of Food and Nutrition, School 			Nutrition Programs, New Jersey Department of Agriculture.
E.     	Meal Charge Program – N.J.S.A. 18A:33-21
	The Board of Education provides a meal charge program to permit 				unsubsidized students in the district to charge for breakfast or lunch.  			Collection of any payment for a meal charge program account that is in 			arrears shall be addressed in accordance with provisions of this Policy.
	“Unsubsidized student” means a student who is neither categorically eligible 		nor income-eligible for free or reduced price school meals, and who is, 			consequently, required to pay for any such meals that are served to the 			student under the National School Lunch Program or the Federal School 			Breakfast Program.
	The Board of Education recognizes a student may not have breakfast or 			lunch (meal), as applicable, or money to purchase a meal at school on a 			school day causing the student’s meal charge account to fall into arrears.  			The district shall contact the student’s parent to provide notice of the 			arrearage and shall provide the parent with a period of 20 school days to 			pay the amount due.  If the student’s parent has not made full payment by 			the end of the designated 20 school day period, then the district shall again 		contact the student’s parent to provide notice of any action to be taken by the 		school district in response to the arrearage.
	A parent who has received a second notice their child’s meal bill is in arrears 		and who has not made payment in full within one week from the date of the 		second notice may be requested to meet with the Principal or designee to 			discuss and resolve the matter.
	A parent’s refusal to meet with the Principal or designee or take other steps 		to resolve the matter may be indicative of more serious issues in the family or 		household.  However, when a parent’s routine failure to provide breakfast or 		lunch is reasonably suspected to be indicative of child neglect, the Principal 		or designee shall immediately report such suspicion to the Department of 			Children and Families, Division of Child Protection and Permanency as 			required in N.J.S.A. 9:6-8.10.  Such reporting shall not be delayed to 			accommodate a parent’s meeting with the Principal or designee.
	A school district shall report at least biannually to the New Jersey 				Department of Agriculture the number of students who are denied school 			breakfast or school lunch in accordance with N.J.S.A. 18A:33-21.a.(2) and 		this Policy.
	Nothing in N.J.S.A. 18A:33-21 or this Policy shall be construed to require the 		district to deny or restrict the ability of an unsubsidized student to access 			school breakfast or school lunch when the student’s school breakfast or 			school lunch bill is in arrears.  The Board shall grant broad discretion to the 		Principal in determining each students food service needs and to what extent, 		if any, any student in arrears shall be made to reimburse the district for 			unpaid meals.
	The school or school district shall not:
	1.     	Publicly identify or stigmatize an unsubsidized student who cannot 			pay for a school breakfast or a school lunch or whose school breakfast 			or school lunch bill is in arrears.  (For example, by requiring the 				student to sit at a separate table or by requiring that the student wear 			a wristband, hand stamp, or identifying mark, or by serving the 				student an alternative meal);
	2.     	Require an unsubsidized student, who cannot pay for a school 				breakfast or a school lunch or whose school breakfast or school lunch 			bill is in arrears to do chores or other work to pay for the school 				breakfast or school lunch;
	3.     	Require an unsubsidized student to discard a school breakfast or 				school lunch after it has been served because of the student’s inability 			to pay for a school breakfast or school lunch or because money is 				owed for previously provided meals;
	4.     	Prohibit an unsubsidized student, or sibling of such a student, from 			attending or participating in non-fee-based extracurricular activities, 			field trips, or school events, from receiving grades, official transcripts, 			or report cards, or from graduating or attending graduation events, 				solely because of the student’s unresolved meal debt; or
	5.     	Require the parent of an unsubsidized student to pay fees or costs in 			excess of the actual amounts owed for meals previously served to the 			student.
	If an unsubsidized student owes money for the equivalent of five or more 			school meals, the Principal or designee shall:
	1.     	Determine whether the student is categorically eligible or 					income-eligible for free or reduced price meals, by conducting a 				review of all available records related to the student, and by making 			at least two attempts, not including the initial attempt made pursuant 			to N.J.S.A. 18A:33-21.c.(2), to contact the student’s parent and have 			the parent fill out a school meals application; and
	2.     	Contact the parent of the unsubsidized student to offer assistance with 			respect to the completion of the school meals application; and to 				determine if there are other issues in the household that have caused 			the student to have insufficient funds to purchase a school breakfast 			or school lunch; and to offer any other appropriate assistance.
	The school district shall direct communications about a student’s school 			breakfast or school lunch bill being in arrears to the parent and not to the 			student.  Nothing in N.J.S.A. 18A:33-21 shall prohibit the school district from 		sending a student home with a letter addressed to a parent.
	Notwithstanding the provisions of N.J.S.A. 18A:33-21 and the provisions of 		any other law, rule, or regulation to the contrary, an unsubsidized student 			shall not be denied access to a school meal, regardless of the student’s ability 		to pay or the status of the student’s meal arrearages, during any period of 			time in which the school is making a determination, pursuant to N.J.S.A. 			18A:33-21.c., as to whether the student is eligible for, and can be certified to 		receive, free or reduced price meals.
	If the student’s meal bill is in arrears, but the student has the money to 			purchase a meal on a subsequent school day, the student will be provided a 		meal with payment and the food service program will not use the student’s 		payment to repay previously unpaid charges if the student intended to use 			the money to purchase that school day’s meal.
	Students receiving free meals will not be denied a meal even if they accrued a 		negative balance from other purchases in the cafeteria.
	The school district may post this Policy on the school district’s website 			provided there is a method in place to ensure this Policy reaches all 			households without access to a computer or the Internet.
F.     	Provision of Meals to Homeless Children – N.J.S.A. 18A:33-21c.
	The district’s liaison for the education of homeless children shall coordinate 		with district personnel to ensure that a homeless student receives free school 		meals and is monitored according to district policies pursuant to N.J.S.A. 			18A:33-21c.
G.    	Provision of School Meals During Period of School Closure – N.J.S.A. 			18A:33-27.2
	In the event the Board is provided a written directive, by either the New 			Jersey Department of Health or the health officer of the jurisdiction, to 			institute a public health-related closure due to the COVID-19 epidemic, the 		district shall implement a program, during the period of the school closure, 		to provide school meals, at meal distribution sites designated pursuant to 			N.J.S.A. 18A:33-27.2.b., to all students enrolled in the district who are either 		categorically eligible or income-eligible for free or reduced price school 			meals.
	In the event of an emergency closure, as described in N.J.S.A.         			18A:33-27.2.a., the district shall identify one or more school meal distribution 		sites that are easily accessible to students in the district. The 				district shall collaborate with county and municipal government officials in 		identifying appropriate sites. A school meals distribution site may include, 		but need not be limited to: faith-based locations; community centers, such as 		YMCAs; and locations in the district where meals are made available 			through a summer meals program; as well as designating a school within the 		district to serve as a meal distribution center if that school is easily accessible 		and centrally located within the district. In a district that includes high 			density housing, the district shall make every effort to identify a school meal 		distribution site in that housing area.
	The district shall identify students enrolled in the district who are 				categorically eligible or income-eligible for free or reduced price meals, and 		for whom a school meal distribution site, identified pursuant to N.J.S.A. 			18A:33-27.2.b., is not within walking distance, and the parent or student is 		unable to travel to the distribution site. In the case of these students, 			the district shall distribute the school meals to the student’s residence or to 		the student’s bus stop along an established bus route, provided that the 			student or the student’s parent is present at the bus stop for the distribution. 		Food distributed pursuant to N.J.S.A. 18A:33-27.2.c. may include up to a 			total of three school days’ worth of food per delivery.
	The district may use school buses owned and operated by the district to 			distribute school meals pursuant to N.J.S.A. 18A:33-27.2.  If the district does 		not own and operate its own buses, the district may contract for the 			distribution of school meals, and these contracts shall not be subject to the 			public bidding requirements established pursuant to the “Public School 			Contracts Law,”  N.J.S.A. 18A:18A-1 et seq.
	The district shall collaborate, as feasible, with other districts and with local 		government units to implement the emergency meals distribution program, 		as required by N.J.S.A. 18A:33-27.2, in order to promote administrative and 		operational efficiencies and cost savings.
	School lunches and breakfasts that are made available, through an 				emergency meals distribution program operating pursuant to N.J.S.A. 			18A:33-27.2, shall be provided to eligible students, free of charge, in 			accordance with the provisions of N.J.S.A. 18A:33-4.a. and N.J.S.A. 			18A:33-14a.
H.    	Statement of Compliance
	All food service programs shall be operated pursuant to 7 CFR 245, as 			appropriate, and this Policy.

N.J.S.A. 18A:18A-42.1; 18A:33-4; 18A:33-5; 18A:33-10;
18A:33-10.1; 18A:33-11; 18A:33-11.1; 18A:33-11.2;
18A:33-11.3; 18A:33-14a.; 18A:33-21; 18A:33-21a.;
18A:33-21b1; 18A:33-21c.; 18A:33-23; 18A:33-24;
18A:33-25; 18A:33-26; 18A:33-27.2; 18A:58-7.1;
18A:58-7.2
N.J.A.C. 2:36
N.J.A.C. 6A:23-2.6 et seq.
N.J.A.C. 8:24-2.1 through 7.5
7 C.F.R. 210.1 et seq.

Cross reference: Policy Guide Nos. 6480, 6640
Date Adopted:	8/30/65
Date Revised:	1/19/76, 3/18/91, 6/26/2006, 12/19/23