CHAPTER 11 FOOD SERVICES
11.01 General Food Service Requirements
11.02 Responsibilities Of The District School Food Service
11.03 Responsibilities Of The Principal For School Food Service Programs
11.04 School Food Service Procedures Manual
11.06 Free And Reduced Price Meals
11.08 Unauthorized Persons In Food Preparation Areas
11.01 GENERAL FOOD SERVICE REQUIREMENTS
(1) The food service program shall operate according to the requirements established by Section 228.195 and 230.23(16), Florida Statutes, and the State Board of Education Rules 6A-7.040 through 6A-7.045.
(2) The school meal program shall be an integral part of the district's educational program, offering nutritional and educational opportunities for students. The program shall be governed by the same principles and controls as any other program of the schools.
(3) The school food service program shall be for the benefit of students and shall be operated on a nonprofit basis. School meal prices shall be established by the School Board and may be changed as conditions require. The sale price of meals shall be maintained within the paying ability of the majority of students. Free and reduced price meals shall be provided to certain students in accordance with 11.06 herein, Free and Reduced Price Food Service.
(4) The foods and beverages available in schools shall be those which meet at least the minimal nutritional needs of students and contribute to the development of desirable health habits.
(5) Each high school is authorized to provide for competitive sales of food and beverage items during the unrestricted portion of the school day to students to the extent permitted by State Board of Education Rules 6A-7.042(2)(c) and (d). Such sales shall be subject to the limitations imposed by the cited rule and all proceeds from such sales shall be accounted for in the internal accounts of the school and shall accrue to the general fund of the school.
(6) School food service programs, including a daily meal service and catering activities, may be operated where feasible for Board employees and their guests. The daily meal service shall be non-profit. Catering activities and the rental of catering equipment, where available, may be priced "for profit" with fees used to offset the regular operational expenses of the daily food service program. The programs must be self-supporting and shall comply with all rules and regulations pertaining to health, sanitation, internal accounting procedures, labor and service of foods. If the program should not be self-supporting, the School Board will be required to provide funds to reduce the deficit to a break-even status.
(7) When approved by the Superintendent (or designee), school food service facilities shall be available at all times for disaster relief.
Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.
Laws Implemented: 230.22(2), 230.23(16); 228.195(3) F.S.; 6A-7.042 SBE Rules.
History: New 6/30/98; Amended 9/14/99
Note: Former (portion) 6Gx52-2.26 (changed 6/30/98)
11.02 RESPONSIBILITIES OF THE DISTRICT SCHOOL FOOD SERVICE
(1) The district's school food service shall be responsible for providing supervision and coordination to ensure that the school food service program of the school district is operated in accordance with federal law and regulations, State Board of Education Rules and School Board rules. This responsibility shall include, but not be limited to, the following:
(a) Develop the food service annual district budget
(b) Supervise the implementation of centralized food service accountability system and develop and distribute the necessary forms
(c) Develop and implement an ongoing system of in-service training for all food service employees of the school system
(d) Develop specifications for food service equipment, food and non-food supplies for the food service program
(e) Assist the principal in identifying needs for maintenance and repair of equipment and facilities in the school food service program and recommend such needs to the director of maintenance/capital improvement
(f) Periodically inspect all food preparation and serving areas to ensure that all health and sanitation standards are being met
(g) Assist in the selection of personnel for recommendation to the Superintendent (or designee) for employment in the food service program
(h) Administer the USDA Donated Food Program, including acquisition, warehousing and storage and allocation and distribution to schools
(i) Identify and approve those students who are entitled to free and reduced price meals as provided by 11.06 herein, Free and Reduced Price Meals
Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.
Laws Implemented: 230.22(2), 230.23(16); 228.195(3), 231.001 F.S.
History: New 6/30/98
11.03 RESPONSIBILITIES OF THE PRINCIPAL FOR SCHOOL FOOD SERVICE PROGRAMS
(1) School food service programs shall be operated under the supervision of the Superintendent (or designee) and the building principal and shall not be operated as concessions. School food service shall be operated for the benefit of the student and shall serve foods related only to good nutritional practice. School food service is not a means of making money for other school departments, but these facilities may be used by groups affiliated with the school with the approval of the building principal. It shall be the duty and responsibility of principals to ensure that the food service programs in their schools are operated in conformance with all applicable laws, regulations and rules. The responsibilities of the principal or designee shall be as follows:
(a) Schedule meal periods to maximize student participation
(b) Advise the manager of all activities involving school food service participation and of any change of schedule
(c) Advise the manager at least two weeks in advance when a group or class will be absent from school
(d) Promote opportunities for using the school food service as a laboratory for teaching nutrition, health and social development and for correlating the program with other areas of instruction
Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.
Laws Implemented: 230.22(2), 230.23(16); 228.195(3), 231.085 F.S.; 6A-7.040, 6A-7.042, 6A-7.0421 SBE Rules.
History: New 6/30/98
Note: Former (portion) 6Gx52-2.26 (changed 6/30/98)
11.04 SCHOOL FOOD SERVICE PROCEDURES MANUAL
(1) A School Food Service Procedures Manual containing detailed procedural guidance for operation of the food service program will be developed and disseminated. Food Service employees, the principal and any other staff member designated by the principal shall be expected to become familiar with and abide by all applicable provisions of the manual.
Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.
Laws Implemented: 230.22(2), 230.23(16); 228.195, 230.33(24) F.S.; 6A-7.040, 6A-7.042 SBE Rules.
History: New 6/30/98
11.05 USDA DONATED FOODS
(1) The director or designee of school food service shall be responsible for the distribution of commodities to the schools. The following procedures shall be followed in the distribution and use of commodities.
(a) The donated food shall be used in quantities as may be practical.
(b) Records and receipts of the arrival and distribution of commodities shall be maintained by the director of school food service.
(c) Schools shall be notified of receipt and allocation of commodities so that delivery can be made at an appropriate time. Deliveries of commodities which are stored at a central location shall be made by district personnel using district vehicles.
(d) Donated food shall not be sold, exchanged for any purpose or used in any manner in violation of federal regulations.
(e) Food service shall plan the use of donated foods in such a manner as to avoid any unnecessary carryover from year-to-year.
Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.
Laws Implemented: 230.22(2), 230.23(16); 228.195, 231.001 F.S.; 6A-7.040, 6A-7.042 SBE Rules.
History: New 6/30/98
11.06 FREE AND REDUCED PRICE MEALS
(1) The School Board has established the following free and reduced price meal policy with respect to determining the eligibility of and providing service to children in attendance.
(a) Standards for free and reduced price meals shall be established for all children who are determined to be unable to pay the full price of the meals.
1. Free or reduced price meals shall be served to all children who are determined to be unable to pay the full price of the meals.
2. The Income Eligibility Guidelines for free or reduced price meals shall be in accord with the eligibility scale provided by the Florida Department of Education. The free and reduced price eligibility scales include household size and income by week, month or year. Any child who is a member of a family which has a weekly, monthly or annual income not above the applicable family size income level set forth in the eligibility scale must be served a meal free or at a reduced price whichever is indicated. The eligibility scale shall be that adopted by the State Board of Education based upon income guidelines prescribed by the U.S. Department of Agriculture.
3. Eligibility standards shall be applicable to all schools under the jurisdiction of the School Board. They shall provide that all children from a family meeting the eligibility standards and attending any school under the jurisdiction of the School Board shall be provided the same benefits.
(b) Definitions
1. "Family" means a group of related or nonrelated individuals who are not residents of an institution or boarding house but who are living as one economic unit.
a. An economic unit is a group of related or unrelated people who share housing or all significant income and expenses of its members.
b. Students who are temporarily away at school, e.g. students attending boarding school or colleges, should be counted as members of the household.
2. "Free meal" means a meal for which neither the child nor any member of the family pays or is required to work in the school or in the school's meal program to cover the cost of the meal.
3. "Meal" mean a federally-reimbursable lunch or a breakfast when provided.
4. "Reduced price meal" means a meal that is priced below the full price of the meal and no more than $.40 for lunch and $.30 for breakfast and one which neither the child nor any member of the family shall be required to supply an equivalent value in work for the school or the school's food service program.
5. "Service institution" means a private, nonprofit institution or a public institution, such as a child day care center, which provides day care or other child care where children are not maintained in residence.
6. "Income" means income before deductions such as income taxes, employee's social security taxes, insurance premiums and bonds. It is gross income and includes the following: [1] monetary compensation for services, including wages, salary, commissions or fees; [2] net income from non-farm self-employment; [3] net income from farm self-employment; [4] Social Security; [5] Supplementary Security Income (SSI); [6] dividends or interest on savings or bonds, income from estates or trusts or net rental income; [7] public assistance or welfare payments; [8] unemployment compensation; [9] government, civilian employee or military retirement, pensions or veterans' payments; [10] private pensions or annuities; [11] alimony or child-support payments; [12] regular contributions from persons not living in the household; [13] net royalties; and [14] other cash income.
(c) The responsibility for making determinations of the eligibility of a family for free or reduced price meals for its children is hereby delegated to the Director (or designee) of School Food Services.
(d) The following procedural steps shall be used in accepting applications for free and reduced price meals.
1. At the beginning of each school year, all parents of children attending schools shall be notified by letter about the free and reduced price meals outlined in these rules. They shall be provided an application form and income eligibility scale for reduced price meals. Families of children enrolling in the school at any time during the school year shall receive this same information at the time of enrollment.
2. Applications shall be completed and signed by an adult member of the family. A family may file an application any time during the school year.
3. The information requested shall be limited to that needed to demonstrate the family meets the criteria in the school's approved eligibility standards and will be in accordance with the guidelines issued by the United States Department of Agriculture.
4. The information requested concerning the annual income of the family shall be limited to:
a. the type of such income, such as salary, wages or commissions from employment; earnings from self-employment, including farming; annuities and other cash income
b. the amount of gross income for the family in total or by type
5. The application shall contain clear instructions with respect to the submission of the completed application to the official designated to make eligibility determinations.
6. The application shall include immediately above the space for signature that the person signing it certifies that all information on the application is true and correct and that all income is reported, that the person signing it understands that the information is being given for the receipt of federal funds, that school officials may verify the information on the application and that deliberate misrepresentation of the information may subject the applicant to prosecution under applicable state and federal laws and that the eligibility states once determined may be shared with other school programs unless indicated otherwise on the application.
7. If a free or reduced price meal is approved for the child, written or verbal notification of approval and the amount of the reduced price to be charged shall be made to the parent. Verbal notification shall be documented on the application by the school.
8. Within ten (10) school days of the receipt of the application, parents shall be notified in writing if their application is rejected. The reason shall be given and the parent shall be notified that an appeal may be made. The procedure for making this appeal shall be stated at the time the parent is notified. Prior to initiating the hearing procedure, the parent or the principal may request a conference to provide an opportunity for the parent and the principal 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.
9. When a child transfers from one school to another within the same school system, eligibility information for free or reduced price meals shall also be transferred. The original of the eligibility records shall remain at the location making the determination.
10. At the beginning of the school year, those students who were eligible the previous school year shall continue to receive their free or reduced price meals until the new application is received but no longer than for the first 30 operating school days of the school year.
11. All applications, approved and disapproved shall be preserved for a period of three (3) plus current year for audit purposes.
12. School officials may complete an application for a student known to be needy if the household fails to apply.
13. When exercising this option, the school official shall complete an application on behalf of the student based on the best household size and income information available and make an eligibility determination. The source of the information shall be noted. Social Security numbers of household members need not be secured and these applications may be excluded from verification. The household shall be notified that the student has been certified and is receiving free or reduced price benefits.
14. This option is intended for use in individual situations and does not allow eligibility determinations for categories or groups of children.
15. In all cases an application shall be on file for each child receiving a free or reduced price meal and the application shall be signed either by an adult member of the family or by an adult who is aware of the child's need and approved by the Director (or designee) of Food Service. Upon approval, the child's family shall be notified that the child has been approved and is eligible.
(e) Verification
1. The verification process using either a focused or a random sampling shall be completed by the School Food Authority by December 15th of each school year.
2. Verification of eligibility for free and reduced price meals can be completed by the Director (or designee) of Food Service after the application has been approved.
(f) Hearing Procedure for Appeals
1. Parents may request a hearing whenever they desire to appeal the decisions of the verifying official or the verification process as they relate to the providing of free or reduced price meals.
2. While the challenge is pending, the child shall continue to receive the free or reduced price meal for which originally determined to be eligible based on the information supplied on the application.
3. The family may ask the verifying official (or designee) for such a hearing. The request may be oral or written.
4. The hearing shall be held within a month after the appeal is made and the family shall be given two weeks notice as to the time and place of the hearing. The family shall be consulted as to a mutually convenient time and place for such a hearing to be held.
5. The family shall be offered the following opportunities.
a. To be assisted or represented by an attorney or another person in presenting their appeal
b. To examine, prior to and during the hearing, the documents and records presented to support the decision under appeal
c. To present oral and documentary evidence and arguments supporting its position without undue interference
d. To question or refute any testimony or other evidence and to confront and cross-examine any adverse witness
6. The hearing shall be conducted and the decision made by a hearing official who is a member of the district school staff and who did not participate in making the decision under appeal.
7. 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.
8. The family and any designated representative shall be notified in writing of the decision made by the hearing official.
9. A written record of such hearing shall be made and include the following:
a. the decision under appeal
b. any documentary evidence
c. a summary of any oral testimony presented at the hearing
d. the decision of the hearing official, including the reasons for such decision
e. a copy of the notification to the family of the decision of the hearing official
10. This written record shall be preserved for a period of three years and shall be available for examination by the family or their designated representatives at any reasonable time and place during such period.
(g) Procedure for Collecting Payments and Other Nondiscrimination practices
1. The School Board shall establish procedures for collecting meal payments from children in a manner which protects the anonymity of children receiving free and reduced price meals.
2. The Superintendent (or designee) shall take action necessary to ensure that the names of children eligible to receive free or reduced price meals shall not be published, posted or announced in any manner and that there shall be no overt identification of any such children by the use of special tokens, tickets or by any other means. Children eligible for a free or reduced price meal shall not be required to:
a. work for their lunch
b. use a separate food service facility
c. go through a separate serving line
d. enter the cafeteria through a separate entrance
e. eat meals at a different time from other students
f. eat a meal different from the meal sold to children paying the full cost
3. If a school employs student helpers who are eligible for free or reduced price meals, they are not to work in any capacity except at the written request of the parents. Parents and/or guardians shall be notified that the children would receive a free or reduced price.
(h) The Superintendent (or designee) shall publicly announce the standards for determining the eligibility of children for free and reduced price meals. The public announcement shall be made in the following two ways.
1. A letter shall be distributed to all parents on or before the beginning of each school year. When a child enrolls in school after the beginning of the school year, the letter and the application shall then be provided to the parents or guardian. The letter shall contain or be accompanied by:
a. a copy of the Free and Reduced Price Meal Application
b. a copy of the Income Eligibility Scale which has been uniformly adopted by the State Board of Education
c. information regarding how to make an application for a free or reduced price meal
d. information regarding how a family may appeal the decision of the Director (or designee) of Food Service with respect to such application under the hearing procedures described in subsection (f) herein
2. A public press release containing the same information supplied to the parents shall be made available to the informational media, unemployment offices, any major employers who are contemplating layoffs in the area from which the school draws attendance before the beginning of each school year and whenever there is a change in the policy. A copy of this press release may be obtained by an interested party at the Office of the Superintendent.
(i) Any changes or amendments in the eligibility standards during the school year which have been approved by the Florida Department of Education, shall be publicly announced in the same manner as the original standards were announced pursuant to subsection (h) herein.
Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.
Laws Implemented: 230.22(2), 230.23(16); 228.195, 230.33(24), 230.331, 231.085 F.S.; 6A-7.040, 6A-7.042, 6A-7.0421 SBE Rules.
History: New 6/30/98
11.07 SALE PRICES OF MEALS
(1) Student Meals - The School Board shall establish sale prices for all meals served in school cafeterias. Each student, unless qualified under policy 11.06 Free and Reduced Price Food Service, for a free or reduced price meal, shall pay the full price for each meal.
(2) Adult meals for School Board Employees - The School Board shall establish sale prices for all meals served to adults in school cafeterias. The price shall include, as a minimum, the full price charged to students, the amount of federal reimbursement, the average value of commodities per meal. All School Board employees shall pay the established adult price for the meal in cash. A la carte prices will be adjusted, if necessary, by Food Service to reflect increased food and labor costs.
(3) Adult Meals for Other Adults - Adults who are not School Board Employees may eat in the cafeteria with the approval of the principal. They shall pay the approved sale price of an adult meal.
Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.
Laws Implemented: 230.22(2), 230.23(16); 228.195, 231.085 F.S.; 6A-7.040, 6A-7.042 SBE Rules.
History: New 6/30/98
11.08 UNAUTHORIZED PERSONS IN FOOD PREPARATION AREAS
(1) The food service manager shall be responsible for the control of unauthorized persons in the school food preparation areas. Admission to such area or areas shall be limited to the food service staff, the principal and school personnel on official business. The term "food preparation area" as used herein means the kitchen area and any area behind the food serving lines.
(2) No student shall be allowed in the food preparation areas at any time for any purpose other than educational orientation without written permission of the parent(s) or guardian.
(3) Unauthorized adults shall not be allowed in the food preparation areas at any time except for making repairs and while using the facility as authorized by policy 9.24 , Public Use of School Board Facilities.
(4) The use of school food service facilities for other than the preparation of regular school lunch and breakfast as defined by the USDA Guidelines for the Federal School Lunch Program is discouraged. The principal may permit special use when it is in the best interest of the school system. The manager or a member of the school's food service staff shall be present in the kitchen if equipment is to be used. The principal may assume the responsibility for the kitchen if no equipment is to be used. All special dinners shall be approved by the director of food services.
Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.
Laws Implemented: 230.22(2), 230.23(16); 228.195 F.S.; 6A-7.040, 6A-7.042 SBE Rules.
History: New 6/30/98
Note: Former (portion) 6Gx52-2.26 (changed 6/30/98)