N.M. Admin. Code § 6.12.9.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 6.12.9.7 - DEFINITIONS

A."Breakfast program" means the free breakfast program established by Section 22-13-13.2 NMSA 1978.

B."Community eligibility provision" or "CEP" means a non-pricing meal service option for schools and school districts in low-income areas. Schools that adopt the CEP are reimbursed with federal USDA funds using a formula based on the percentage of students categorically eligible for free meals based on their participation in other means-tested programs such as the supplemental nutrition assistance program (SNAP) and temporary assistance for needy families (TANF).

C."Congregate feeding" means all eligible students remain with their classmates for breakfast program service, and one or more students may not be separated from their classmates to access a meal.

D."Eligible school" means a public school in which eighty-five percent or more of enrolled students were eligible for free or reduced-price lunch under the national school lunch act during the prior school year or a public school implementing the CEP or Provision 2. Eligible schools shall not include private, parochial, or home schools.

E."Eligible student" means a student enrolled in an eligible school.

F."Federal reimbursement rate" means an amount prescribed annually by the United States secretary of agriculture for federal payments toward each meal served. The federal reimbursement rate differs for free, reduced-price, and paid meals and whether the school is in "severe need," as defined in 7 CFR Part 220.2 and according to the criteria in 7 CFR 220.9.

G."Financial hardship" means the situation in which implementation of the breakfast program would cause a school to operate at a financial loss such that cost would exceed revenue and the use of funds from the state equalization guarantee would be required to cover the cost of serving breakfast. Financial hardship shall not include a school's or staff's non-interest or refusal to participate in the breakfast program.

H."Multiplier" means the number established by the USDA to generate meal reimbursement rate percentages.

I."Provision 1" means an alternative provision to the normal requirements for annual determinations of eligibility for free and reduced-price school meals, as defined in section 104(a) of the Healthy, Hunger Free Kids Act. Provision 1 allows free eligibility to be certified for a two-year period. There is no requirement to offer meals at no charge to all students.

J."Provision 2" means an alternative provision to the normal requirements for annual determinations of eligibility for free and reduced-price school meals, as defined in section 104(a) of the Healthy, Hunger Free Kids Act. Provision 2 allows schools to establish claiming percentages and to serve meals at no charge to all participating children for a four-year period.

K."Provision 3" means an alternative provision to the normal requirements for annual determinations of eligibility for free and reduced price school meals, as defined in section 104(a) of the Healthy, Hunger Free Kids Act. Provision 3 allows schools to receive the same level of federal cash and commodity assistance each year, with some adjustments, for a four-year period and to serve meals at no charge to all participating children for a four-year period.

L."United States Department of Agriculture" or "USDA" means the federal agency that provides oversight and funding for school meal programs through food and nutrition service programs.

M."Voluntary school" means a public school in which fewer than eighty-five percent of students were eligible for free or reduced-price lunch under the national school lunch act during the prior school year that selects to establish a breakfast program, so long as state funds exist.

N.M. Admin. Code § 6.12.9.7

6.12.9.7 NMAC - N, 10-31-11, Adopted by New Mexico Register, Volume XXXI, Issue 02, January 28, 2020, eff. 1/28/2020