Book: Policy Manual
Section: 8000 Operations
Title: FOOD SERVICES
Code: po8500
Status: Active
Adopted: March 13, 2019
Last Revised: December 8, 2021
8500 - FOOD SERVICES
The Board shall provide cafeteria facilities in all school buildings where space permits and will provide food service for the purchase and consumption of lunch for all students.
The Board shall also provide a breakfast program in accordance with procedures established by the Department of Public Instruction.
The Board does not discriminate on the race, color, national origin, age, sex (including gender status, change of sex, sexual orientation, or gender identity), pregnancy, creed or religion, genetic information, handicap or disability, marital status, citizenship status, veteran status, military service (as defined in 111.32, Wis. Stats.), ancestry, arrest record, conviction record, use or non-use of lawful products off the District’s premises during non-working hours, declining to attend an employer-sponsored meeting or to participate in any communication with the employer about religious matters or political matters, or any other legally protected category in its programs and activities, including employment opportunities in its educational programs or activities, including the Food Service program. Students and all other members of the District community and Third Parties are encouraged to promptly report incidents of unlawful discrimination and/or retaliation related to the Food Service program to a teacher, administrator, supervisor, or other official so that the Board may address the conduct. See Policy 2260 – Nondiscrimination and Access to Equal Educational Opportunity.
The food-service program shall comply with Federal and State regulations pertaining to the selection, preparation, delivery, consumption, and disposal of food and beverages, including but not limited to the current USDA's school meal pattern requirements and the USDA Smart Snacks in School nutrition standards, as well as to the fiscal management of the program. Further, the food-service program shall comply with Federal and State regulations pertaining to the fiscal management of the program as well as all the requirements pertaining to food service hiring and food service manager/operator licensure and certification. In addition, as required by law, a food safety program based on the principles of the Hazard Analysis and Critical Control Point (HACCP) system shall be implemented with the intent of preventing food-borne illnesses. For added safety and security, access to the facility and the food stored and prepared therein shall be limited to food service staff and other authorized persons.
The Board shall approve and implement nutrition standards governing the types of food and beverages that may be sold on the premises of its schools and shall specify the time and place each type of food or beverage may be sold. In adopting such standards, the Board shall:
- consider the nutritional value of each food or beverage;
- consult and incorporate to the maximum extent possible the dietary guidelines for Americans jointly developed by the United States Department of Agriculture (USDA) and the United States Department of Health and Human Services; and
- consult and incorporate the USDA Smart Snacks in School nutrition guidelines.
No food or beverage may be sold on any school premises except in accordance with the standards approved by the Board.
Dietary Modifications
Substitutions to the standard meal requirements shall be made, at no additional charge, for students for whom a health care provider who has prescriptive authority in the State of Wisconsin has provided medical certification that the student's medical condition restricts his/her diet, in accordance with the criteria set forth in 7 C.F.R. Part 15b.
A request for substitutions to the standard meal requirements shall be made, at no additional charge, for students for whom a health care provider has prescriptive authority in the State of Wisconsin has provided medical certification that the student's medical condition that restricts dietary requirements for the student. The individual making such a request of the Food Service Director shall be informed that medical certification that the student has a restricted diet, in accordance with the criteria set forth in 7 C.F.R. Part 15b. must be submitted within five (5) school days from a health care provider who has prescriptive authority in the State of Wisconsin or the dietary modification may be discontinued until such statement is received.
The medical certification must identify:
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the student's medical condition or symptoms of a condition that restricts one (1) or more major life activity or function;
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an explanation of how the condition or symptom affects the student’s diet; and
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the food(s) to be omitted from the student's diet, and the food or choice of foods that must be substituted (e.g., caloric modifications or use of liquid nutritive formula).
On a case by case basis, substitutions to the standard meal requirements may be made, at no additional charge, for students who provide a signed statement from a qualified medical authority that the student cannot consume certain food items due to medical or other special dietary needs, but which does not comply with the requirements above. To qualify for such consideration and substitutions the medical statement must identify:
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the medical or dietary need that restricts the student's diet; and
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the food(s) to be omitted from the student's diet and the food(s) or choice of foods that may be substituted.
The District may provide a student with a substitute meal without any certification provided that the meal still meets the USDA meal pattern for reimbursement.
Meal Charges
Lunches sold by the school may be purchased by students and staff members and community residents in accordance with the rules of the District’s school lunch program.
The operation and supervision of the food-service program shall be the responsibility of the District Administrator. Food services shall be operated on a self-supporting basis with revenue from students, staff, Federal reimbursement, and surplus food. The Board shall assist the program by furnishing available space, initial major equipment, and utensils. Maintenance and replacement of equipment is the responsibility of the program.
A periodic review of the food-service accounts shall be made by the District Administrator. Any surplus funds from the National School Lunch Program shall be used to reduce the cost of the service to students or to purchase cafeteria equipment. Surplus funds from a-la-carte foods purchased using funds from the nonprofit food service account must accrue to the nonprofit food service account.
Bad Debt
Bad debt incurred through the inability to collect lunch payment from students is not an allowable cost chargeable to any Federal program. Any related collection cost, including legal cost, arising from such bad debt after they have been determined to be uncollectable are also unallowable. District efforts to collect bad debt shall be in accordance with Policy 6152 - Student Fees, Fines, and Charges.
Bad debt is uncollectable/delinquent debt that has been determined to be uncollectable no sooner than the end of the school year in which the debt was incurred and after the District Administrator determines that sufficient reasonable effort and approaches to collecting the debt have been made. If the uncollectable/delinquent debt cannot be recovered by the School Meals Program in the year when the debt was incurred, then this is classified as bad debt. Once classified as bad debt, non-Federal funding sources must reimburse the NSFSA for the total amount of the bad debt. The funds may come from the District general fund, State or local funding, school or community organizations such as the PTA, or any other non-federal source. Once the uncollectable/delinquent debt charges are converted to bad debt, records relating to those charges must be maintained in accordance with the record retention requirements in 7 CFR 210.9(b) (17) and 7 CFR 210.15(b).
Negative Account Balances
Students will be permitted to purchase meals from the District's food service using either cash on hand or a food service account. A student may be allowed to incur a negative food service account balance subject to the following conditions.
Families, who participate in the School District of Benton Food Service Program, will be subject to the following policies and procedures:
- Payment Policy
The Food Service Program is a pre-payment program. Families are expected to have a positive balance in their food service lunch account at the beginning of the year and during the course of the school program year.
- Negative Balances
Account Thresholds:
- Elementary: Students will be allowed a $-20.00 balance, before receiving an alternative meal.
- Middle/High: Students will be allowed a $-10.00 balance, before receiving an alternative meal.
- Alternative meals
A student who has exceeded the permissible negative balance amount in his/her account and does not have cash on hand sufficient to purchase a meal will be treated respectfully.
The District will provide meals to students with unpaid meal balances without stigmatizing them, will provide parents of students who charge meals with notification when a student charges a meal, and will make efforts are made to collect the charges made by the students so that the unpaid charges are not classified as "bad debt" at the end of the school year.
If a student has a significant negative lunch account balance, s/he shall be provided a regular reimbursable meal that follows the USDA meal pattern, the cost of which shall continue to accrue to his/her negative lunch account balance.
Students with negative account balances will receive a reimbursable meal only and will not be allowed to purchase a la carte items. Once a student account is at zero, students may continue to purchase meals up to a -$20.00 Elementary and -$10.00 Middle/High School. Once the account reaches -$20.00 Elementary and -$10.00 Middle/High School the student will receive an alternate meal and all other purchases may be denied. Families having difficulty making deposits should contact the school office to make arrangements. Reduced priced and free meals are available to those who qualify and an application can be obtained from the school that your student attends.
- Account Balances
Families will be notified when their student account reaches a positive $5.00 through e-mail, text message, and/or district phone system.
Parents may restrict students from making additional purchases by calling the school office. A message will show up on the account which will notify the lunch cashier. The restriction on the system will show up from year to year unless the school office is contacted through e-mail (tsaunders@benton.k12.wi.us).?
Student balances and purchases made on accounts are available on the District website using the e-Funds tab. Payments can also be sent to the school office.?
- Staff Meals
Staff meals may be purchased at a price determined by the Food Service Department. To be eligible for the staff meal price, portions for individual items may not exceed those given to the high-school aged students. Adults may not have a negative balance at any time.
This policy and any implementing guidelines shall be provided in writing to all households at the start of each school year and to households transferring to the school or School District during the school year. The policy and implementing guidelines will also be provided to all District staff with responsibility for enforcing the policies.
Other Provisions
The food-service program may participate in the "Farm to School Program" using locally grown food in school meals and snacks.
No foods or beverages, other than those associated with the District's food-service program, are to be sold during food-service hours.
The District’s food service program shall serve only food items and beverages determined by the Food Service Department to be in compliance with the current USDA Dietary Guidelines for Americans and the USDA Smart Snacks in School nutrition guidelines. Any competitive food items and beverages that are available for sale to students a la carte in the dining area between midnight and thirty (30) minutes following the end of the school day shall also comply with the current USDA Dietary Guidelines for Americans and the USDA Smart Snacks in School nutrition guidelines, and may only be sold in accordance with Board Policy 8550. Foods and beverages unassociated with the food-service program may be vended in accordance with the rules and regulations set forth in Board Policy 8540.
The District Administrator will require that the food service program serve foods in the schools of the District that are wholesome and nutritious and reinforce the concepts taught in the classroom.
The District Administrator is responsible for implementing the food service program in accordance with the adopted nutrition standards and shall provide a report regarding the District’s compliance with the standards at one of its regular meetings annually.
Nondiscrimination Statement
The following statement applies to all programs administered by the District that are funded in whole or in part by the U.S. Department of Agriculture (USDA):
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at:
http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
- Mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;
- Fax: (202) 690-7442; or
- E-mail: program.intake@usda.gov.
This institution is an equal opportunity provider.
All verbal or written civil rights complaints regarding the school nutrition programs that are filed with the District must be forwarded to the Civil Rights Division of USDA Food and Nutrition Service within three (3) days.
Revised 11/13/19
T.C. 3/10/21
© Neola 2021
Legal
SP 32-2015 Statements Supporting Accommodations for Children with Disabilities in the Child Nutrition Programs
SP 59-2016 Modifications to Accommodate Disabilities in the School Meal Program
OMB Circular No. A-87 USDA Smart Snacks in School Food Guidelines (effective July 1, 2014)
Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq.
Healthy, Hunger-Free Kids Act of 2010 and Richard B. Russell National School Lunch Act, 42 U.S.C. 1751 et seq.
42 U.S.C. 1758
15.137, Wis. Stats.
93.49, Wis. Stats.
115.34 - 115.345, Wis. Stats.
120.10(16), Wis. Stats.
120.13(10), Wis. Stats.
7 C.F.R. Part 15b
7 C.F.R. Part 210
7 C.F.R. Part 215
7 C.F.R. Part 220
7 C.F.R. Part 225
7 C.F.R. Part 226
7 C.F.R. Part 227
7 C.F.R. Part 235
7 C.F.R. Part 240
7 C.F.R. Part 245
42 U.S.C. Chapter 13
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