February 9, 2010

TO: Sponsors of the National School Lunch and School Breakfast Programs

RE: Determining Eligibility of Haitian Refugees

The Oregon Department of Education Child Nutrition Programs recently received guidance from USDA concerning the eligibility of children who were evacuated to the United States as a result of the earthquake in Haiti.

The National School Lunch Program (NSLP) and School Breakfast Program (SBP) do not require lawful presence in the United States prior to receiving a federal benefit and refugee children are eligible for meal benefits if they enroll in a participating school or institution.

Determining Eligibility for NSLP/SBP
Sponsors for free and reduced price meal eligibility should contact the homeless liaison to determine if these children are considered homeless under the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.). If these children have been determined homeless by the liaison, they are categorically eligible for free meals under the NSLP and SBP and are eligible for the school year and for the first 30 operating days in the next school year.

Households may also submit applications and on a case by case basis, school officials may submit an application on behalf of a child. Refer to Part 3, Section J of the Eligibility Manual for School Meals, January 2008 edition, for additional information.

Determining Eligibility for Host Families
A child or family may temporarily reside with another household and still be considered homeless under the McKinney-Vento Homeless Assistance Act. In these cases, the household size and income of the host family is not taken into consideration in determining the free meal eligibility for the child(ren) designated as homeless.

Additionally, when a host family applies for free and reduced price meals for their own children, the host family may include the homeless family as household members if the host family provides financial support to the homeless family, such as shelter, utilities, clothing or food. In such cases, the host family must also include any income received by the homeless family. The sponsor determines eligibility for the host family in the traditional manner. However, free meal eligibility for the homeless child is based on the documentation provided by the homeless liaison or other source, even when the child is included on the host family’s free and reduced price meal application.

Part 5, Section E of the Eligibility Manual provides information about certifying homeless children.

If you have questions regarding the status of Haitian refugees, please contact your assigned specialist.

Sincerely,

Heidi Dupuis
Manager, School Nutrition
Child Nutrition Programs
Office of the Superintendent