TECHNICAL ASSISTANCE NOTE?

United States Department of Agriculture (USDA) Policy Memora

TECHNICAL ASSISTANCE NOTE

No. 2005-38

School Business Services

Food and Nutrition Management

Contact: Robin Miles

Department of Education

John L. Winn,

ommissioner

United States Department of Agriculture (USDA) Policy Memorandum

245-06-19: Verification Activities – Reauthorization 2004

DATE:

TO:

Sponsors of the National School Lunch Program

FROM:

Diane Santoro, Administrator

Food and Nutrition Management

SUBJECT:

United States Department of Agriculture (USDA) Policy

Memorandum 245-06-19: Verification Activities –

Reauthorization

2004

Implementation

This document supports the mission of Florida’s K-20 education system to increase the proficiency of

all students within one seamless, efficient system. Through this and other modes of assistance, the

office of the Food and Nutrition Management supports the State Board of Education’s goal to deliver

quality, efficient services (Section 1008.31(3), Florida Statutes).

The information included in this technical assistance note is based on guidance provided by the USDA

to assist National School Lunch Program (NSLP) sponsors in interpreting and implementing the

verification activities required by the Child Nutrition (CN) and WIC Reauthorization Act of 2004.

The CN and WIC Reauthorization Act of 2004 (P.L. 108-265) amended section 9(b)(3) of the Richard

B. Russell National School Lunch Act (NSLA) by adding subparagraphs (E), (G), and (J) which address

confirmation activities and follow-up activities and individual review, respectively. These provisions

were effective July 1, 2005.

The NSLA now requires that Local Education Agencies (LEAs) review all applications selected for

verification prior to conducting any other verification activity. The law uses the term “preliminary

review”; however, to avoid confusion USDA is calling this the “confirmation review” as it is designed

to check the accuracy of the initial eligibility determination. This confirmation review may not be done

by the individual who made the initial eligibility determination. The confirmation review may be

waived if the LEA has a technology-based system that demonstrates a high degree of accuracy. Any

LEA that has an automated system processing applications must contact the state agency to determine if

its system qualifies for a waiver.

DIANE SANTORO, ADMINISTRATOR

FOOD AND NUTRITION MANAGEMENT

325 W. GAINES STREET • SUITE 1014 • TALLAHASSEE, FL 32399-0400 • (800) 504-6609 • www.fldoe.org

Suncom 205-0460 • FAX (850) 245-9263• diane.santoro@fldoe.org

TA Note 2005-38

August 23, 2005

Page 2

When any required confirmation reviews are completed, the LEA may proceed with verification. If

during verification it is found that the initial determination was incorrect, but the household is still

eligible for benefits, the process will continue. If the initial determination was incorrect and the

household’s status changes from free or reduced price to paid, or from free to reduced price, a notice of

adverse action is required.

The law now allows the LEA to decline verification of no more than five percent of the applications in

the selected sample. Any application removed from the sample must be replaced with another similar

application. LEAs should consider factors such as household stability and communication difficulties

when declining applications.

The NSLA now requires verification follow-up activities by LEAs. First, LEAs must provide all

households selected for verification with a telephone number that they may call for assistance. The call

must be free to all households in the LEA. The LEA may establish a toll-free number or allow the

household to reverse the charges if any households in that school district are outside the local calling

area within the school district. The LEA may also provide different telephone numbers for each local

calling area within the school district.

The school or LEA should determine the appropriate person to respond to requests for verification

assistance. The household must be able to contact a school or LEA official who can either directly

assist them or can refer the caller to a specific person for help. If the household is unable to obtain

assistance during their initial call, an LEA or school official must attempt to follow up with the caller.

Secondly, there is a formal follow-up requirement that concerns households that fail to respond to the

initial request for verification. The LEA must make at least one attempt to obtain the necessary

verification from the household. The attempt may be made through the mail, by telephone, by e-mail, or

through personal contact. The LEA must document all attempts and the results, if any. If the LEA is

unable to verify the household’s eligibility status after the follow-up attempt(s), the household’s benefits

must be terminated and a notice of adverse action served.

The LEA may contract with a third party to assist with the required follow-up activity, but any third

party is subject to the confidentiality requirements outlined in the current regulations.

If you have questions, please contact Robin Miles-Tennille at (800) 504-5509 or robin.miles@fldoe.org.

DS/rm