United States Department of Agriculture
Food and Nutrition Service
Southeast Region
Policy Memorandum 250.3-01: Eligibility of Residential Child Care Institutions (RCCIs) and Correctional Institutions (CIs) to Participate in School Nutrition Programs
This memorandum is a restatement of policy previously issued as Food Distribution Policy Memoranda 86-4 on December 19, 1985, and 88-1 on November 10, 1987. Any changes made to the original texts are in bold.
In order for an institution to participate in the School Nutrition Programs as an RCCI, the institution must be: residential; operate principally for the care of children; if private, nonprofit, be licensed as a child care facility.
Residential
The primary basis for eligibility of an institution to participate is its residential status; however, any children under the age of 21 chronological years which participate in the institution’s program may receive full program benefits under the School Nutrition Programs regardless of whether or not they reside at the institution.
Operate Principally for the Care of Children
Any institution or distinct part thereof which operates principally for the care of children but also has adults in residence is eligible to participate. Adults may receive meals and milk served under the School Nutrition Programs, but no reimbursement may be claimed for such meals and milk. Only meals and milk served to children may be claimed for reimbursement. In an institution, a “child” is defined as a person under 21 chronological years of age.
If an institution primarily serves and cares for adults, the regulations have been written to allow these types of institutions to participate if the residing children are located in a distinct part of the institution designated primarily for the care of children. In determining whether an institution is primarily for children, officials should review the institutional charter and purpose as well as past operating experience to determine eligibility. Another indicator is the population of the institution. If the majority of the population is age 21 and older and the children are not located in a distinct part of the institution, it would not appear that the institution is operating principally for the care of children. Thus the institution should not be classified as an RCCI.
Private Nonprofit, Licensed
Under the National School Lunch Act, a “nonprofit private school” is defined as “any private school exempt from income tax under Section 501(c)(3) of the Internal Revenue Code of 1954.” This eligibility for participation is conditioned upon nonprofit status. Verification of this status must be received by the IRS prior to its participation. Unlike the Child Care Food Program, there is no provision for an interim status such as “moving toward” in the National School Lunch Program. A private institution must obtain a license from the appropriate State licensing office. Again, the license must be in place and current prior to participation.
Please note that some institutions have been recognized by the State education officials as part of the educational system and are thus considered to be a school. If an institution does not meet the criteria of an RCCI, the State approving official can request them to provide documentation that they are recognized as a school and may participate as such.
Correctional Institutions
In general, it has been the long standing policy of the Food and Nutrition Service (FNS) that residential institutions housing both children and adults are eligible to participate in the school nutrition programs only (1) when the institution is designed and operated principally for the care of children; or (2) when the institution has a distinct or separate wing or identifiable area principally for the care of children. In accordance with Part 250.3 of the regulations which defines “school,” it has been determined that the fact that an institution maintains children (persons under 21 years of age) in residence, does not necessarily qualify the institution to participate in the National School Lunch Program.
FNS has not made any attempts to establish National standards, quotas, or adult/child ratios in defining “principally for the care of children.” This determination has been left to the discretion of State and local officials. Clearly, most CIs are not established principally for the care of children. While many of these institutions may have some inmates under 21 years of age, the majority of CIs were established to incarcerate adult offenders; therefore, in determining whether the institution is principally for youthful offenders, State and local officials should review the institution’s charter and purpose as well as past operating experience.
Correctional facilities that house both adults and children, but do not physically segregate the children from the adults, are not eligible to participate as RCCIs.
Applications for participation should include questions which will provide sufficient data to allow the State agency approving official to determine whether an institution meets the criteria of an RCCI, a school, or to determine that the facility is ineligible.