West Virginia Department of Education
Office of Child Nutrition
Charleston, WV 25305
MEMORANDUM OF
UNDERSTANDING 2020-2021
WVDE-ADM-04
April 2020
INITIALS
School
Food Authority/Agency:
To effectuate the purposes of the National School Lunch Act, the Child Nutrition Act, the Healthy, Hunger-Free Kids Act of
2010 and the federal/state regulations governing the National School Lunch Program (NSLP), the School Breakfast Program, the
Snack Program under NSLP (S-NSLP), the Child and Adult Care Food Program (CACFP), the Summer Food Service Program
(SFSP), Fresh Fruits and Vegetables Program (FFVP) and the Special Milk Program, the West Virginia Department of Education
(hereinafter referred to as the “Department”) and the County Board of Education or other Sponsoring Agency (herein- after
referred to as the “Sponsor”) and the School, Institution, or site (hereinafter referred to as “School”) completing this Application
and Agreement do hereby agree:
1. The Department shall reimburse the Sponsor to the extent of funds available, for approved lunches, breakfasts, snacks
or suppers served under NSLP, CACFP, SFSP, FFVP and or Special Milk served to children in connection with the
National School Lunch Act, the Child Nutrition Act, and the Healthy, Hunger-Free Kids Act of 2010 during the fiscal
year during which the Department’s Agreement with the Sponsor and the Sponsor’s Agreement with the School are in
effect.
Reimbursement shall be made to the Sponsor only in connection with approved meals that are served to eligible
children that meet the nutritional requirements set forth in Section 3 of this Memorandum of Understanding (MOU).
The School may be reimbursed to the extent that funds are available, by the Sponsor for approved lunches, breakfasts,
snacks, suppers, or special milk served by the School under the Programs indicated on Page 1 of this Agreement.
Further, compliance by the School with federal regulations set forth in Chapter 7, Code of Federal Regulations, Parts
210, 220, 215, 225, 226, and 245, as applicable to the specific child nutrition program, is prerequisite to participate in
the NSLP, SBP, S-NSLP, CACFP, SFSP, FFVP and SMP.
Reimbursement rates are established by the Department, to the extent funds are available within the maximum
payments prescribed by the United States Department of Agriculture (USDA). Such payments are determined by
multiplying the appropriate rate by the total number of approved lunches, breakfasts, snacks under the traditional S-
NSLP, breakfasts, lunches, snacks, and suppers served under the traditional CACFP, meals served under SFSP if
programs are enrolled and are not located in needy areas as defined by SFSP regulations, or the number of one-half
pints of special milk served to the appropriate categories of eligible children (free, reduced price, or fully paid).
Payments for snacks served under the At-Risk NSLP or CACFP are determined by multiplying the total number of
approved snacks served by the free rate. Payments for meals served in area eligible or unenrolled SFSPs, are
determined by multiplying the total number of approved breakfasts, lunches, snacks, or suppers by the free rate.
In approving applications from eligible schools or institutions, in assigning reimbursement rates and in approving
payment of monthly Claims for Reimbursement, the Department requires compliance with the following conditions:
A. The Sponsor will have on file with the Department a currently approved and current Sponsor’s Agreement for
NSLP, SBP, S-NSLP, CACFP, SFSP, FFVP or Special Milk Programs;
B. The Sponsor will have on file with the Department a currently approved Policy Statement for the provision of
Free and Reduced Price Meals and Free Milk;
C. The Sponsor or School that operates its food service program on contract with a food service management
company will remain responsible for assuring that the programs are in compliance with the Sponsor’s
Agreement;
D. To the extent of funds available, and upon submission of an accurate Claim for Reimbursement, the
Department will reimburse the Sponsor on behalf of the School for approved meals or milk served in
accordance with the terms of this MOU in any fiscal year during which this MOU and Sponsor’s Agreement
are in effect. If meals or milk are served by the School during parts of two fiscal years, the Department’s
agreement to reimburse the Sponsor is conditional upon appropriation by Congress of funds in sufficient
amounts for the specific meal or milk service during such fiscal year;
E. No legal liability on the part of the Department for the payment of any money shall arise until such
appropriations have been provided by USDA;