The Child Nutrition and WIC Reauthorization Act of 2004 amended sections of the Richard B. Russell National School Lunch Act affecting the eligibility determination process for free and reduced price benefits under the National School Lunch Program, School Breakfast Program and the Special Milk Program for Children.

Effective July 1, 2004, school officials verifying income eligibility for free and reduced price meals must allow households to provide documentation of income for any point in time between the month prior to application and the time the household is required to provide income documentation.

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.

The Child Nutrition and WIC Reauthorization Act of 2004 specifies that households’ eligibility for free and reduced price meals shall remain in effect beginning on the date of eligibility for the current school year and ending on a date during the subsequent school year, as determined by the Secretary.

In accordance with the Child Nutrition and WIC Reauthorization Act of 2004, the housing allowance for military personnel living in privatized housing will be permanently excluded from income when determining household eligibility for free and reduced price meals or free milk in all of the child nutrition programs.

This memorandum extends this categorical eligibility provision to the National School Lunch Program, the School Breakfast Program, the Special Milk Program for Children, and closed enrolled sites in the Summer Food Service Program.

Prior to issuance of a final rule, we are authorizing determining agencies to disclose free and reduced price meal or free milk eligibility information to the extent authorized in the statute.

Occasionally, applications for participation in the School Nutrition Programs may be received from organizations that do not clearly meet the definition of “school.”