CHAPTER 14

SCHOOL FOOD SERVICES

             The board of education has overall responsibility for ensuring that a nourishing lunch, and in many instances, a nourishing breakfast, is made available to every student, every day. The board must see that the food service program adheres to accountability standards. The board must determine prices of lunch and breakfast, determine if a breakfast program is to be offered, ensure that the procurement process provides for the best economical food and supplies, make sure that proper procedures are being followed, determine the number of personnel needed for the food service program, and most important, ensure that meals are of the highest quality possible within the resources available and that all state regulations are followed. The food service program is the only proprietary fund (funds for profit) the board manages. The board does not want to make large sums of money on the food service program but must assure that the program is profitable or pay the deficit from other school board funds.

FEDERAL FUNDING

            The National School Lunch and National School Breakfast programs provides two reimbursements to districts, a regular reimbursement and a severe need reimbursement, referred to as the Safety Net by the Kentucky Department of Education. To qualify for the severe need lunch reimbursement, 60 percent of a school’s students must qualify for free and reduced lunches from the second preceding school year. In other words, to qualify for severe need in 2005-06 a district’s free and reduced lunch rate would have to be 60 percent or greater in the 2003-04 school year. The reimbursement rate is always two years behind. Severe need for the breakfast program is 40 percent free and reduced lunches, also based on the second preceding school year. To qualify for severe need reimbursement for an after-school snack program, 50 percent of a district’s student population must qualify for free and reduced lunches. If this district meets this standard,  all students will receive a free snack. 

            Federal reimbursement also is available for schools sponsoring a split-session kindergarten milk program for students who do not have access to lunch or breakfast. Schools may not charge more than 10 cents above the cost of the milk for paid students.

            Meal/food reimbursement rates generally are adjusted upward annually by the federal government.

SETTING THE PRICE OF LUNCH AND BREAKFAST

            One of the least satisfying decisions that a board member has to make is determining the price of a school lunch and a school breakfast. There is a tendency for board members to set the absolute lowest price for a lunch, often at the expense of quality and quantity. However, the price of meals must pay the bills or the board will be responsible for payment from other funds. To arrive at a price for school lunches and breakfasts, board members need to know federal reimbursements for free and reduced meals (available from the district’s food services director). The price of a lunch should be close to the amount of reimbursement received for a free lunch, less federal reimbursement for all lunches. For example, if the reimbursement for a free lunch is $2.24 per lunch served, the price of a lunch for students not on free lunch should average from $1.80 to $2.00 ($2.24 minus a federal reimbursement for all lunches of $.21 = $2.03). To do otherwise would be using the money received for the free lunch program to arbitrarily keep the cost of lunches low for those students whose parents can afford to purchase lunch. The result of this would be less quality and/or quantity. Because there is no federal reimbursement for adult lunches, adult lunches should be reasonably priced above the full federal reimbursement rate.

            If the board wants to let the administration routinely set the cost of lunch and breakfast each year, it should adopt a policy that establishes parameters. For example, the board could stipulate that the price be set according to the formula outlined in the preceding paragraph, with the final figure rounded downward to the nearest nickel. If the board adopts a policy allowing the administration to set the cost of lunches and breakfasts annually, the board should ensure that the district has a way to inform parents of the rationale behind the costs set. This can be done in various ways, including a letter to parents, or having the administration present the rationale at an open board meeting or forum. 

EXTRA SALES

            If the administration plans to provide sales of a la carte items through the cafeterias, it  should report to the board items to be sold and the cost to students. Board members should avoid long discussions debating the merit of items and avoid micromanaging. If there is a disagreement, the board can require a more detailed report from the administration at the next meeting. 

NEW FOOD SERVICE RESPONSIBILITIES

            KENTUCKY

            The growing concern over childhood obesity led the Kentucky General Assembly in 2005 to address some of these concerns by passing Senate Bill 172, which will directly affect school districts and school food services.

            This bill requires school council in grade K-5 schools to have a wellness policy assuring each student has moderate to vigorous physical activity (up to 30 minutes a day, or a cumulative 150 minutes per week) as part of the instructional day. It also prohibits elementary schools from selling soda products during the school day. School boards are responsible for seeing that all of their schools meet minimum nutritional standards for foods and beverages set by the Kentucky Board of Education, though districts can implement more stringent standards. The law requires that when possible, schools should not give food/beverage items to students as rewards. When food/beverage items are used as rewards, such items shall comply with nutritional guidelines in state regulations. The law also sets up credentialing and continuing education requirements for school food service directors.

            This new law also requires boards of education beginning in 2006-07 school year to:

• Make sure that vending machines, school stores, a la carte cafeteria sales and canteens meet the serving size, sugar and fat content and nutritional standards set by the state board of education.
• Reflect in the District Code of Acceptable Behavior and Discipline that the loss of physical activity periods shall not be used as a disciplinary consequence.
• Make sure retail fast food sales in cafeterias are limited to one day a week.
• Make sure the superintendent/designee helps identify strategies to promote daily moderate to vigorous physical activity. This may include activities that increase strength, flexibility, and speed heart rate. Activities may include walking, running, jumping rope, dancing and competitions that involve all students.
• Release a nutritional report each year; the board shall discuss the findings and seek public comment during a publicly advertised board meeting.
• Hold an advertised public forum to present a plan to improve school nutrition in the district by Jan. 31 of each year.
• Ensure that the district compiles a summary of findings and recommendations and submits the summary as required to the Kentucky Board of Education.

            The bill directed the state board of education to enact a regulation to address “minimum nutritional standards for all foods and beverages that are sold outside the National School Breakfast and National School Lunch programs, whether in vending machines, school stores, canteens or a la carte cafeteria sales.” The regulation addresses serving size, sugar, juice content and fat content of those foods and beverages, and school boards are responsible for ensuring those standards are met. It is important to note that the standards apply to schools at all levels – elementary, middle and high schools.

            PENALTIES

            State law says that any school violating the standards are subject to escalating penalties assessed by the education commissioner, ranging from a fine of at least one week’s competitive food sales revenues to a six-month ban from competitive food sales for “habitual violations.”

            FEDERAL

            In 2004, the Congress passed a law requiring all local school districts to establish a local school wellness policy that must be in place by June 30, 2006. 

            The required local school wellness policy must, at a minimum:

1. Include goals for nutrition education, physical activity, and other school-based activities that are designed to promote student wellness as determined by the school district.
2. Include nutrition guidelines selected by the school district for all foods available on each school campus during the school day with the objectives of promoting student health and reducing childhood obesity.
3. Provide an assurance that guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary of Agriculture pursuant to the federal Child Nutrition Act and the National School Lunch Act.
4. Establish a plan for measuring implementation of the local wellness policy, including designating one or more district or school-level employees, as appropriate, to ensure that the school meets the local wellness policy, and that parents, students, representatives of the school food authority, the school board, school administrators, and the public are involved in developing the school wellness policy.

Some controlling statutes for this chapter: KRS 158.850; KRS 158.852; KRS 158.854; KRS 158.856 (all pertain to new state requirements)

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© 2004 Kentucky School Boards Association.

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