As a follow-up to our December 1994 advisory memo to the regions which stated that this issue would be addressed in more detail in the future, this memo changes the existing FSMC reporting requirements policy to allow exception reporting by all state agencies.

This Instruction prohibits the denial of meals and milk as a disciplinary action against any child who is enrolled in a school participating in the child nutrition programs. Such denial of meals or milk is inconsistent with Section 2 and 9 of the National School Lunch Act and Sections 2,3, and 4 of the Child Nutrition Act of 1966.

Program regulations require administering agencies (state educational, alternate or distributing agencies, or Food and Nutrition regional offices) to enter into written agreements with school food authorities or sponsoring organizations of child care facilities or summer sites which desire to participate in one or more of the Department's child nutrition programs.