nda regulatory breakout

agri.nv.gov

Legislative Update

Catrina Peters MS, RD

School Nutrition Services Manager

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NDA Legislative Update

• Federal legislative changes

• State legislative changes

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NDA Legislative Update--Federal

• The past 7 years have been exciting!

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• What does the future hold?

• New Secretary of Agriculture

– Sonny Perdue

– Previous Governor of Georgia

– Supportive of School Nutrition

• Lots of positions still unfilled

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• Meal Pattern “flexibility”

– May 1 press release

• Sodium

• Flavored milk

• Whole grains

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• Previously instated flexibility

– Hold at sodium target 1

– Whole grain pasta waiver

• Newly stated flexibility—approved waiver required

– 1% Flavored Milk

– Whole grains—all types, not just pasta

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• How do I pursue a waiver?– NDA will be distributing a memo and

waiver template shortly

• Waiver request must be submitted demonstrating:– Financial hardship (participation/cost)

– Limited product availability

– Unacceptable product quality

– Poor student acceptability

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• Can I just serve non-whole grain items now?

– No, you need an approved waiver

– Otherwise, must still meet meal pattern requirements

• Will further flexibility be allowed?

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• Will there be other changes?

• Current requirements such as professional standards, PLE and meal pattern requirements are written into federal regulation

• Changing them requires an act of congress (literally)

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NDA Legislative Update--State

• Last legislative session

– SB 503 “Breakfast After the Bell”

– School Nutrition rose to challenge

– Huge participation gains

– $2 million in general funds to school breakfast programs

• Resulted in $8 million in additional federal reimbursement for SY 15/16

• National leader in breakfast participation increase

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• Last legislative session– Required reporting for lunch and

breakfast participation

– Gender, race and ethnicity

– Report on NDE “report card”

– Special provisions made this challenging but data is currently being reported by NDE

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• Last legislative session

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• This legislative session– SB 3

• slight changes to breakfast after the bell

– Free and Reduced breakfast participation must be maintained in 17/18 compared to 16/17 benchmark participation level• If participation level is not maintained, a corrective

action plan may be required to be submitted

– Letters have been distributed to Superintendent, Food Service Directors and Principals

• Pre-k expansion – Much discussed but no bill was passed

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• Medicaid expansion– Bill passed, was vetoed by Governor

Sandoval

• Private and Charter Schools– ESA (voucher program) was not funded– $20 million was approved to be put towards

scholarship program for private and charter schools

– Achievement School District was much discussed but no bill was passed requiring changes

agri.nv.gov

Administrative Review: Common Deficiencies

Edward Coleman

Quality Assurance Specialist

June 26, 2017

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Administrative Review: Common Deficiencies

Presentation OutlinePerformance Standard 1• Applications • Non- Discrimination Statements • Verification• Counting and Claiming Performance Standard 2• Production Records• Whole Grain Rich ItemsOther Areas• Civil Rights • Professional Standards• Water • Food Safety Other Programs • Afterschool Snack

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Common Terminology

Benefit Issuance: the link in the accountability system between the eligibility determination and the benefit delivery

Eligibility/Certification: the process used to determine a student’s for free or reduced price meals

Point of Service: the point in the food service operation where a determination can accurately be made that a reimbursable meal has been served to an eligible child

Verification: confirmation of eligibility for free and reduced price benefits under NSLP or SBP

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Performance Standard 1

All free, reduced- price, and paid meals claimed for reimbursement are served only to children eligible for free, reduced- price, and paid meals respectively, and are counted, recorded, consolidated, and reported through a system that consistently yields correct claims.

In Summary;

• Performance Standard 1 covers meal certification and the benefits issuance process.

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Certifying Applications

Four types of applications as noted in the Eligibility Manual for School Meals page 62;

• Income Based Applications

• Assistance Program Applications

• Other Source Categorically Eligible Applications

• Applications for Foster Children

https://www.fns.usda.gov/sites/default/files/cn/EligibilityManualFinal.pdf


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Incomplete Applications

Incomplete applications cannot be processed for meal benefits and must be completed by the family prior to processing the application.

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Income Applications

To be considered complete an Income Application must have the following information;

• Names of all household members

• Amount, source, and frequency of current income for each household member

• Signature of an adult household member

• Last 4 digits of the Social Security Number of an adult household member or an indication of no adult household member having a Social Security Number.

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Income Applications: Income Conversions

If a household has multiple incomes with differing frequencies all incomes for the household must be annualized.

Income Conversion Factors;

• Weekly Income: multiply x 52

• Bi- weekly Income: multiply x 26

• Bi- Monthly Income: multiply x 24

• Monthly Income: multiply by 12

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Assistance Program Applications

These are applications of households with individuals that receive assistance from an assistance program in the State of Nevada.

Acceptable Assistance Programs

• SNAP

• TANF

• FDPIR

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Assistance Program Applications

To be considered complete, Assistance Program Application must have the following information;

• Names of the children for whom the application is made

• SNAP, TANF, FDPIR case number or identifier for household member

• Signature of the adult household member completing the application.

– If a valid case number is entered, the last 4 digits of the social security number or the box for no SS# can be skipped as indicated on the USDA NSLP meal benefit application prototype

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Assistance Program Applications: Case Numbers

In Nevada, all case numbers are 9 digits.

Exception: Some SNAP case numbers may have the following format: 000-34-5678 or 000-00-6789

Note: Eligibility extends to all children in the household whether they are listed on the application or not.

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Assistance Program Applications vs. Direct Certification (DC)

Direct Certification is a process of establishing a child's categorical eligibility for benefits by obtaining documentation directly from the State or local SNAP, TANF, or FDPIR office that the children's households are receiving those benefits.

An assistance program application is an application for free or reduced meal benefits that is submitted by a family that has their assistance program case number on it.

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Other Source Categorical Eligibility Applications

Other Source Categorically Eligible Applications are applications for children with outside circumstances that would qualify them for free meals.

Outside Circumstances

• Homeless

• Migrant

• Runaway

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To be considered complete, Other Source Categorically Eligible Applications must have the following information:

• Names of children for whom the application is made

• Indication of the child’s categorically eligible status

• Signature of an adult household member

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Determining Eligibility;

• Other Source Categorical Eligibility must be determined on a per child basis.

• There must be supporting documentation;

1. An appropriate program official must confirm the status of each child either through direct contact with the agency or by a list of names provided to the agency prior to providing benefits.

agri.nv.gov

RCCIs and Documenting Eligibility

RCCI’s have 2 options;

• They can maintain an Eligibility Documentation Sheet

OR

• RCCI’s can complete free and reduced applications for all residents.

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Eligibility Documentation Sheets

The Eligibility Documentation Sheet should have the following;

• Childs Name

• Documentation of the Childs Income

• Childs Date of Birth

• Date of Admission to the facility

• Expected Release date from the Facility

• Facility Officials signature

• Facility Officials title and contact information

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USDA Non- Discrimination Statement

All program materials and supporting platforms must have the most current version of the USDA non-discrimination statement.

Includes

• Documents, pamphlets, brochures and websites for public information, public education, or public dissemination.

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USDA Non- Discrimination Statement

The shorter USDA nondiscrimination statement may be used when the size of the material is too small to include the full statement.

• “USDA is an equal opportunity provider, employer, and lender.”

• “This institution is an equal opportunity provider.”

Full Statement Information

• https://www.fns.usda.gov/fns-nondiscrimination-statement

https://www.fns.usda.gov/fns-nondiscrimination-statement

agri.nv.gov

Verification

Verification is confirmation of eligibility for free and reduced priced meals based on applications only.

Verification must include confirmation of either;

• Income Eligibility

• That the child or a member of the household receives SNAP, TANF, or FDPIR benefits

• That the child is other source categorically eligible



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Verification

Verification Process

• Verification must be completed no later than November 15 of the current school year.

• SFAs must make at least one follow up attempt with households that do not submit information to complete verification process.

Any changes resulting from verification should by correctly applied to the requisite child(ren).

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Counting and Claiming

Meals for reimbursement may only by counted when they are served to the child at the point of service.

Pre- counts, pull counts, counts based on occupancy, counts based on what is left over after a meal service, counts that do not occur at the point of service, and counts where a proper reimbursable meal is not verified by a staff member are ineligible according to the federal regulations governing counting and claiming in the FNS programs

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Counting and Claiming: Consolidating the Claim

The daily consolidation of meal counts from the site level should reflect what was counted at the site level.

Infinite Campus: We are aware that this program has issues consolidating counts. It is your responsibility to ensure that all counts submitted for claims are accurate.

Infinite Campus: Problem Areas to be aware of;• The Monthly Transaction Summary Report may produce incorrect totals

Work Around Solution:• The Daily or Monthly Edit Check Report or the daily transaction report

should be used to consolidate totals.

agri.nv.gov

• The National School Lunch Program meal pattern is the foundation of federal school nutrition programs, and sponsors of the program must ensure that they are offering reimbursable meals for breakfast and lunch according to regulations (7 CFR 210.10 and 220.80). Schools operating NSLP and/or the SBP must prepare, offer, and serve meals to students that meet the meal pattern requirements for the appropriate age/grade groups on all reimbursable meal service lines.

In Summary, Performance Standard 2 establishes that meals

claimed for reimbursement contain the appropriate meal components and quantities for the SBP and NSLP.

Performance Standard 2

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The most common areas in Performance Standard II

• Production Records- missing units of measure, not completed daily, not noting how much was pulled

• Whole Grain Rich Items- check labels and vendor orders to be sure its WGR. Must say “Whole” on the nutrition label and not “Enriched”

Common Deficiencies

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Comprehensive Resource Management

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• The intent and scope of the CRM is to apply a systemic approach to ensuring the overall financial health of a School Food Authorities' (SFA’s) nonprofit school food service.

• This review has up to four areas it can focus on based on the Resource Management Risk Indicator Tool.

Comprehensive Resource Management (CRM)

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Recently the CRM changed

To get a CRM before the change, you had to flag in three of the four areas on the tool and you would receive a CRM in ALL areas.

NOW

You receive a focused CRM in each individual area that you flag in on the tool. If you flag on three areas, you receive a CRM for all areas.

Comprehensive Resource Management

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In general if your transfers into the program from non- federal sources exceeds the annual cost of adult meals, this should be documented and no further action is needed.

If you do not know how to calculate the cost of adult meals contact me and I will provide technical assistance.

RCCI’s and Adult Meals

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General Areas

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Civil Rights

To be compliant with Civil Rights requirements you must have the following;

• An annual Civil Rights Log

• Staff who interact with program participants must receive annual USDA civil rights training

• The “And Justice for All Poster” must be visible in the serving area to program participants

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Documentation that will be requested for review;

• USDA Trainer Tracker or your own training tracking documentation

• Supporting documentation for all completed trainings for the school year (July 1- June 30)

Professional Standards

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The training tracker must contain the following information if you choose to create your own document;

• Key Areas

• Training Topics and Learning Objectives with proper codes

• Training date and length

https://www.fns.usda.gov/school-meals/professional-standards

Professional Standards


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Water

Free non-potable water must be made available to program participants during the meal services.

• Note: The water requirement for breakfast only applies when breakfast is served in the cafeteria.

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Food Safety

The HAACP Manual

• Must contain all necessary and current SOP’s for the type of meal service you provide

• Must have an accurate table of contents

• Must be available to onsite staff

The Institute for Child Nutrition(ICN) is a great resource for standard SOP’s but you should tailor the documents you download to meet the needs of each site.

For example, if your sites do not use salad bars, it is not necessary to have the SOP for cross contamination at salad bars.

agri.nv.gov

Food Safety Specific Issues

• Dropped Food: you should have an SOP or procedure covering how dropped food will be handled for a tray or an individual item such as the child’s milk or an apple.

• Sanitizer levels: These should be at the appropriate levels for proper sanitation.

• Temperature Logs: These should be filled out daily by staff to ensure proper storage of food.

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Afterschool Snack

It must be monitored two times per year;

• Once within the first four weeks of program operation

• One more time some time after the first but before the end of the year

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Afterschool Snack

Counting and Claiming

• Snacks may only be counted when served to the child at the point of service.

• Snacks may not be counted on weekends or holidays.

• There must be an educational component that accompanies the snack.

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Resources

Applications• Eligibility Manual for School Meals • https://www.fns.usda.gov/sites/default/files/cn/EligibilityManu

alFinal.pdf• Nevada Department of Agriculture Applications Webinar• https://www.youtube.com/watch?v=GsiR5AHA0GA

USDA Non- Discrimination Information • https://www.fns.usda.gov/fns-nondiscrimination-statement

Professional Standards Resources • https://www.fns.usda.gov/school-meals/professional-standards


https://www.youtube.com/watch?v=GsiR5AHA0GA

https://www.fns.usda.gov/fns-nondiscrimination-statement


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Questions?

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