Policies - Section 2300 » 2321 - (EFAA) Meal Charging

2321 - (EFAA) Meal Charging

 
 
2321 (EFAA) Meal Charging 2321 (EFAA)
 
The Milford School District encourages all parents and guardians (hereinafter "parents")
to provide a healthy breakfast and lunch for their student(s).  Parents are welcome to
send students to school with a "brown bag/lunch box" meal.  The District provides the
opportunity to purchase breakfast and lunch from the school cafeteria.  Each meal
meets or exceeds the federal nutrition standards.  Payment is expected no later than
when the meal is served.  Payment may be in cash, check, or as a debit against funds
deposited into an established student lunch account.  

The school lunch program is required by federal law to operate as a non-profit which
must end each fiscal year without a negative balance.  Uncollected debt must be paid to
the school lunch program from other funds.  Therefore, parents of students required to
pay the full or reduced price for meals must ensure that the school lunch program is
paid for their student's meals.  The District's policy is to quickly escalate efforts to bring
student meal accounts into positive balance, to avoid circumstances where these
accounts build significant debt.   

Student Meal Accounts

The District uses a point-of-sale computerized meal payment system which has an
account for all students.  Parents of students who will be purchasing meals using this
system are required to establish and maintain a positive balance in the student's meal
account.  

Funds may be deposited into a student lunch account by cash, check, or on-line
payment. Cash, or checks made out to the District, should be presented to the Cashier
at the cafeteria, or deposited into the lunch program payment receptacles located in
each building. Checks may also be mailed to Milford Nutrition Services Attn: Food
Services Director, 100 West Street, Milford, NH 03055. The District utilizes the services
of EZSchoolPay http://ezschoolpay.com for on-line payment processing. The use of
checks or on-line payments is encouraged, as each provides a record. Parents are
responsible for any fees charged by the on-line service. In accordance with United
States Department of Agriculture ("USDA") guidance SP 02-2015, there will be no
processing fee for deposits to a student meal account made by cash or check.
 
A fee of $25.00 will be charged to the parents for each check returned for insufficient
funds. In accordance with RSA 358-C:5, notice of the fee charged for a check that is
returned for insufficient funds shall be included in any letter sent to a parent seeking
payment because the student meal account has a negative balance.

Notices to parents will include information on how to verify a student meal account
balance, to resolve concerns regarding the accuracy of the account balance, or to
obtain information on the school meal program, including the name, title, hours when
available, phone number, and e-mail address of an appropriate member of the District
staff.

Parental Restrictions on Use of Student Meal Account

Parents who establish a meal account for their student are responsible for establishing
with their student any restrictions the parent chooses to place on use of the
account. Unless restricted by the parent, a student may purchase a la carte items (only
if student has a positive balance) in addition to the regular meal choices. Some
students purchase more than one meal at one sitting. Parents are responsible for
setting and ensuring compliance with limitations on the use of the student's meal
account. Parents must monitor the student's use of the meal account to ensure that a
sufficient balance is available at all times for their student to charge meals.

The District's policy is to ensure that students have access to healthy meals and that no
student will be subject to different treatment from the standard school meal or school
cafeteria procedures. Therefore, the Milford School District will allow students to
purchase a meal, even if the student's meal account has insufficient funds.
 
Balance Statements

The District will work proactively with parents to maintain a positive balance in their
student's meal account. The Superintendent shall establish a procedure at each school
requiring that a low balance statement be sent to parents whenever the balance in a
student's meal account falls to or below a set amount that approximates the amount
typically necessary to pay for one week of meals.

The notices will be sent by e-mail when practical, otherwise by a note, sealed in an
envelope, and sent home with the student. Only those District staff who have received
training on the confidentiality requirements of federal and state law, including the United
States Department of Agriculture's ("USDA") guidance for school meal programs, and
who have a need to access a child's account balance and eligibility information may
communicate with parents regarding unpaid meal charges.

Notice prior to the account reaching zero is intended to reinforce the requirement that a
positive balance be maintained in the student meal account. If a student meal account
falls into debt, the initial focus will be on resuming payments for meals being consumed
to stop the growth of the debt. The secondary focus will be on restoring the account to
routinely having a positive balance.

The District recognizes that unexpected financial hardships occur and will work with
parents in this circumstance to limit the amount of accumulated debt. To do so, it is
essential that parents respond to notices and cooperate with District staff
efforts. Fairness and equal treatment requires that those able to pay, but who fall
behind, must promptly bring their students’ meal account into a positive balance. The
District's proactive approach is intended to help ensure students have healthy meals
and that parents do not accumulate significant debt to the school meal program.
 
Free or Reduced-Price Meals
 
The District participates in the federally supported program to provide free or reduced-
price meals to students from families whose economic circumstances make paying for
meals difficult. Income guidelines for eligibility are based on family size and are
updated each year by the USDA. The District will ensure parents are informed of the
eligibility requirements and application procedures for free or reduced cost meals as
well as the requirements of this policy.

Parents shall be provided with a copy of this policy and an application for free or
reduced cost meals annually at the start of the school year through a mailing or in the
parents' handbook, upon enrollment of a transfer student during the school year, and as
a component of all emailed notices sent to parents seeking payment to correct a
negative balance in the student meal account. The communication explaining the
availability of the free or reduced-price meals shall include all the elements required by
federal regulation, 7 C.F.R. 245.5. Each notice shall also identify a member of the
District staff, with contact information, who is available to answer questions or assist the
parents with applying for free or reduced-price meals.

As required by the Civil Rights Act of 1964 and USDA guidance, parents with Limited
English Proficiency ("LEP") will be provided with information on this policy and the free
and reduced-price meal program in a language the parents can understand. The
District will utilize USDA, school, and community resources to fulfill this
requirement. This policy and links to application materials for the free or reduced-price
meal program will be posted on the school web site and made available to parents at
each school and accessible to local service agencies who are working with families
confronting layoffs or other financial hardship.

The District will proactively enroll students found to be categorically eligible into the free
or reduced-price meal program. The District will seek to enroll eligible students in the
free or reduced-price meal program upon learning from any source of the student's
potential eligibility. When eligibility is established, the District will apply the earliest
effective date permitted by federal and state law.
 
Students Without Cash in Hand or A Positive Account Balance

Regardless of whether a student has money to pay for a meal or has a negative
balance in the student meal account, a student requesting a meal shall be provided with
a meal from among the choices available to all students. The only exception will be
where the student's parents have provided the District with specific written direction that
the student not be provided with a school lunch program meal, the student has a meal
sent from home, or otherwise has access to an appropriate meal. Under no
circumstances will a student's selected meal be thrown away because of the status of
the student's meal account.
 
It is the parents' responsibility to provide their student with a meal from home or to pay
for school prepared meals. Therefore, the District's policy is to direct communications to
parents about student meal debt. When parents chose to provide meals sent from
home, it is the parents' responsibility to explain to their student the necessity of the
student not using the school meal program.

Initial efforts to contact parents will be by e-mail or phone, however if those efforts are
unsuccessful, letters to parents may be sent home in sealed envelopes with the
student. Where the District has not received a response from the parents or the parents
do not cooperate in resolving negative student meal account balances and the student
continues to use the school meal program, for high school level students, the principal
or designee may communicate directly with the student in a manner that is private and
which does not publicly identify or stigmatize the student.

Should the student's meal account balance fall below zero, a balance statement
requesting immediate payment shall be sent to parents no less than once each week.
If the student's meal account balance debt grows to $100.00 or more, a letter
demanding immediate payment shall be sent by US Mail to the parent, or the parent
shall be contacted by Nutrition Services staff by phone or in person. Where warranted,
Nutrition Services may arrange a payment schedule to address current meal
consumption and arrearages while the school continues to provide the student with
meals.

If the student's meal account debt grows to $200.00 or more, the parents will be
requested to meet with the Food Services Director or Business Administrator. When
appropriate, the Principal, Food Services Director, or Business Administrator should
explore with the parents whether an application for free or reduced-cost meals is
warranted. Where extenuating circumstances of financial hardship exist and the family
is not eligible for free or reduced cost meals, the District will work with the parents to
identify and engage governmental and private charitable resources which are available
to assist the family.

If a student with a negative balance in his or her meal account seeks to purchase a
meal with cash or check, the student will be allowed to do so. There is no requirement
that the funds be applied first to the debt.
 
Unresolved Debt

If the Food Services Director or Business Administrator determines that the best
available information is that the parents are able to pay the expenses of the student's
meals and the parents decline to cooperate with resolving the debt in a timely manner,
the Food Services Director or Business Administrator shall send a letter to the parents
requesting them to have their student bring meals from home and cease utilizing the
school meal program. The student may resume using the school meal program when a
positive account balance is restored in the student's meal account.

If the student continues to use the school meal program, a second letter shall be sent to
the parents using certified mail, return receipt requested.

If parents continue to fail to provide the student with a meal sent from home, continue to
fail to provide funds for their student to use the school lunch program, continue to refuse
to cooperate with reasonable requests by District staff to address the overdue debt, and
the parent is believed to have the ability to pay, the Superintendent may pursue
payment through civil legal action, including filing a claim in small claims court pursuant
to RSA Chapter 503. The Superintendent is delegated authority to assess the likelihood
that civil action will lead to payment, the resources required to pursue collection, and to
pursue such action only when doing so is in the best interest of the District.

At the end of each fiscal year, student meal debt deemed uncollectable must, as a last
resort to fulfill federal requirements, be paid to the school meal program from other
District funds. The parents' debt for unpaid meal charges shall be owed to the Milford
School District.

Applying the policy set forth above, the Superintendent shall determine if further
collection efforts are in the best interest of the District. Any payments collected on debt
that has been offset with District funds, shall be credited to the District. All debt
collection efforts shall comply with RSA Chapter 358-C, New Hampshire's Unfair,
Deceptive or Unreasonable Collection Practices Act.
 
Staff Enforcement of Policy/Training

A copy of this policy and refresher training shall be provided annually to all food service
and school staff responsible for serving student meals or enforcing this policy. New
staff with these responsibilities shall be provided with a written copy of the policy and
training on the policy during their initial training or orientation. In accordance with
federal requirements, a record shall be maintained documenting that new staff receive
the policy and training. The record must also document that all applicable staff receive
a copy of the policy and refresher training annually.

Student with Special Dietary Needs

Nothing in this policy prohibits providing an appropriate meal to a student with special
dietary needs such as, but not limited to, diabetes, provided these needs have been
documented in a health plan, Sec 504, or IEP. If the meal is medically required, and the
student has a negative student meal account balance, or does not have cash to
purchase the meal, the necessary dietary needs will be met.

To request meal accommodations for students whose medically documented dietary
needs qualify them for accommodation under law contact the school(s) nurse’s office
who will work with Nutrition services to address the necessary accommodations. To file
a school meal program complaint with the District, contact the Superintendent’s office at
phone number 603-673-2202.

To file a program complaint of discrimination with the USDA, 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:

(1) Mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;
(2) Fax: (202) 690-7442; or
(3) Email: [email protected].
This Milford School District is an equal opportunity provider.
 
Nondiscrimination

It is the Milford School District's policy that in the operation of child feeding programs, no
child will be discriminated against because of race, sex, color, national origin, age, or
disability. 7 C.F.R. 245.5(a)(1)(viii). Students will not be denied meals due to the
existence of other unpaid charges at the school or for disciplinary reasons.
 
Assessment for Neglect Reporting

If a student who has been determined to be ineligible for free or reduced cost meals or
whose parents have refused to cooperate with filing an application for free or reduced
cost meals is consistently not provided with meals, either through a meal sent from
home or the payment for a meal through the school meal program, the Principal will
assess whether a report of child neglect is warranted to the New Hampshire
Department of Health and Human Services, Division for Children, Youth, & Families, as
required by RSA 169-C:29-31.
 
Legal References

15 U.S.C. § 1692-1695 federal Fair Debt Collection Practices Act  (FDCPA)
42 U.S.C. 1758(b)(6), Use or disclosure of information
Civil Rights Act of 1964 & 7 C.F.R. Part 15, Subpart A & B
2 C.F.R. §200.426
7 C.F.R §210.09
7 C.F.R §210.10
7 C.F.R §210.15
7 C.F.R. §245.5 
USDA SP 46-2016 - No later than July 1, 2017, all SFA's operating the Federal school
meal program are required to have a written meal charge policy.  
USDA Guidance SP37-2016: Meaningful Access for Persons with Limited English
Proficiency (LEP) in the School Meal Programs
RSA 189:11-a
RSA 358-C , New Hampshire's Unfair, Deceptive or Unreasonable Collection Practices Act; 
NH Dept. of Education Technical Advisory - Food and Nutrition Programs
 
 
Adopted: 3/7/22
Revised: 4/20/2026