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USDA/FNS

RIN: 0584-AC25

Publication ID: Spring 1999

Title: Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools: Provision 2 and Provision 3
Abstract: Under an alternative known as Provision 2, schools that serve all meals at no charge for 3 consecutive years may distribute applications and make free and reduced price meal eligibility determinations once every 3 years. During year 1 of the 3-year cycle, they count and claim meals by category (free, reduced price and paid) and use these counts to develop claiming percentages to use during years 2 and 3. P.L. 103-448 amended the NSLA to allow schools to extend these procedures an additional 2 years and allow subsequent 5-year cycles, without making new free and reduced price eligibility determinations, provided the income level of the school's population remained stable. P.L. 103-448 also added a new Provision 3 for schools that serve all meals free for 4 consecutive years. These schools receive the same level of cash and commodity assistance they received in the last year free and reduced price eligibility determinations and actual meal counts were taken. Additional 4-year cycles were permitted, without making new free and reduced price eligibility determinations, provided the income level of the school's population remained stable. For both provisions, schools must make up the difference between Federal reimbursement and meal costs. Public Law 105-336 subsequently amended the timeframe for Provision 2 so that both Provisions 2 and 3 are 4-year cycles, which may be extended, without making new eligibility determinations, if the income level of the school's population remains stable. The rule will codify these provisions and specify technical aspects, such as the measurement of the income level of the school's population and the types of data that may be used. (96-003)
Agency: Department of Agriculture(USDA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 7 CFR 245
Legal Authority: PL 103-448

Timetable:

Action	Date	FR Cite
NPRM	05/00/1999
NPRM Comment Period End	07/00/1999
Final Action	To Be Determined

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Local, State
Included in the Regulatory Plan: No
Agency Contact: Sharon Ackerman Agency Regulatory Officer Department of Agriculture Food and Nutrition Service Room 918, 3101 Park Center Drive, Alexandria, VA 22302 Phone:703 305-2246 Email: sheri.ackerman@fns.usda.gov