Child Nutrition and WIC Reauthorization Act of 2004

1
Child Nutrition and WIC Reauthorization Act of
2004

• An act of Congress
• effective July 2004

2
Section 101

• Nutrition Promotion Replaces section 5 (Non-food
  Assistance) adding up to ½ cent per lunch for
  activities to support dissemination and use of
  nutrition messages and materials developed by the
  secretary.

3
Section 102

• Nutrition Requirement Removes the whole milk
  requirement but requires milk be offered in a
  variety of fat contents.
• Allows flavored and lactose free milk.
• At district discretion, allows non-dairy milk
  substitutes by request of medical practitioners
  or parents if substitute is nutritionally
  equivalent to dairy milk.

4
Section 103

• Provision of Information Requires that USDA
  issue guidance and recommendation to increase
  consumption of foods as recommended in the
  Dietary Guidelines

5
Section 104

• Direct Certification - phases in mandatory direct
  certification for food stamp households
  (districts greater than 25,000 students in 2006,
  greater than 10,000 students in 2007, and all
  other in 2008). Requires school lunch
  application forms to tell households their
  children may be eligible for free or reduced
  price meals if the household receives food
  stamps, WIC benefits, TANF (K-TAP) or participate
  in the Food Distribution Program on Indian
  Reservations (FDPIR). Allows categorical
  eligibility for TANF (K-TAP), homeless children
  under the McKinney-Vento Act, runaway children,
  or migratory children as defined in the
  Elementary and Secondary Education Act (ESEA).
  Allows direct certification for meals in TANF
  (K-TAP), Medicaid or State Child Health
  Insurance Program (KCHIP) (if eligibility
  standards are the same as school meal
  eligibility). Establishes verification under
  statute (currently a regulatory requirement).

6
Section 104 continued

• Establishes guidelines and limits for use of
  school meal applications by other entities.
• Allows application and descriptive materials in
  electronic format on the Internet. (see also
  section 105)
•  
• Provides 9,000,000 through 2009 to assist in
  carrying out this provision. (July 1, 2005)

7
Section 105

• Household Applications prohibits requiring
  separate applications for each child in the
  household.
• Allows for acceptance of electronic signatures on
  applications filed electronically. (July 1,
  2005)

8
Section 105 (Continued)

• Verification (This is a part of the Household
  Applications section) for most districts,
  requires verification of 3 of all applications
  received by October 1 of each year (current
  regulations establish the date as October 31)
  selected from an error-prone applications where
  error-prone is defined as applications within
  100 of the allowable monthly income, 1200 of
  the allowable annual income. Additional
  applications may be selected randomly if there
  are an insufficient number of error-prone
  applications. If the non-response rate (the
  number of verification requests for which no
  response was received) in the previous year is
  less than 20, or, in the case of districts
  greater than 20,000 enrollment, where the
  non-response rate for the previous year was 10
  less than the preceding year, districts may do 3
  random or 1 error-prone and ½ categorically
  eligible applications.

9
Section 105 (Verification Continued)

• Applications selected for verification should
  first be reviewed for accuracy by someone other
  than the person who did the initial approval..
  If the application is correctly approved, the
  application is to be verified. If the
  application is incorrectly approved, eligibility
  status is to be changed and the household is to
  be notified. Households where status is changed
  are to be told they may reapply but must provide
  income documentation. This requirement is waived
  if a district can demonstrate that it has a
  technology-based system that ensures a high
  degree of accuracy in determinations.

10
Section 105 (Verification Continued)

• Districts must include a toll-free phone number
  for parents to call for assistance with
  verification. A local number for which there is
  no charge will serve this purpose.
• Districts will be required to make at least one
  additional attempt to contact non-responsive
  households.
•  
• Districts may contract with a third party under
  standards established by the Secretary to assist
  in the verification follow-up process.

11
Section 105 (Verification Continued)

• Verification will be based on applications on
  file as of October 1 each year. Current law is
  October 31. Verifications must be completed by
  November 15. Current regulations allow until
  December 15. States may extend the deadline to
  December 15 if requested by a district. Effective
  Date July 1, 2005
•  
• Districts may exempt from verification up to 5
  of approved households and replace them with
  applications from other households. This is
  intended to protect vulnerable children for whom
  verification documentation may be impossible.

12
Section 105 (Verification Continued)

• Direct Verification (This is a part of the
  Household Applications section) Districts may
  use income data provided by the agency
  administering the Food Stamp program, FDPIR,
  Medicaid, TANF, or other agency that has
  means-tested programs for verification if the
  income limits do not exceed 133 of poverty, or
  if the agency can provide income data for
  households below 133 for free or 185 for
  reduced price.
• The Department is to report to the Congress
  within 3 years on the effectiveness of the direct
  verification option. If the evaluation indicates
  effectiveness, the Secretary is to require direct
  verification unless a district is unable to
  implement the approach. (July 1, 2005)

13
Section 105 (Verification Continued)

• Feasibility Study - Requires a feasibility study
  of the use of technology (including data mining)
  to reduce over-certification errors to reduce
  waste, fraud and abuse.

14
Section 106

• Duration of Eligibility for Free or Reduced price
  Meals Approved applications are good for the
  entire school year and for the beginning of the
  next as determined by the Secretary. (July 1,
  2004)

15
Section 107

• Runaway, Homeless and Migrant Youth Provides
  categorical eligibility for these children as
  defined in other statutes.

16
Section 108

• Certification by Local Education Agency - In
  general, Local Education Agency (LEA) replaces
  School Food Authority (SFA) wherever it
  appears.

17
Section 109

• Exclusion of Military Housing Makes permanent
  the current provision of law that exempts the
  value of base housing from income for the
  purposes of free or reduced price meal
  eligibility.

18
Section 110

• Waiver of Weighted Averages Extends through
  September 2009 the waiver of the requirement for
  weighted averages

19
Section 111

• Food Safety Increases the number of
  health/safety inspections to 2. Requires schools
  to post health inspection reports in a public
  place and provide a copy on request. Requires
  states to audit health inspections and USDA to
  audit state data collection. Requires school
  districts to implement a food safety program that
  complies with a HACCP system established by the
  Secretary. (July 1, 2005)

20
Section 112

• Purchases of Locally Produced Foods Extends
  from 2007 to 2009 authorization for a grant
  program for locally produced foods subject to
  appropriations

21
Section 113

• Special Assistance Allows districts to
  implement and renew Provision 2 3 district-wide
  as opposed to the current school by school
  authority.

22
Section 114

• Food and Nutrition Projects Integrated With
  Elementary School Curricula deletes a
  demonstration project for agriculture education
  in elementary schools

23
Section 115

• Procurement Training Authorizes training and
  technical assistance in procurement. Identifies
  Buy American requirements and food safety as
  specific training needs. Authorized (subject to
  appropriations) at 1,000,000 per year subject to
  appropriations

24
Section 116

• Summer Food Service Program for Children
  Reauthorizes the Summer Food Service Program
  (SFSP) through 2009.
• Seamless Summer Option (Alisal Waivers)(This is
  a part of the Summer Food Service Program for
  Children section) Puts into statute the
  current policy allowing schools to offer meals
  during non-school periods (summer, vacation
  periods) reimbursed at the school meal rates.

25
Section 116 (Continued)

• Change in Area Eligibility in Rural Pennsylvania
  - Creates a pilot for rural areas in Pennsylvania
  for reducing area eligibility from 50 to 40 of
  enrollment being eligible for free or reduced
  price meals. Provides 400,000 for this pilot.

26
Section 116 (Continued)

• Summer Food Service Rural Transportation Pilot
  Project Authorizes a 3 year pilot for a total
  of 60 sponsors in 5 states to test solution where
  transportation is a barrier to SFSP
  participation. The pilot is funded with 2
  million in 2005 and 1 million each in 2006 and
  2007. (October 1, 2005)

27
Section 116 (Continued)

• Simplified Summer Food Programs - makes the
  Lugar Pilots permanent for the current 14
  states. Adds 6 states based on a formula of
  need. Makes private, nonprofit sponsors eligible
  for programs under the Lugar provisions. While
  not specified by name, based on the definition
  contained in the bill, the following states will
  be added Colorado, Louisiana, Michigan,
  Mississippi, Ohio, and Oregon. (January 1, 2005)

28
Section 117

• Commodity Distribution Program Makes commodity
  distribution permanent

29
Section 118

• Notice of Irradiated Food Products The
  Secretary must develop policy regarding
  irradiated foods including that purchase or
  receipt of irradiated products must be at the
  request of a state or district no additional
  reimbursement is made for irradiated foods
  states and SFA's provide factual information
  about irradiation provides model procedures for
  providing information irradiated products are
  labeled as such irradiated products are not
  co-mingled with non-irradiated products schools
  offer alternative, non-irradiated products if
  they offer irradiated products.

30
Section 119

• Child and Adult Care Food Program
• (CACFP) - (No text in the summary applicable to
  NSLP)

31
Section 120

• Fresh Fruit and Vegetable Pilot Project Extends
  the pilot for the four states (Iowa, Michigan,
  Indiana, and Ohio) and one tribal organization
  (Zuni tribe in New Mexico) currently approved and
  adds four additional states. The bill indirectly
  identifies Mississippi as an extension of its
  participation through the 2004 Appropriations
  Act, and Sen. Harkins floor statement identifies
  North and South Dakota. The fourth state and two
  additional tribal organizations have not been
  identified. Funding is mandatory at 9 million
  per year

32
Section 121

• Summer Food Service Residential Camp Pilot
  Project Creates a pilot for 2 private
  residential summer camps in the summers of 2004
  and 2005 for children from high poverty areas.

33
Section 122

• Access to Local Foods and School Gardens
  Subject to appropriations, provides grants, not
  to exceed 100,000 each, to schools for
  developing local farm-to-school projects and
  support school gardens. Federal funds must not
  be greater than 75 of the project and be matched
  with monetary or in-kind contributions at the
  local level.

34
Section 123

• Year Round Services for Eligible Entities a
  project in California for one year-round summer
  food provider.

35
Section 124

• Free Lunch and Breakfast Eligibility Subject to
  appropriations, allows five states (or parts)
  (one state must be a rural state with a
  significant Native American population) to offer
  free meals to households with income up to 185
  of poverty (ERP). If funded, the Secretary is to
  report back to the Congress on the impact of the
  pilot on eligibility, participation, and costs.

36
Section 125

• Training, Technical Assistance, and the Food
  Service Management Institute adds technology to
  areas for which the Department is to provide
  technical assistance.
• Adds food safety to the NFSMI mandate. Increases
  funding for the Institute to 3 million in 2004
  and 4 million in 2005.

37
Section 126

• Administrative Error Reduction Provides 3
  million in 2004 and 2005, and 2 million in 2006
  and 2007 for training on administrative
  procedures targeted at reducing errors in the
  application, verification, counting and claiming
  processes.
•  
• Every School Food Authority (SFA) must have at
  least the individual responsible for the
  application, verification process attend annual
  training that the states will be required to
  provide.
• There is 4 million each year in mandatory
  spending to carry out training and administrative
  reviews. (July 1, 2005)

38
Section 126 (Continued)

• Additional Review Requirements (This is part of
  the Administrative Error Review section) For
  districts with or at risk of high administrative
  errors, states are to carry out an additional
  review focused on errors in the administrative
  process. If a district fails in the subsequent
  review, they must develop a corrective action
  plan.
•  
• If, after an initial and subsequent review there
  are erroneous payments, the state will withhold
  payments. (We will seek clarification of the
  nature of this provision. It is not explicit in
  the draft bill.)
• Funds retained under the above may be used for
  additional training and technical assistance.
  (July 1, 2005)

39
Section 126 (Continued)

• Technology Assistance (This is part of the
  Administrative Error Review section) States are
  submit a plan for using technology for data
  collection and monitoring.

40
Section 127

• Compliance and Accountability Funding for
  compliance (CREs) is increased from 3 million
  to 6 million through 2009

41
Section 128

• Information Clearinghouse Increases from
  166,000 to 250,000 for a nongovernmental
  organization (NGO) to collect and disseminate
  information to other NGOs that provide services
  to the poor.

42
Section 129

• Program Evaluation Authorizes to be
  appropriated 5 million a year to evaluate the
  costs and nutrient content of school meals. And
  pilot projects to improve the certification
  process.

43
Section 201

• Severe Need Assistance Removes the requirement
  for cost accounting in severe need breakfast.
• Allows new schools to qualify for severe need
  without the two year waiting period. (July 1,
  2004)

44
Section 202

• State Administrative Expense (SAE) Raises the
  minimum SAE to 200,000 and indexes it in future
  years.

45
Section 203

• WIC (Women, Infant and Children)

46
Section 204

• Local Wellness Policy Requires school districts
  to create a wellness policy by July 2006. The
  policy should that includes goals for nutrition
  education and physical activity nutrition
  guidelines for all food sold on campus, assures
  that nutrition guidelines for school meals will
  not be less restrictive than federal policy
  establishes a plan for measuring effectiveness
  and includes parents, school food service
  professionals, school board members, etc.

47
Section 204 (Continued)

• Technical Assistance and Best Practices (this is
  part of the Local Wellness section) USDA, DoEd
  and HHS, through the centers for Disease Control,
  will provide information and technical assistance
  to develop local wellness policies. Clearly
  states this is for guidance purposes only
• Provides 4 million for this purpose.

48
Section 205

• Team Nutrition Network Replaces NET with Team
  Nutrition Network. Authorizes state programs to
  improve nutrition through nutrition education
  utilizing Team Nutrition materials and promotion
  of active lifestyles and healthy eating. States
  that participate must have a Team Nutrition
  Coordinator.
•  
• Allows USDA to accept funds from nongovernmental
  sources to carry out this section.
• Authorizes, subject to appropriations, up to ½
  per lunch served.

49
Section 205 (Continued)

• Local Nutrition and Physical Activity Grants
  (this is part of the Team Nutrition Network
  section) Authorizes a grant program to promote
  a variety of wellness activities subject to
  appropriations.

50
Section 301

• Commodity Distribution Programs deletes a
  section of law that allows the use of Section 32
  funds to pay for removal of commodities from
  districts in the case of a food recall.

51
Section 401

• Sense of Congress Commends the State of
  Arkansas for its anti-obesity efforts.

52
Section 501

• Guidance and Regulations Requires USDA to issue
  guidance for implementation as soon as possible
  to issue interim regulations as needed, and to
  issue final regulations within two years of
  enactment.

53
Section 502

• Effective Dates establishes the dates on which
  sections of this act are to take effect.

54
Thank you for participating

• You may request a copy of this presentation by
  contacting
• Steve Smith, Manager
• School Nutrition Branch
• Nutrition and Health Services
• Steve.Smith_at_education.ky.gov