                                 CODE OF VIRGINIA

PARTICIPATION IN THE COMMUNITY ELIGIBILITY PROVISION (§ 22.1-207.4:1)

A. As used in this section:
			&#8220;Identified student&#8221; means any student who is directly certified
for free meals through means other than the use of an individual household
application.
			&#8220;Identified student&#8221; includes (i) any student who is directly
certified for free meals based on the student&#8217;s participation in the
Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for
Needy Families (TANF) or based on Medicaid income data and (ii) any homeless,
runaway, migrant, or Head Start student, or any foster child, who is approved as
categorically eligible for free meals by means other than a meal application.
			&#8220;Identified student percentage&#8221; means the fraction, expressed as
a percentage, that results from dividing the number of identified students
enrolled in a public elementary or secondary school by the total number of
students enrolled in such school.

B. Each school board that governs a local school division that contains any
public elementary or secondary school that has a minimum identified student
percentage of 40 percent in the prior school year and is consequently eligible
to participate in the Community Eligibility Provision (CEP) administered by the
U.S. Department of Agriculture Food and Nutrition Service (FNS) shall apply to
FNS to participate in CEP for each such school, pursuant to FNS guidelines, by
submitting (i) identified student data to FNS by April 1, unless an extension is
in effect and (ii) its completed application to FNS by June 30, unless an
extension is in effect.

C. Nothing in this section shall be construed to prohibit any school board from
grouping elementary or secondary schools in the local school division and
applying to FNS to participate in CEP for such group of schools.

D. The Superintendent for Public Instruction shall issue a waiver to the
requirement set forth in subsection B in the sole circumstance that an
evaluation of a school or group of schools that is eligible to participate in
CEP determines that participation in CEP is not financially viable to such
school or group of schools. The Department of Education shall develop a process
and criteria for considering such waivers, including a process and criteria for
conducting such CEP evaluations.

HISTORY: 2020, Sp. Sess. I, c. 2.