8500 - FOOD SERVICES
The Board recognizes the importance of maintaining a successful food service operation that promotes the development of a healthier lifestyle to support student achievement. The School Board shall provide cafeteria facilities in all school facilities where space and facilities permit and will provide food service for the purchase and consumption of breakfast, lunch, and other foods for all students. The Board shall annually encumber the funds needed to operate the program.
It is the intent of the Board to participate in the National School Lunch and School Breakfast Program and to offer paid, free, or reduced-price meals in accordance with the Child Nutrition Program, the National School Lunch Act, and Florida law. The operation of the food service program shall also be in compliance with the regulations set forth in State law and the Florida Administrative Code.
Students who are eligible for free or reduced-price meals, shall be determined by the criteria established by the Child Nutrition Program and National School Lunch Act and any other applicable Federal or Florida laws. The Board requires that the identity of students receiving free or reduced-price meals be safeguarded and kept confidential.
The operation and supervision of the food service program shall be the responsibility of the Food and Nutrition Services (FNS) Director. The District will adhere to the professional standards for school nutrition personnel who manage and operate the food service program, including the requirements related to hiring and training that are set forth inUnited States Department of Agriculture ("USDA")regulations.
Further, as required by USDA regulations and upon recommendation of the Superintendent, the Board will annually certify:
- the School Nutrition Program Director meets the hiring standards and training requirements set forth in USDA regulations; and
- each employee in the food service program has completed the applicable training requirements set forth in USDA regulations.
The Principal, in conjunction with the FNS Director and local school staff, shall have the following responsibilities:
- to comply with Federal and State laws, regulations, and the District policies; and
- to effect, through classroom instructions and learning experiences outside the classroom, ways to increase the students' knowledge of nutrition; and
- to schedule students to effect the greatest participation in the school food service program by providing sufficient time for students to received and consume a meal; and
- to comply with the food holds and reclass in accordance with USDA.
The Cafeteria Manager will work under the direct supervision of the Principal of the assigned school, in conjunction with the FNS Director in accordance with Board policy, State law, and other applicable legal requirements.
Additional personnel shall be employed in accordance with established procedures and job classifications. These persons shall be employed by the Board upon recommendations of the Principal. They shall work directly under the supervision of the Cafeteria Manager.
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 school meal pattern requirements and the USDA's 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 Superintendent shall recommend and the Board shall approve the cost of meals for elementary, middle, and high schools annually.
School Breakfast
School breakfast meals shall be made available to students at all schools in the District. The Board will do so by participating in the National School Breakfast Program by offering paid, free, and reduced-price breakfast meals in accordance with the USDA guidelines. Further, the Board shall offer breakfast meals free of charge to all students at each elementary, middle, and high school in which eighty percent (80%) or more of the students are eligible for free or reduced-price meals. Each elementary, middle, and high school shall make a breakfast meal available if a student arrives at school on the bus less than fifteen (15) minutes before the first bell rings and shall allow the student at least fifteen (15) minutes to eat the breakfast.
Summer Food Service
The Board shall provide a Federal food service program for students during summer intervention programs that are mandated under Federal law. If the Board determines that it is unable to provide a Federal food service program during the summer, for financial reasons, the Board will communicate that decision to its residents in a manner it determines to be appropriate.
Nutrition Standards
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. The District's food service program shall serve only food items and beverages determined by Food and Nutrition Services to be in compliance with the current USDA Dietary Guidelines for Americans and the USDA Smart Snacks in School nutrition guidelines.
The District's food service program recognizes the importance of good nutrition to each student's educational performance. The program shall operate primarily as a service to students by:
- considering the nutritional value of each food or beverage;
- providing attractive and nutritious meals for students;
- consulting with a dietitian licensed under F.S. 468.509, a dietetic technician registered by the commission on dietetic registration, or a school nutrition specialist certified or credentialed by the school nutrition association.
The Superintendent 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 Superintendent is responsible for implementing the food service program in accordance with the adopted nutrition standards and shall provide a report to the Board at one of its regular meetings, annually, regarding the District’s compliance with the standards.
No food or beverage may be sold on any school premises except in accordance with the standards approved by the Board.
Competitive Food Sales
The District shall serve only nutritious food in compliance with the current USDA Dietary Guidelines for Americans and USDA Smart Snacks in School nutrition guidelines. Foods and beverages in competition with the District's food service program must 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 Brevard Public School Wellness Policy and Procedures and Board Policy 3315 - Student and Staff Wellness.
Meal Charges
Meals sold by the school may be purchased by studentsin accordance with administrative procedures established by the Superintendent.
A periodic review of the food-service accounts shall be made by the Florida Auditor General. Any surplus funds from the National School Lunch Program or the Healthy, Hunger-Free Kids Act of 2010 (P.L. 111-296) shall be used to reduce the cost of the service to students or to purchase cafeteria equipment. Surplus funds from a-la-carte foods may accrue to the food-service program.
Cafeteria purchasesmaybe prepaid into individual food service accounts before meal service begins, paid as they receive meals, or prepaid online at any time.
The only deductions made from prepaid accounts will be for the purchase of meals or other allowable food purchases in the cafeteria.
If a student withdraws or graduates and has a positive account balance, the balance will be transferred to the school lunch hardship fund unless the parent requests a refund with ninety (90) days of the withdrawal/graduation date.
If a student repeatedly comes to school with no lunch and no money for lunch, the Food Service Manager should notify the principal as this may be a sign of abuse or neglect and proper authorities may be contacted.
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. 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 C.F.R.210.9(b) (17) and 7 C.F.R.210.15(b).
Negative Account Balances
Parents will be initially notified by phone call, email or text of a negative balance in their student’s account every week. Negative balances are expected to be corrected upon the notification by District personnel. The Food and Nutrition Services department will be responsible for making this initial notification to parents.
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.
Students may be permitted to accumulate negative food service account balance not to exceed an amount equal to the price of two (2) regular reimbursable meals. A studentshall not bepermitted to purchase a la carte items without sufficient account balance or cash on hand.
A student who has exceeded the permissible negative balance amount in their account and does not have cash on hand sufficient to purchase a meal will be treated respectfully., The District will make efforts to collect the charges incurred by the students so that the unpaid charges are not classified as bad debt at the end of the school year.
If an elementary student has a significant negative lunch account balance, they shall be provided an alternate meal. The alternate meal shall meet USDA nutritional standards or the Smart Snacks in Schools Regulations so that it qualifies for reimbursement under the National School Lunch/Breakfast Program.
Negative lunch account balances will carry-over from year-to-year until paid in full.
Students who have qualified for free lunches are still responsible for paying off any debt that was incurred prior to qualifying for free lunches.
Modifications Based on Compliant Medical Documentation
An adult student or student's parent requesting special dietary accommodations for a student with a disability that restricts the diet must provide the Medical Statement for Special Dietary Needs signed by a State authorized medical authority, which is a medical professional authorized in the State of Florida to write prescriptions. The request must contain the following information:
- an explanation of how the student’s physical or mental impairment restricts the diet;
- the food(s)/type(s) of foods to be avoided;
- the food(s)/type(s) of foods to be substituted;
- additional pertinent information, if any, that will assist in accommodating the student's needs.
If a Medical Statement for Special Dietary Needs is incomplete, unclear, or lacks sufficient detail, the special dietary accommodation coordinator or food service director shall request that the student or parent/guardian request that the medical authority supplement the response so that a safe meal can be provided.
A special dietary accommodation for a student who has a disability that restricts the student’s diet must be supported by a Medical Statement for Special Dietary Needs, which should be submitted to the Meal Modification Coordinator.
A student with a disability may have an IEP or 504 plan that requires specific instruction, services, or accommodation related to the student’s nutritional needs. If a student’s IEP or 504 plan contains the same information that is required on a Medical Statement for Special Dietary Needs, then it is not necessary to obtain and submit a separate Medical Statement for Special Dietary Needs.
The individual making an initial request for such substitutions must inform the Food Service Director or Meal Modification Coordinator that the student has a disability that restricts the student's diet. The School District will honor the request upon receipt of the required documentation from a State authorized medical authority. If the Meal Modification Coordinator is unable to grant a requested accommodation following receipt of the medical authority's statement, the student or parent shall be provided with an explanation of the basis for the decision. Compliant requests shall be immediately implemented.
Disability Accommodation Grievance Procedure
The following procedure is intended to provide prompt and equitable resolution to any concern or disagreement regarding the food service program's administration of meal modifications made or requested on the basis of a student's disability. None of the procedures described in this policy section shall prevent a student or parent from pursuing a complaint with any State or Federal agency, including the USDA, using the procedures described at the end of this policy or otherwise available under Florida or Federal law.
- If an initial request for accommodation in the form of substituted meals is denied, the student or parent may request review of that decision by theMeal Modification Coordinator and shall provide any communications between the student or parent and food service officials concerning the accommodation request, any documentation provided by a medical authority, and any additional information the student or parent believes is pertinent to the decision. A review of the materials provided and of the initial decision shall be completed and a response provided to the student or parent as soon as practicable following receipt of the request for review. If the initial decision is reversed, including due to additional information provided on review, the dietary accommodations shall be implemented without delay. If the initial decision is affirmedthe decision is final.
- Any other complaint or disagreement with the food service administration concerning implementation of special dietary accommodations based on a student's disability shall be presented to the Meal Modification Coordinator. The student or parent shall specify the nature of the concern and any requested remedy in writing. The Coordinator shall promptly review the grievance and either contact the student or parent for any required clarification of the request or to seek to reach an agreement regarding how to best address the concern. If no agreement is reached, the Coordinator shall make a determination and notify the student or parent in writing as soon as practicable. If the grievance is affirmed in any respect, the Coordinator shall propose a plan for implementing appropriate remedial measures. If the student or parent is dissatisfied with the Coordinator's determination, the student or parent may submit a written request to the Food Service Director for review. The Food Service Director's determination shall be final.
Modification Based on Student/Parental Preference
When a request for a special dietary accommodation is not supported by an authorized Medical Statement for Special Dietary Needs or included in a student’s IEP or 504 plan, the School District cannot provide modified meals that are not in compliance with USDA Child Nutrition Program requirements. However, the Board authorizes the following:
- Fluid Milk Substitution
The School District shall offer a Federally approved milk substitute with a written and signed request from a parent that identifies the reason for the special dietary accommodation. - Religious Reason
The School District shall have no legal obligation to accommodate a student’s or parent’s request for accommodations based on religious requests. However, the District will assist the student in choosing a reimbursable meal through offer versus serve (OVS). - General Dietary Preference
The School District shall have no legal obligation to accommodate a student’s or parent’s general health, nutrition, or food preferences. However, the District will assist the student in choosing a reimbursable meal through offer versus serve (OVS).
Review
Upon receipt of a request for a special dietary accommodation, the Food Service Director or Meal Modification Coordinator shall review the request to ensure it is supported as required by Federal law and Board policy and if not, shall request additional or clarifying information from the student or parent making the request.
Implementation
When the need for a special dietary accommodation is supported by a Medical Statement for Special Dietary Needs signed by a State authorized medical authority, the District will offer a reasonable modification that effectively accommodates the student’s disability. Following USDA Child Nutrition Program regulations, the District may consider factors such as cost and efficiency and is not required to prepare a specific meal, provide a specific brand of food, or provide a meal beyond the meals provided to other students.
For students who have an IEP or 504 plan that requires specific food related accommodations, the District shall provide the accommodation as required by law, seeking clarifying medical information, as necessary.
A special dietary request will be approved and implemented upon submission of a completed authorized Medical Statement.
Student Absence
If a student receiving a special dietary accommodation is absent or does not wish to participate in school lunch on a day an accommodation is planned, the student or parent shall contact the Cafeteria Manager by 9:00 a.m.the same day.
Renewing A Special Dietary Request
An authorized Medical Statement does not need to be updated annually. However, the Meal Modification Coordinator may annually seek clarification or updates on special dietary requests.
Discontinuation of a Special Dietary Request
A special dietary request or part of a request may be discontinued by a parent by submitting the request in writing to the Meal Modification Coordinator or shall be discontinued consistent with the medical authorities recommendation provided with the Medical Statement for Special Dietary Needs.
Lunch Service for Non-Students
In addition to students, lunches sold by the school may be purchased by staff members and invited guests in accordance with administrativeproceduresestablished by the Superintendent. Food Service employees are provided a meal during scheduled work hours in accordance with FNS procedures.
Food Safety Compliance
In accordance with Federal law, the Food and Nutrition Services Department shall take such actions as are necessary to obtain a minimum of two (2) food safety inspections per school year, which are conducted by the State or local governmental agency responsible for food safety inspections. The report of the most recent inspection will be posted in a publicly visible location, and a copy of the report will be available upon request.
Operation of the Food Service Program
With regard to the operation of the school food service program, the Superintendent shall require:
- the maintenance of sanitary, neat premises free from fire and health hazards;
- the preparation of food that complies with Federal food safety regulations;
- the planning and execution of menus in compliance with USDA requirements;
- the purchase of food and supplies in accordance with State and Federal law, USDA regulations, and Board policy; (see Policy 3129, Policy 3214, and Policy 6320)
- complying with food holds and recalls in accordance with USDA regulations;
- the administration, accounting, and disposition of food-service funds pursuant to Federal and State law and USDA regulations;
- the safekeeping and storage of food and food equipment pursuant to State and Federal law and USDA regulations;
- the regular maintenance and replacement of equipment;
- all District employees whose salaries are paid for with USDA funds or non-Federal funds used to meet a match or cost share requirement must comply with the District’s time and effort record-keeping policy (see Policy 6116).
The Superintendent will require that the food service program serve foods in the schools of the District that reinforce the nutrition concepts taught in the classrooms.
Vending Machines
The Board recognizes that student access vending machines can produce revenues which are useful to augment programs and services to students and staff. It will, therefore, authorize their use in District facilities providing that the following conditions are satisfied.
- The installation, servicing, stocking, and maintenance of each machine is contracted with a reputable supplier of vending machines and their products.
- All student access vending machines are controlled and monitored by the Food and Nutrition Services Department.
- No products are vended which would conflict with or contradict information or procedures contained in the District's educational programs on health and nutrition.
- No food or beverages are to be sold or distributed which will compete with the District's food-service program.
- Food items and beveragesavailable for sale to studentsin vending machines for consumption on campus shall comply with the current USDA Dietary Guidelines for Americans and the USDA Smart Snacks in Schools regulations and applicable State law.
In accordance with the nutritional standards adopted by the Board, the placement of vending machines in any classroom where students are provided instruction unless the classroom is also used to serve meals to students is prohibited.
Nondiscrimination Statement
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender status, sexual orientation, or gender identity), disability (including HIV, AIDS, or sickle cell trait), pregnancy, age (except as authorized by law), religion, military status, ancestry, or genetic information (collectively, "protected classes") or reprisal or retaliation for prior civil rights activity. The District's nondiscrimination statement below is complementary to the District's nondiscrimination policies, including Policy 2260 - Nondiscrimination and Access to Equal Opportunity and Policy 1422/Policy 3122/Policy 4122 - Nondiscrimination and Equal Employment Opportunity.
Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf or https://dpi.wi.gov/sites/default/files/imce/school-nutrition/pdf/sfa-civil-rights-complaints-procedure-template.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted 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; or - Fax:
(833) 256-1665 or (202) 690-7442; or - E-mail:
program.intake@usda.gov.
This institution is an equal opportunity provider.
Revised 4/10/07
Revised 11/16/10
Revised 7/22/14
Revised 8/24/21
Reviewed 3/12/24
Revised 4/22/25
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