As described in our Reauthorization Implementation Memo SP 4, Categorical Eligibility for Free Lunches and Breakfasts of Runaway, Homeless, and Migrant Youth, runaway youth served through grant programs established under the Runaway and Homeless Youth Act are now categorically eligible for free meals in the National School Lunch and School Breakfast Programs.
The categories of noncitizens eligible to participate in the Food Stamp Program under the Trafficking Victims Protection Act of 2000 have been expanded to include the minor children, spouses and in some cases the parents and siblings of victims of severe trafficking.
This memorandum supplements our Reauthorization Implementation Memo SP 4 by providing additional information on identifying migrant children and on the procedures that school food authorities and local education agencies should use to coordinate with the Migrant Education Program in order to document the categorical eligibility of migrant children for free meals.
Section 107 of the Child Nutrition and WIC Reauthorization Act of 2004 amended the Richard B. Russell National School Lunch Act to make runaway, homeless and migrant children categorically eligible for free meal benefits under the National School Lunch and School Breakfast Programs and is effective July 1, 2004.
Several provisions in this law affect the administration of CACFP. We intend to publish regulations to implement these provisions as soon as possible. However, except as noted below, these provisions must be implemented in accordance with the statutory effective date. This memorandum provides guidance for state agencies to use until final rules are published.
This memorandum attempts to answer specific questions raised about CACFP providers incorporating their day care home operations under the laws of their respective states and the effect incorporation has on program participation.