This Memorandum of Agreement is made between the Indiana Department of Education (IDOE) and the School Food Authority (SFA) utilizing this system for the purpose of implementing the direct certification provisions of the Department of Defense Authorization and the Fiscal Year 1987 Continuing Resolution for free meals by families receiving food stamps or Temporary Assistance for Needy Families (TANF). Effective July 1, 1986, these bills uniformly amended section 9 (b) of the National School Lunch Act (42 U.S.C. 1758 (b)) as follows:
(6)(A) A child shall be considered automatically eligible for a free lunch and breakfast under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq), respectively, if the child is a member of:
(I) a household receiving assistance under the food stamp program authorized under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq)...
(6)(B) Proof of receipt of food stamps...shall be sufficient to satisfy any verification requirement imposed under paragraph (2)(C).
II. TERMS OF AGREEMENT
The school corporation agrees to:
D. provide access to this information only to selected school administrators specified by the SFA, for the sole purpose of determining student's eligibility for free meals and textbooks.
E. provide information only to the appropriate organizations regarding other benefits for the purpose in which they are intended.
F. distribute and file the confidential report in a secure manner accessible only to designated, authorized school corporation personnel who shall use student information for the purpose stated in paragraph II (D).
G. not use student eligibility information for instructional purposes, or for any reason other than to facilitate student participation in the free meal program and for free textbooks.
H. maintain documentation in a sufficient manner to be available for a reviewer or auditor to ascertain that the certification of the children as members of a food stamp household or TANF assistance unit.
I. maintain documentation, as described in II (G), retrievable by school.
J. distribute letters/notices and applications to households of all children at the beginning of the school year in a manner that prevents overt identification and to ensure that no child is inadvertently excluded from participation. If the school food authority distributes the parent letter/notice and application through the mail, through individual student packets, or by some other method which prevents the overt identification of children eligible for direct certification then those households eligible under direct certification would not receive the parent letter/notice and application, but would receive a notice of eligibility. Therefore, households will receive either a parent letter with an application form or a letter notifying them that their child(ren) is/are eligible for free meal benefits.
III. AGREEMENT PERIOD
This agreement becomes effective upon full execution and shall remain in effect until terminated by either party upon thirty (30) days written notice. The local school food authority shall maintain documentation of directly certified children for a period of three (3) years after the end of the fiscal year to which they pertain, except that if audit findings have not been resolved the records shall be retained beyond the three (3) year period as long as required for resolution of the issues raised by the audit. This agreement may be modified at any time by the mutual and written agreement of the parties.
The school food authority agrees to indemnify and hold harmless the IDOE from and against any claim or liability arising from any negligent act or omission of the school food authority, its agents, officers, employees, or associates in the performance of this agreement.
V. CERTIFICATION STATEMENT
The representative of the School Food Authority agreeing to these provisions certifies by their acceptance that they are authorized to sign on behalf of the respective school corporation, and that all terms of the Memorandum of Agreement will be adhered to.