14. To establish and use a fair hearing procedure in cases of appeal by parents of the school’s decisions on applications and in cases
where the school official challenges the correctness of information contained in an application or of the continued eligibility of any
child. During the appeal and hearing, the child will continue to receive free or reduced price meals or free milk. A record of such
appeals and challenges and their dispositions shall be retained for three years. Prior to initiating the hearing procedure, the parent
or local school official may request a conference to provide an opportunity for the parent and school official to discuss the situation,
present information, and obtain an explanation of data submitted in the application and decisions rendered. Such a conference
shall not in any way prejudice or diminish the right to a fair hearing.
The hearing procedure shall provide:
a. A simple publicly-announced method for a family to make an oral or written request for a hearing;
b. An opportunity for the family to be assisted or represented by an attorney or other person in presenting its appeal;
c. An opportunity to examine, prior to and during the hearing, the documents and records presented to support the decision
under appeal;
d. That the hearing shall be held with reasonable promptness and convenience to the family and that adequate notice shall
be given to the family as to the time and place of the hearing;
e. An opportunity for the family to present oral or documentary evidence and arguments supporting its position without
undue interference;
f. An opportunity for the family to question or refute any testimony or other evidence and to confront and cross-examine any
adverse witnesses;
g. That the hearing shall be conducted and the decision made by a hearing official who did not participate in making the
decision under appeal or in any previous conference;
h. That the decision of the hearing official shall be based on the oral and documentary evidence presented at the hearing and
made a part of the hearing record;
i. That the family concerned and any designated representative shall be notified in writing of the decision of the hearing
official;
j. That a written record shall be prepared with respect to each hearing, which shall include the decision under appeal; any
documentary evidence, and a summary of any oral testimony presented at the hearing; the decision of the hearing official,
including the reasons therefore; and a copy of the notification to the family of the decision of the hearing official;
k. That such written record of each hearing shall be preserved for a period of three years and shall be available for
examination by the family or its representative at any reasonable time and place during such period; and
l. That when an application is rejected, parents or guardians will be informed of the reason for denial, the hearing procedure,
and the name, title, and address of the hearing official.
15. There will be no physical segregation of, nor any other discrimination against, any child because of his inability to pay the full price
of the meal or milk. The names of eligible children shall not be published, posted, or announced in any manner and there shall be
no overt identification of any such children by use of special tokens or tickets, or by any other means. Further assurance is given
that eligible children shall not be required to:
a. Work for their meals or milk.
b. Use a separate serving area.
c. Go through a separate serving line.
d. Enter the serving area through a separate entrance.
e. Eat meals or drink milk at a different time.
f. Eat a different type meal from the one sold to children paying the full price or drink milk of a different type from that sold
to children paying the full price.
16. To prevent disclosure of confidential free and reduced price eligibility as required under 7 CFR 246.6(f-k).
17. To submit to the State Agency any alterations or amendments to the policy including eligibility criteria, applications, public
announcements, etc., for approval prior to implementation. Such changes will be effective only upon approval and all changes in
eligibility criteria must be publicly announced in the same manner that was used at the beginning of the school year.
All schools participating in the Child Nutrition Programs are required by federal regulations to adopt an approved policy of
standards and procedures for determining eligibility and extending free and reduced price meals under the National School Lunch
and School Breakfast Programs. The following attachments are located in the Free and Reduced Price and Direct Certification
Information Procedure booklet and the Verification Guidance booklet and are considered part of this policy.
Free and Reduced Price and Direct Certification Information Procedures:
Attachment A: Eligibility Criteria for Free and Reduced Price Meals
Attachment B: Letter to Parents
Attachment C: Direct Certification Eligibility
Attachment D: Application Instructions How to Apply for Free and Reduced Price School Meals
