Or. Admin. R. 581-051-0610

Current through Register Vol. 63, No. 6, June 1, 2024

Section 581-051-0610 - Community Eligibility Provision Incentive Reimbursement Program

(1) As used in this section:

(a) "Breakfast" means a reimbursable breakfast that is provided through the federal School Breakfast Program.

(b) "Community Eligibility Provision" refers to the alternative reimbursement option administered by the United States Department of Agriculture for schools and school districts in high-poverty areas through which participating schools or school districts agree to provide breakfasts and lunches at no charge to all students in exchange for receiving federal meal reimbursements based on the schools' or districts' identified student percentage.

(c) "Eligible school or district" means a school, a group of schools, or a school district that:

(A) Effective beginning School Year 2024-2025 and thereafter, meets all federal regulations and requirements for participating in the Community Eligibility Provision per 7 CFR 245.9(f);

(B) Participates in both the federal National School Lunch and School Breakfast Programs; and

(C) Complies with the regulations and procedures established by the United States Department of Agriculture for the administration of the Community Eligibility Provision.

(d) "Identified students" has the meaning given that term in 7 CFR 245.9(f).

(e) "Identified student percentage" has the meaning given that term in 7 CFR 245.9(f).

(f) "Identified student percentage reimbursement goal" is the percentage of all breakfasts and lunches an eligible school or district served to its students during a school year that the Oregon Department of Education has determined should be reimbursed at an amount equal to either the applicable federal free meal reimbursement rate, or a supplemental meal reimbursement rate calculated by the department for the Community Eligibility Provision Incentive Reimbursement Program.

(g) "Lunch" means a reimbursable lunch that is provided through the federal National School Lunch Program.

(h) "School district" means an Oregon common school district, joint school district, union high school district, education service district, or public charter school.

(i) "School year" means the twelve-month period beginning on July 1 and ending on June 30.

(2) The purpose of the Community Eligibility Provision Incentive Reimbursement Program is to encourage participation in the federal Community Eligibility Provision, and maximize the number of schools participating in the provision, by making the provision financially viable for more eligible schools and districts. The program achieves its purpose by supplementing the federal reimbursements participating schools and school districts receive for the breakfasts and lunches they serve at no cost to their students with an additional state-funded meal reimbursement.

(3)

(a) The Oregon Department of Education will notify each school or district that is eligible for participation in the Community Eligibility Provision Incentive Reimbursement Program of its eligibility and that it will receive a supplemental, state-funded meal reimbursement that is in addition to any federal meal reimbursement received through the Community Eligibility Provision. The program is not competitive; participation in the program is open to all eligible schools and districts.

(b) An eligible school or district must notify the department of its intent to participate in the Community Eligibility Provision Incentive Reimbursement Program in the form and manner prescribed by the department.

(4)

(a) The Oregon Department of Education will make the first reimbursements under the Community Eligibility Provision Incentive Reimbursement Program for breakfasts and lunches eligible schools and districts serve their students during the 2020-21 school year.

(b) Beginning in the 2020-21 school year, the department will publish the identified student percentage reimbursement goal for the current school year. Depending on the number of claims received, the amount of state funds allocated for reimbursements, the amount of state funds available for paying claims, changes in student enrollment, or other related factors, the department may revise the identified student percentage reimbursement goal for the current school year. The department will notify eligible schools and districts eight weeks in advance of any changes in the current school year's identified student percentage reimbursement goal.

(5) The Oregon Department of Education will issue periodic reports about the Community Eligibility Provision Incentive Reimbursement Program. The reports will include, but are not limited to, how much remains of the funds allocated for the program, the number of schools or districts participating, and the number of students served.

(6)

(a) The Oregon Department of Education will publish a Community Eligibility Provision Incentive Reimbursement Program agreement form. Eligible schools or districts must submit a signed agreement form to the department before they can receive supplemental, state-funded meal reimbursements through the program.

(b) The department will base its program agreement on an eligible school or district's existing agreement with the department to operate one or more federal school nutrition programs. The program agreements will include, but are not limited to, a requirement that the eligible school or district comply with applicable state and federal requirements for the administration of the federal school nutrition programs and the terms of its existing agreement to operate one or more federal school nutrition programs.

(7)

(a) The Oregon Department of Education will develop an annual supplemental meal reimbursement rate for the Community Eligibility Provision Incentive Reimbursement Program. The supplemental meal reimbursement rate will be based on:

(A) The free reimbursement rate established by the United States Department of Agriculture for reimbursable meals; and

(B) Any amounts otherwise reimbursed or paid by state, federal or other sources.

(b) Notwithstanding paragraph (a) of this subsection, the department may calculate an alternative supplemental meal reimbursement at a lower rate for schools and districts participating in the program that have an identified student percentage that is equal to or greater than 15 percent, but less than 25 percent, as of April 1 of the fourth year of the school or district's four-year community eligibility cycle, and are continuing on the Community Eligibility Provision for a fifth year.

(8)

(a) Eligible schools and districts participating in the Community Eligibility Provision Incentive Reimbursement Program must submit a monthly claim for reimbursement in the form and manner prescribed by the Oregon Department of Education. The department will process supplemental, state-funded meal reimbursements paid through the program according to the United States Department of Agriculture's rules and procedures for submitting and processing meal reimbursement claims through the National School Lunch and School Breakfast Programs.

(b) If a monthly claim for reimbursement submitted by a school or district participating in the program is adjusted after the school or district received federal or state reimbursements for the meals it served during that month, the department may take steps to avoid an overpayment or underpayment, including but not limited to reducing or increasing the amount of the following month's supplemental meal reimbursement by the amount of the overpayment or underpayment.

(c) A school or district participating in the program may not receive supplemental state funds if it does not submit a monthly claim for reimbursement.

(9) A school or district participating in the Community Eligibility Provision Incentive Reimbursement Program must deposit any supplemental, state-funded meal reimbursements it receives through the program in its nonprofit school food service account.

(10)

(a) The Oregon Department of Education shall publish performance measures and guidance documents for participants in the Community Eligibility Provision Incentive Reimbursement Program.

(b) Every year, a school or district participating in the program must report on the program in the manner and form prescribed by the department. The department may only require reporting that is necessary:

(A) For making reimbursements under this section;

(B) To ensure the accuracy of reimbursements made under this section, and compliance with this section and the program agreement; or

(C) To prevent waste, fraud, and abuse in reimbursements made under this section.

Or. Admin. R. 581-051-0610

ODE 12-2020, adopt filed 04/23/2020, effective 4/23/2020; ODE 33-2022, amend filed 06/23/2022, effective 6/23/2022; ODE 16-2024, amend filed 04/24/2024, effective 4/24/2024

Statutory/Other Authority: 2019 OR Laws, Ch. 122, Sec. 30 (Enrolled HB 3427) & 7 CFR 245.9(f)

Statutes/Other Implemented: 2019 OR Laws, Ch. 122, Sec. 30 (Enrolled HB 3427)