Oregon Department of Education
Chapter 581
Division 51
SCHOOL FOOD AND NUTRITION SERVICES
581-051-0530
Responsibilities of the Oregon Department of Education
(1) The Oregon Department of Education shall receive and disburse federal funds made available by acts of Congress for the assistance of public and private nonprofit organizations, including Districts, as defined herein, in providing food services to children and adults according to the provisions of the National School Lunch Program, School Breakfast Program, Special Milk Program, Child and Adult Care Food Program and Summer Food Service Program.
(2) The Department shall not disburse funds to any Sponsor if it finds that such Sponsor is substantially in violation of any provision of these rules or of the Richard B. Russell National School Lunch Act, 42 U.S.C. Sec. 1751 as amended or Child Nutrition Act of 1966, 42 U.S.C. Sec. 1771 as amended. Upon determining that a Sponsor is substantially in violation, the Department shall promptly notify the Sponsors and its retained FSMC, if any, in writing of the determination to withhold funds. The sponsor shall recover funds withheld only after the defect is corrected. The Sponsor shall also have the right to appeal the determination in accordance with the Contested Case Procedures promulgated by the Oregon State Attorney General.
(3) The Department shall annually review all contract documents between Sponsors and FSMCs for conformity to these rules. The Department shall publish a Request for Proposal (RFP) and contract outlining the required general form and language of contract between Sponsors and FSMCs. The use of the department developed RFP and contract, which is attached here to and by this reference incorporated in these rules, by the Sponsor to secure services from an FSMC is mandatory.
(4) The Department shall conduct administrative and nutrition reviews of contracting Sponsors at least once every five years. Such reviews will include an assessment of the Sponsor's compliance with 7 CFR 210.16.
(5) Upon request, the Department may provide technical assistance to Sponsors related to the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, or Summer Food Service Program. Such assistance may include, but is not limited to:
(a) Development of a 21-day cycle menu with food item specifications;
(b) Nutrition monitoring and advising;
(c) Audit of fiscal and other records;
(d) Training of Sponsor Staff;
(e) Coordination with FSMCs; and
(f) Arbitration of disputes over interpretation of a Contract.
(6) Whenever review and approval of an action or document by the Department is required by these rules, the Department shall review and either approve or disapprove promptly. In the event that the Department has neither approved nor disapproved such document or action within 30 days, the document or action shall be deemed to have been approved.
Statutory/Other Authority: ORS 326.051, 7 CFR 210. 219, 220.7(viii)(ix), 7 CFR 225.6(h), 7 CFR 226.6 & 2 CFR 200
History:
ODE 2-2022, minor correction filed 01/10/2022, effective 01/10/2022
ODE 22-2004, f. & cert. ef. 8-10-04
ODE 6-1999, f. & cert. ef. 1-12-99