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Nutrition, Health and Safety Logo

Office for Food and Nutrition Programs

Tier I Area Eligibility for Family Day Care Homes

To:Child and Adult Care Food Program (CACFP) Family Day Care Sponsors
From:Kathleen C. Millet, Executive Director
Office for Nutrition, Health and Safety Programs
Date:January 14, 2011

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The Healthy, Hunger-Free Kids Act of 2010 (the Act), Public Law 111-296, was signed into law by the President on December 13, 2010. Section 121 of the Act amends section 17(f)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)) to allow family and group day care homes to be classified as tier I for purposes of reimbursement under CACFP if the home is located in an area served by any public school in which at least 50 percent of the enrolled children are certified eligible for free and reduced-price school meals according to October NSLP data. Previously, only the enrollment information from the local public elementary school could be used to determine tier I eligibility. This provision is retroactively effective to October 1, 2010.

Attached is the 2010 Area Eligible school list which includes expanded school data, comprising elementary, middle and high schools. Sponsoring organizations are required to re-evaluate the classification of all tier II homes located in the cities and towns on the list. Homes reclassified as tier I using this expanded school data are eligible to receive the higher tier I reimbursement rates for all meals served from October 1, 2010, to the day of reclassification as a tier I home. As always, Tier eligibility by school data is valid for 5 years.

Sponsoring organizations must submit amended claims for reimbursement for October, November, and December 2010 to the Massachusetts Department of Elementary and Secondary Education (ESE) by February 28, 2011. Beginning with the January claim, all claims should be submitted on the normal schedule.

Sponsors should direct any questions concerning this guidance to Anne Marie Mc Donald at 781-338-6492 or amcdoanld@doe.mass.edu.



Last Updated: January 27, 2011
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