W. Va. Code R. § 126-85-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-85-5 - Responsibilities for Child Nutrition Programs

5.1. Federal level. At the federal level, the FNS shall act on behalf of the USDA in implementing the Child Nutrition Programs. It shall be responsible for the following four areas:

5.1.1. Program administration functions, including:

a. providing timely information to the Administration and to Congress;

b. drafting, up-dating and publishing in the Federal Register regulations to implement the NSLA, Child Nutrition Act (CNP), as amended by Congress and the Healthy Meals for Healthy Americans Act of 1994;

c. soliciting public comment prior to issuing federal regulations in their final form;

d. conducting briefing sessions and/or public hearings concerning national policies related to school food service;

e. negotiating an annual written contract with each state educational agency for administration of the NSLP, SBP, SMP, CACFP, SFSP;

f. developing and disseminating policy statements, instructions, time frames, guidelines and memoranda related to program management;

g. developing national policy concerning the provision of free and reduced price meals or free milk, including income poverty guidelines and prototype applications and administrative guidance;

h. annually reviewing and evaluating each state agency, together with selected sponsors and schools for each child nutrition program administered; initiating corrective action plans where necessary; and

i. reviewing and approving the various state plans as submitted by each state for the succeeding school years.

5.1.2. Financial management functions, including:

a. allocating federal funds by means of an annual Letter of Credit to each state agency agreeing to administer the various child nutrition programs;

b. developing prototype contracts, reporting forms, agreements, policy statements, financial management systems, application forms and review and evaluation forms for use in administration of the programs;

c. developing, where necessary, corrective action plans in cooperation with the state agency, including follow-up and financial assessment where necessary;

d. providing budgetary information to the Administration and to Congress;

e. revising proposed budgets in terms of authorized and budgeted expenditures;

f. collecting, processing and collating monthly participation reports;

g. processing and up-dating each state's Letter of Credit to reflect program activity;

h. periodically up-dating reimbursement rates for various programs; and

i. reviewing and approving state automated data processing systems.

5.1.3. Training functions, including:

a. preparing and distributing program aids;

b. preparing and distributing suggested training materials for school food service personnel, nutrition education and parental involvement;

c. developing criteria to measure the nutritional quality of foods and beverages to be served in schools;

d. cooperating with community groups, professional associations and allied agencies to evaluate program effectiveness; and

e. negotiating contracts with appropriate agencies to conduct surveys, evaluations, and special research projects.

5.1.4. Food distribution functions, including:

a. negotiating an annual agreement with each state for the acceptance, allocation and delivery of government-donated foods;

b. developing specifications and issuing bids for the purchase of foods to be distributed to child nutrition programs;

c. allocating and shipping government-donated foods to each state;

d. monitoring the state's government-donated foods distribution plan; and

e. approving Commodity Processing contracts and/or implementing the National Inventory System.

5.2. State level. The WVDE is responsible for the following four areas:

5.2.1. Program administration functions, including:

a. preparing annual state plans for Child Nutrition Program (CNP) operations and a State Plan for the Nutrition Education and Training Program;

b. negotiating a Sponsor's Agreement or Amendment thereto with sponsoring agencies;

c. developing prototype Policy Statements for provision of free and reduced price meals, and snacks, free milk, free textbooks, workbooks and instructional supplies and other specified educational benefits;

d. approving Policy Statements submitted annually for all school programs administered by each sponsoring agency;

e. developing, printing and distributing prototype student applications and letters to parents concerning the availability of free and reduced price meals and distributing information needed for benefit issuance under direct certification;

f. preparing annual state and federal budget requests for the succeeding fiscal year (State-July 1 through June 30; Federal-October 1 through September 30);

g. scheduling, conducting, summarizing and evaluating public hearings on the various child nutrition programs;

h. continuously reviewing and evaluating USDA regulations and instructions as published in the Federal Register (proposed, interim and final regulations) or as issued by the USDA Regional Office (guides, handbooks, instructions, memoranda and reports);

i. notifying sponsoring agencies of USDA regulations, instructions and policy guidelines on a timely basis;

j. cooperating with parents, students, community groups, professional associations, state and local agencies in outreach activities to extend program benefits and to create a positive image;

k. establishing, organizing and convening the Nutrition Advisory Council and other advisory committees to maintain liaison with participating agencies; and

I. cooperating with national, state and local agencies in implementing an on-going nutrition education and training program that meets the identified needs of the state.

5.2.2. Financial management functions, including:

a. timely draw-down of federal funds to pay outstanding claims for reimbursement;

b. timely and accurate processing and paying of monthly claims for reimbursement;

c. preparing accurate monthly financial status reports and timely submission at state and federal levels;

d. annually reconciling reimbursement payments with program costs;

e. reconciling state and federal subsidiary accounts;

f. auditing sponsoring agencies and selected sites on an annual schedule in accordance with USDA Audit Guides; and

g. assessing sponsoring agencies for overclaims identified as part of the audit reports or Coordinated Review Effort (CRE).

5.2.3. Monitoring and evaluation functions, including:

a. developing and monitoring the procedures to be used by schools in verifying information reported in a sampling of applications for free/reduced price meals;

b. annually reviewing net cash resources at the sponsor level;

c. conducting on-site reviews of program performance;

d. monitoring sponsoring agencies and selected participating sites in accordance with regulations (CRE, School Meals Initiative (SMI), Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, State Standards for Educational Excellence, and West Virginia Board of Education (WVBE) Policy 4321.1, Standards for School Nutrition);

e. continuously evaluating program effectiveness;

f. conducting on-site visits and nutrient analyzing a sample of meals for compliance with standards established by USDA and SMI regulations and WVDE Policy 4321.1, and providing related technical assistance.

5.2.4. Training and technical assistance functions, including:

a. scheduling and completing on-site visits to provide technical assistance and/or follow-up visits; providing technical assistance as a result of CRE and SMI reviews;

b. implementing staff development for local school food service personnel;

c. assisting sponsoring agencies with local school food service training programs where necessary;

d. developing and implementing on-going training programs for supervisory and administrative personnel (sponsor level);

e. reviewing and approving proposed plans and layouts for food service facilities when requested;

f. preparing and distributing training materials, program aids and guidance materials; and

g. provide training as needed to ensure that meals offered to children comply with nutrition standards established by USDA regulations and State Board Policy 4321.1.

5.3. Sponsor level. At the local level, each county board of education or sponsor is responsible for the following four areas:

5.3.1. Program administration functions, including:

a. annually negotiating contracts with participating schools;

b. presenting for approval to the local board of education the Sponsor's Agreement and Policy Statement for provision of free and reduced price meals and snacks, or free milk, free textbooks, workbooks and instructional supplies; providing copies of sponsor's approved Policy Statement to all participating schools;

c. distributing copies of Application for Free or Reduced Price Meals and Free Textbooks, Workbooks and Instructional Materials;

d. implementing required hearing procedures;

e. implementing a county level verification procedure to be used in the approval of applications for free and reduced price meals;

f. monitoring school procedures in handling applications for free and reduced price meals, collection procedures for meal payment, point of service count, edit checks of meal counts and avoidance of overt identification of needy children;

g. developing standard policies regarding employment practices, grievance procedures, supervision and training of food service personnel;

h. organizing, when needed for compliance with 7 CFR 210 and Policy §4321.1, Standards for School Nutrition, school and county advisory councils;

i. assisting student-parent planning committees to improve public relations and increase student participation;

j. notifying school administrators and school food service personnel concerning rules, regulations and policies governing school food service programs;

k. maintaining liaison with parent, student and community groups;

I. promoting National School Lunch Week and other special activities;

m. extending and expanding program benefits to meet the nutritional, emotional and social needs of all children;

n. automating school records and reports; and

o. reporting names and site addresses for vended and satellited meals.

5.3.2. Financial management functions, including:

a. verifying and consolidating monthly school reports of participation promptly submitting the sponsor's consolidated Claim for Reimbursement; verifying and reconciling sponsor's monthly reimbursement claimed to actual payments received;

b. consolidating monthly school financial data; preparing a CNP Annual Report; submitting the report to state agency; documenting reported income and expenditures and retaining documentation for three years plus current operating year;

c. developing, implementing and maintaining an inventory control system for food service equipment;

d. establishing and implementing purchasing procedures in compliance with state and federal regulations;

e. developing and implementing a viable automated financial management system that meets state and federal requirements;

f. reviewing edit checks monthly and document reasons for unusually high/low percentages of participation; and

g. obtaining attendance factor for each school.

5.3.3. Monitoring and evaluation functions, including:

a. maintaining a regular schedule of on-site visits to participating schools; monitoring all food service sites prior to February 1 of each school year and scheduling follow-up visits to schools to ensure program compliance; accompanying state and/or federal representatives on local school visits; and

b. continuously evaluating the effectiveness of the child nutrition programs in serving all children.

5.3.4. Training and technical assistance functions, including:

a. reviewing and approving building and renovation lay-outs, plans and purchasing contracts; reviewing and approving major food service equipment purchases;

b. planning and/or approving school food service menus prior to time of service; developing and implementing local policies concerning the serving of nutritious foods at schools;

c. complying with state and local standards concerning sales of foods and beverages during the school day;

d. providing technical assistance to school food service personnel, school administrators and clerical personnel;

e. developing and implementing an on-going training program for food service personnel, school clerical personnel and school administrators;

f. providing resource person(s) for school administrators, teachers, professional groups and allied agencies;

g. assisting teachers and school administrators in developing an ongoing nutrition education program;

h. developing and/or disseminating training aids, instructional materials, handbooks, manuals and other program aids; and

i. initiating an on-going, relevant professional growth program for food service supervisory personnel.

5.4. School level. The local school administrator is responsible for the following five areas:

5.4.1. Program operation functions, including:

a. filing an Application for School Lunch, School Breakfast, School Snacks and Special Milk Programs with the county boards of education;

b. distributing, at the beginning of each school year Applications for Free and Reduced Price Meals and Free Textbooks, Workbooks and Educational Materials to each student enrolled in the school and/or determining eligibility of students based upon direct certification;

c. reviewing and approving or denying, in accordance with state and county administrative guidance materials, each application for free meals and reduced price meals and/or complete direct certification for eligibility;

d. verifying information reported on a sampling of applications for free and reduced price meals and verifying any incomplete, illegible or questionable information entered on the applications;

e. notifying parents of eligibility determinations in accordance with federal, state and county administrative guidance;

f. informing all teachers and clerical personnel of the federal, state and county requirements for provision of free and reduced price meals or free milk;

g. initiating hearing procedures when information entered on the application is challenged, or appears to be inaccurate;

h. providing copies of student applications for free and reduced price meal benefits when an eligible student transfers to another school;

i. checking menus prior to and during service to ensure that all nutritional requirements are met;

j. providing assistance to school food service personnel in planning menus that provide for choices within the required meal components to all students; and

k. providing alternate meal services (plate lunch and box lunch; salad plate and regular plate lunch; continental breakfast and regular breakfast) to increase student participation.

5.4.2. Records and reports functions, including:

a. establishing a procedure for obtaining accurate meal counts at the serving line without overt identification so that accurate reports of daily student participation by category are entered on the daily reporting form;

b. maintaining all records pertaining to child nutrition programs (including applications for free and reduced price meals, participation records, invoices, financial reports, equipment inventories and production records) for three years plus the current school year;

c. submitting complete and accurate reports of daily participation; and

d. submitting a monthly report of food service revenue and expenditures to the county office.

5.4.3. Financial management functions, including:

a. developing and implementing standard procedures for collecting meal payments, counting and serving meals so that no student is overtly identified;

b. establishing a system for managing food service receiving reports in compliance with county and state requirements; and

c. establishing standard procedures for maintaining inventories of purchased and government-donated foods, supplies and equipment.

5.4.4. Training functions, including:

a. encouraging school food service and clerical personnel to participate in the county's staff development program;

b. remaining informed concerning federal, state and county regulations and policies concerning the various child nutrition programs; and

c. encouraging teachers to attend available nutrition education training and assisting teachers in developing a sequential nutrition education program in the classroom.

5.4.5. Public relations functions, including:

a. advising parents concerning the types of food service programs available at the school and surveying the need for additional programs;

b. organizing student advisory councils to assist in menu planning, publicity and observance of special days in the lunchroom; and

c. maintaining liaison with parents, students, community groups and the administration to promote good public relations.

W. Va. Code R. § 126-85-5