PROPOSED RULEMAKING
DEPARTMENT OF EDUCATION
[22 PA. CODE CH. 191]
Reimbursement Amounts for National School Lunch and Breakfast Programs
[30 Pa.B. 5847] The Department of Education (Department) proposes to add Chapter 191 (relating to school lunch and breakfast reimbursements) which specifies State school lunch and breakfast reimbursement rates, as set forth at Annex A, under the authority of the act of May 10, 2000 (P. L. ____ , No. 16) (Act 16) and section 1337 of the Public School Code of 1949 (24 P. S. § 13-1337 (act)).
Purpose
Under section 1337(b) of the act, the Department is authorized to disburse funds appropriated for school meals programs. Act 16 specifies State reimbursement rates for eligible school breakfasts and lunches for Fiscal Year 2000-2001 and subsequent fiscal years.
The act provides a flat reimbursement rate of 10¢ for every eligible school breakfast served and 10, 12 or 14¢ for every eligible school lunch served. ''Eligible'' means that meals served to children comply with Federal nutrition standards for the Federal National School Lunch or School Breakfast Program, or both.
If a school participates in the National School Lunch Program but does not participate in the School Breakfast Program, the school will earn 10¢ for every lunch served. If a school participates in the National School Lunch and School Breakfast Programs, the school will earn an additional 2¢ (12¢ total) for every lunch served. If more than 20% of the school's enrollment participates in the School Breakfast Program, the school will earn an additional 4¢ (14¢ total) for every lunch served. The differential in reimbursement rates available for school lunches served is intended to provide an incentive for schools to offer new breakfast programs or to increase participation in existing breakfast programs.
Requirements of the Proposed Regulations
These proposed regulations specify the reimbursements to be paid to approved public schools, nonprofit private schools, and public and nonprofit residential childcare institutions participating in the Federal National School Lunch or School Breakfast Program, or both. The regulations also reference the requirement to comply with nutrition and other standards contained in 7 CFR Parts 210, 220 and 245 (relating to National School Lunch Program; School Board Breakfast Program; and determination of eligibility for free and reduced meals and free milk in schools) as criteria for earning meal reimbursements submitted to the Department on monthly claims for reimbursement.
Cost and Paperwork Estimates
The proposed regulations increase reimbursements for eligible meals served in approved entities participating in the Federal National School Lunch or School Breakfast Program, or both. There are no additional paperwork requirements.
The cost of providing reimbursements for school meals for Fiscal Year 2000-2001 is estimated at $24.2 million. Approximately 44% of this State appropriation ($10.56 million) amounts to required State matching funds. Federal reimbursements for school meals in the Commonwealth amounted to approximately $200 million in Fiscal Year 1999.
Effective Date
The new reimbursement rates will become effective on July 1, 2001, in accordance with Act 16.
Sunset Date
Chapter 191 will be reviewed and the reimbursements for the National School Lunch and School Breakfast Programs fixed every school year as required by Act 16.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (act) (71 P. S. § 745.5(a)), on October 31, 2000, the Department submitted copies of these proposed regulations to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Education Committees. In addition to submitting the proposed regulations, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1 Regulatory Review and Promulgation. A copy of this material is available to the public upon request.
If the Committees have objections to any portion of the proposed regulations, they will notify the Department within 20 days from the beginning of their review period. Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed regulations, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor of objections raised.
Public Comments and Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding this proposal to Patricia Birkenshaw, Chief, Division of Food and Nutrition, Bureau of Budget and Fiscal Management, Department of Education, 333 Market Street, Harrisburg, PA 17126-0333, within 30 days following publication in the Pennsylvania Bulletin. Persons needing additional information regarding this proposal may contact Patricia Birkenshaw at (717) 787-7698 or at pbirkensha@state. pa.us.
Persons with disabilities needing an alternative means of providing public comment may make arrangements by calling Patricia Birkenshaw at the number referenced in this Preamble or TDD (717) 787-7367.
Alternative formats of these proposed regulations (for example, braille, large print, cassette tape) can be made available to members of the public upon request to Patricia Birkenshaw at the telephone and TDD numbers listed above.
EUGENE W. HICKOK,
SecretaryFiscal Note: 6-271. (1) General Fund; (2) Implementing Year 2000-01 is $21,186,000; (3) 1st succeeding Year 2001-02 is $24,414,634; 2nd Succeeding Year 2002-03 is $24,667,569; 3rd Succeeding Year 2003-04 is $24,923,514; 4th Succeeding Year 2004-05 is $25,182,504; 5th Succeeding Year 2005-06 is $25,444,575; (4) Fiscal Year 1999-00 $16,383,640; Fiscal Year 1998-99 $16,301,197; Fiscal Year 1997-98 $16,018,733; (7) For grants to school districts to assist in meeting Federal matching requirements for grants received under the Federal Child Nutrition Act and to aid in providing a food program for needy children (8) recommends adoption.
Annex A
TITLE 22. EDUCATION
PART XII. BASIC EDUCATION
CHAPTER 191. SCHOOL LUNCH AND BREAKFAST REIMBURSEMENTS Sec.
191.1. Purpose. 191.2. Definitions. 191.3. Payment of State Reimbursements. § 191.1. Purpose.
This chapter provides notice of the State reimbursement rates and payment procedures for eligible school breakfasts and lunches for Fiscal Year 2000-2001 and subsequent fiscal years as required by section 1337.1 of the Public School Code of 1949 (24 P. S. § 13-1337.1). The Department's responsibility for providing reimbursements can be found in Article XIII of the Public School Code of 1949 (24 P. S. §§ 13-1301--13-1394).
§ 191.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Department--The Department of Education of the Commonwealth.
Eligible breakfasts and lunches--Breakfasts and lunches that meet Federal nutrition standards for the National School Lunch and School Breakfast Programs as defined in 7 CFR 210.10 and 220.8 (relating to what are the nutrition standards and menu planning approaches for lunches and the requirements for afterschool snacks?; and what are the nutrition standards and menu planning approaches for breakfast?).
Eligible school--A school as the term is defined in 7 CFR 210.2 (relating to definitions).
Reimbursements--State payments to school food authorities that are in compliance with Federal National School Lunch or School Breakfast Programs regulations as specified in 7 CFR Parts 210, 220 and 245 (relating to National School Lunch Program; Child Nutrition Programs; and determination of eligibility for free and reduced price meals and free milk in schools).
School food authority--The governing body responsible for the administration of one or more schools and has the legal authority to operate the National School Lunch or School Breakfast Programs.
School lunch program--The Federal National School Lunch Program as permanently authorized in section 2 of the Richard B. Russell National School Act (42 U.S.C.A. § 1751).
School breakfast program--The Federal School Breakfast Program as permanently authorized in amendments to the Child Nutrition Act of 1966 (42 U.S.C.A. §§ 1771--1791).
Schools that participate--A public school district, intermediate unit, charter school, area vocational-technical school, tax exempt private or parochial school, public residential childcare institution or tax exempt private residential childcare institution, participating in the National School Lunch or School Breakfast Programs as approved by the Department, and in compliance with 7 CFR Parts 210, 220 and 245.
§ 191.3. Payment of State reimbursements.
(a) Reimbursements will be paid to participating school food authorities (SFAs) for eligible breakfasts and lunches served to children.
(b) Reimbursements will be paid to an SFA after the SFA submits a monthly claim for reimbursement to the Department for review and approval.
(c) Reimbursements paid will not be less than the following amounts for State Fiscal Year 2000 and subsequent fiscal years:
(1) Schools that participate in the school breakfast program will receive 10% for every eligible breakfast served.
(2) Schools that participate in the school lunch program will receive 10¢ for every eligible lunch served if the schools do not participate in the school breakfast program.
(3) Schools that participate in both the school lunch and school breakfast programs will receive an incentive reimbursement of 2¢ (12¢ total) for every eligible lunch served if 20% or less of the school's enrollment participates in the school breakfast program.
(4) Schools that participate in both the school lunch and school breakfast programs will receive an incentive reimbursement of 4¢ (14¢ total) for every eligible lunch served if more than 20% of the school's enrollment participates in the school breakfast programs.
[Pa.B. Doc. No. 00-1933. Filed for public inspection November 10, 2000, 9:00 a.m.]
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