W. Va. Code R. § 126-85-3
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-85-3 - Operational Definitions3.1. "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. 3.95. "Regulation" is defined as a statement issued by a federal agency. It establishes requirements that must be met under laws passed by Congress. 3.96. "Reimbursement" is defined as financial assistance paid or payable to participating schools for lunches and breakfasts meeting the requirements of the USDA and WVDE and served to eligible children with valid applications on file. 3.97. "Revenue" is defined as the value of resources available to operate the food service program including cash funds (federal, state and local) and the value of goods and services contributed. 3.98. "SBP" means School Breakfast Program. 3.99. "School" is defined as an educational unit of high school grade or under operating under public or non-profit ownership in a single building or complex of buildings. The term "high school grade or under" includes classes of pre-primary grade when they are conducted in a school having classes of primary grade or higher grade or when they are recognized as a part of the educational system in the state regardless of whether such pre-primary grade classes are conducted in a school having classes of primary or higher grade. 3.100. "School day" is defined as the time between the arrival of the first child at school and the end of the last scheduled instructional period. 3.101. "School in severe need" is defined as a school eligible for rates of reimbursement for free and reduced price breakfasts that are in excess of the current average payments. 3.102. "School Year" is defined as a period of 12 calendar months beginning July 1 of any year and ending June 30 of the following year. 3.103. "SDA (State Distributing Agency)" is responsible for donated foods-West Virginia Department of Health and Human Resources. 3.104. "Section 4" is defined as the section of the National School Lunch Act that describes how funds shall be apportioned among the states for an average reimbursement per lunch per child. 3.105. "Senior high school student" means: 3.105.1. any student enrolled in a 3 year high school (grades 10-12), or 3.105.2. any student enrolled in a 4 year high school (grades 9-12), or 3.105.3. any student in a 5 or 6 year secondary school that is enrolled in either: 3.105.4. as determined by the local School Food Authority. 3.106. "Serving period" is defined as the period of time that is normally required to serve a school breakfast or lunch. The serving period shall provide at least ten minutes of eating time after service of breakfast and twenty minutes of eating time after service of lunch.3.107. "SFA (School Food Authority)" means the governing body that is responsible for the administration of one or more schools and has the legal authority to operate a breakfast or lunch program therein. 3.108. "SMI (School Meals Initiative for Healthy Children)" is defined as federal regulation requiring that all lunches and breakfasts served under the National School Lunch Program and School Breakfast Program meet the Dietary Guidelines for Americans. 3.109. "SMP" means Special Milk Program. 3.110. "SOC" means State Optional Contract that makes specified products available to states for distribution to recipient agencies. 3.111. "Soft drinks" is defined as, for the purposes of this policy, "soft drinks" shall mean the same as "bottled soft drinks" as defined in Section 1, Article 19, Chapter 11 of the West Virginia Code. 3.112. "Special milk" is defined as milk sold to children at a reduced price or given free to eligible children. Schools participating in the federal food service program may not participate in the Special Milk Program. Schools may participate in the Special Milk Program for split-session kindergarten and/or other pre-primary programs where meal service is inaccessible to the children. 3.113. "Split session" is defined as an education program that operates for approximately one-half of the normal school day. 3.114. "Sponsor" is defined as the governing body responsible for the administration of one or more schools or residential child care centers. 3.115. "State agency" is defined as the State Educational Agency. 3.116. "State aid allotment" is defined as funds provided by the West Virginia Legislature to assist Child Nutrition Programs in public schools. This is designated as the required state funding needed to meet the state matching requirements set forth in the National School Lunch Act (NSLA). These State Aid Allotments are paid to the county school systems in quarterly installments. 3.117. "State Educational Agency (as determined by the State Legislature)" is defined as the Superintendent of Schools or the State Board of Education controlling the WVDE. 3.118. "Straight line depreciation" is defined as a method of depreciating an item of equipment whereby an equal portion of the cost of the item is allocated to each period of use. 3.119. "Suspension" is defined as immediate exclusion from transactions involving federal nonprocurement programs pending completion of legal and/or debarment proceedings. 3.120. "TANF (Temporary Assistance for Needy Families)" is defined as any individual or group of individuals currently certified to receive assistance under the program in a state where the standard of eligibility for benefits does not exceed the income eligibility guidelines for free meal or milk benefits. 3.121. "TEFAP" means The Emergency Food Assistance Program. 3.122. "Traditional Snack Program under National School Lunch Program (NSLP-Snack)" a snack program that is located in a school or a school attendance area with less than 50% needy. Children must be claimed categorically at their free, reduced, or paid status. 3.123. "Unified County Improvement Plan" is defined as a planning process for improving educational programs in schools and school districts. The Unified County Improvement Plan includes a process for targeting resources strategically to improve the teaching and learning process and student, school and school system performance. 3.124. "USDA" means United States Department of Agriculture. 3.125. "USDE" means United States Department of Education. 3.126. "USRDA" means United States Recommended Daily Allowance - a list of nutrients reflected on food labels. The figures are not identical to the RDA. 3.127. "Verification" is defined as confirmation of eligibility for free/reduced price benefits under the National School Lunch Program. 3.128. "Waiver" is defined as an individual school's request for granting of a waiver for the service of school breakfast due to compelling circumstances. 3.129. "Whole grain" is defined as products that contain the entire grain, or all the grain that is edible. They include the bran and germ portions that contain most of the fiber, vitamins and minerals, as well as the starchy endosperm. Examples of whole grains may include whole wheat, cracked wheat, bulgur, oatmeal and whole cornmeal. 3.130. "West Virginia Child Nutrition State Plan" is defined as an annual statement of program objectives and a plan to implement national policy. 3.131. "WVBE" means West Virginia Board of Education. 3.132. "WVDE" means West Virginia Department of Education. 3.133. "WVDHHR" means West Virginia Department of Health and Human Resources. W. Va. Code R. § 126-85-3