APRIL 13-16, 2016 Confidentiality in Child Nutrition Programs Stephanie Bruce, Director Nutrition Services Palm Springs USD THESE MATERIALS HAVE BEEN PREPARED BY THE CASBO CHILD NUTRITION PROFESSIONAL COUNCIL. THEY HAVE NOT BEEN REVIEWED BY STATE CASBO FOR APPROVAL, SO THEREFORE ARE NOT AN OFFICIAL STATEMENT OF CASBO

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 2 Overview Purpose Confidentiality of Free & Reduced Meal Data Sharing Meal Eligibility Data

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 3 Purpose ●To ensure that the confidentiality of student meal status and household information used to determine eligibility in the National School Lunch Program is protected according to Federal, State and Local laws and regulations. ●Federal, State and Local means-tested nutrition programs and federal and state education programs may receive eligibility status, but no other information, without prior parental notification or consent.

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 4 Confidentiality – What are the Rules??? ●The National School Lunch Act (NSLA) governs the disclosure of information about Free and Reduced Lunch (FRL) eligibility status. Section 9(b)(6) ●Family Education Rights and Privacy Act (FERPA) apply if the Eligibility status is maintained as part of the student’s education record. ●No Child Left Behind Act of 2001 expanded the rules on confidentiality ●California Education Code provides clear and concise rules for California on the sharing of meal eligibility status. ●USDA School Meal Eligibility Guidance Manual – Chapter 5 (CA Ed Code is to be followed)

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 5 The Richard B. Russell National School Lunch Act ●Section 9(b)(6)  Delineates the restrictions on the disclosure and use of information obtained from an application for free and reduced priced meals.  Information received through Direct Certification is also included.  Criminal Penalties Up to $1000 fine Up to 1 year in prison Or Both

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 6 The Family Education Rights and Privacy Act ●Protects the privacy of student education records  Applies to all schools that receive funds under an applicable program of the U.S. Department of Education.  Schools must have written permission from the parent or eligible in order to release any information from a student’s record.  There are caveats, however, School Meal eligibility status is not one.  34 CFR Part 99

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 7 The No Child Left Behind Act ●Improving the Academic Achievement of the disadvantaged  Low income families  Homeless/Neglected children  Eligibility based on % of low income families. (35%)

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 8 California Ed Code – Sharing Meal Eligibility Status ●Information on Meal applications must be kept confidential and used only for the purpose of the administration of the f/r meal program. ●Disclosing from the individual meal records only the student name and eligibility status is allowable for the disaggregation of school achievement data and for purposes related to the No Child Left Behind Act. The public agency has adopted a policy that allows for the use of individual records for these purposes. Individual Eligibility status may not be kept in the student’s permanent record. No public release of information regarding individual pupil participation in any free or reduced-price meal program is permitted. All other confidentiality provisions required by law are met. The information collected regarding individual pupils is destroyed when it is no longer needed for its intended purpose. The Public Agency must ensure the following

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 9 Medi – Cal Program School Districts and County Superintendents of schools may release information on the School Lunch Program application that determines eligibility under the Medical Program. The child must be approved for free meals The applicant must consent to sharing the information CA Ed Code Effective January 1, 2014, LEA’s who participate in sharing with Medi-Cal must distribute information noted in MB SNP The Public Agency must ensure the following:

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 10 Cal-Fresh Program – AB 402 School districts and county superintendents of schools may release information on the School Lunch Program application to the local agency that determines eligibility under the CalFresh program or to an agency that determines eligibility for nutrition assistance programs authorized by 7CFR Chapter 2 Section 210.1(b) The child must be approved for free meals The applicant must consent to sharing the information CA Ed Code and Must have a Memorandum of Understanding (MOU) with the correct agency. Written consent from the parents to share the information. MB SNP The Public Agency must ensure the following:

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 11 LCFF – Local Control Funding Formula A school district, charter, or county office of education may release the name and eligibility status of a pupil participating in the free or reduced- price meal program. To the Superintendent for the purposes of determining funding allocations under the LCFF and for the accountability of the funding. Upon request, to another school district, charter school, or county office of education that is serving a pupil living in the same household as an enrolled pupil for purposes related to free and reduced-price meal program eligibility and for the data used in LCFF calculations. MB SNP The Public Agency must ensure the following:

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 12 Sharing Meal Eligibility with other Districts Ed code does not prohibit districts from sharing meal eligibility information. To ensure that individual students continue to receive school meals when moving from one school district to another. For LCFF purposes Both districts must ensure that information remains confidential. The Public Agency must ensure the following:

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 13 Valid Reason to share or Not?? A teacher in your district has posted a list of students in her classroom that have not turned in a meal application. The Superintendent has asked you to provide a list to all school sites of students who have not turned in a meal application so that each school can call those parents who have not turned them in. A teacher called to get the meal status of a student because she noticed she isn’t eating lunch.

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 14 Valid Reasons to Share or NOT?? ●The high school secretary is getting ready to set up AP testing and called for the meal status of students taking the test. ●The school counselor called because he is doing an investigation regarding an altercation between two students who were fighting during lunch and wants to know the meal status of the student to determine if they were supposed to be in the cafeteria. ●The district office wants to purchase a reading curriculum and the company is requesting individual meal status for each student to complete the contract.

2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 15 Questions????