School Meals Program
For students enrolled in the School who are eligible (at least 10% of enrollment) for free breakfast and lunch meals under the national school breakfast and national school lunch programs provided for by the Child Nutrition Act of 1966 (42 U.S.C. 1773), the Board shall participate in the national school breakfast and lunch programs and extend its benefits to all eligible students in the School. TSBVI shall offer a free breakfast and lunch to each student within the parameters issued by the United States Department of Agriculture’s (USDA’s) identification of TSBVI as a Residential Child Care Institution (RCCI). Education Code 33.901; 7 CFR 2110.23(a)
Summer Nutrition Program
The Texas Department of Agriculture (TDA) has declared TSBVI exempt from the Summer Food Service Program under 42 U.S.C. 1761. The term includes the seamless summer option under 42 U.S.C. 1761(a)(8). Agriculture Code 12.0029(a)(2). No annual waivers are required to be filed. As a contracting entity of the Texas Department of Agriculture that is a Residential Child Care Institution (RCCI), TSBVI is permanently exempt.
Nondiscrimination and Confidentiality
In the operation of the meals program as an RCCI, no child shall be denied benefits or be otherwise discriminated against because of race, color, national origin, age, sex, or disability. TSBVI shall comply with the requirements of:
- 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
- The U.S. Department of Agriculture (USDA) regulations on nondiscrimination (7 CFR parts 15, 15a, and 15b)
- Food and Nutrition Service (FNS) Instruction 113-1
7 CFR 210.23(b)
Note: FNS Instruction 113-1, USDA posters and nondiscrimination statement for use by school food authorities for all FNS programs, and other information may be found on the USDA FNS Civil Rights website. For information on handling civil rights complaints, see TDA’s Food and Nutrition Division Administrator’s Reference Manual1, Section 3, Civil Rights & Confidentiality. For the definition of school food authority see Policy COA.
TSBVI takes all necessary actions to ensure compliance with nondiscrimination practices for children eligible to receive free meals and free milk as no students are charged for cafeteria meals or milk.
7 CFR 245.8
The use or disclosure of any information obtained from an application for free or reduced-price meals, or from a state or local agency referred to in 7 U.S.C. 1758(b)(3)(F), (4), or (5) shall be limited in accordance with section 9 of the Richard B. Russell National School Lunch Act. 42 U.S.C. 1758(b)(6); 7 C.F.R. 245.6(f)–(j)
Unauthorized Disclosure or Misuse of Information
In accordance with section 9(b)(6)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(6)(C)), any individual who publishes, divulges, discloses, or makes known in any manner, or to any extent not authorized by statute or this section, any information obtained under this section will be fined not more than $1,000 or imprisoned for up to one year, or both. 7 CFR 245.6(k)
Note: For more information regarding confidentiality and disclosure of information, see the TDA’s Food and Nutrition Division Administrator’s Reference Manual, Section 16.
TDA’s Food and Nutrition Division Administrator’s Reference Manual [https://squaremeals.org/FandNResources/Handbooks.aspx]