Section 67-21-05-05 - ApplicationApplication forms are available at the Department of Public Instruction, 600 East Boulevard Avenue, Department 201, Bismarck, North Dakota 58505-0440. The application forms include:
1. Program agreement that includes: a. Identification of the program or programs the local agency wants to participate in;b. Verification the local agencies will comply with title VI of the Civil Rights Act of 1964 [ Pub. L. 88-352 ] and all requirements imposed by the regulations of the United States department of agriculture [7 CFR part 15], department of justice [28 CFR parts 42 and 50] and food and nutrition directives or regulations issued pursuant to that Act and the regulations, to the effect that, no person in the United States, on the ground of race, color, national origin, sex, age, or disability, may be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the program applicant received federal financial assistance from the United States department of agriculture; and hereby gives assurance it immediately will take any measures necessary to fulfill this agreement. Signature by an authorized representative of the local agency serves as verification; andc. The local agencies agree to compile data, maintain records, and submit reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized United States department of agriculture personnel during hours of program operation to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the United States department of agriculture food and nutrition services may seek judicial enforcement of this assurance. This assurance is binding on the program applicant, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from the United States department of agriculture. Signature by an authorized representative of the local agency serves as verification. Such records must be maintained for three years after the end of the fiscal year to which they pertain.2. Renewal agreement. This document is presented annually to the local agency by the state agency for any appropriate revisions. Forms and information are forwarded to the local agency in April and must be returned for approval and renewal before the start of the program. The renewal documentation includes: a. A site information sheet.b. Documentation supporting the eligibility of the site as serving an area in which poor economic conditions exist, if not a camp or a homeless feeding site.c. For camps, documentation showing the number of children enrolled who meet the program's income standards.d. With site information for a homeless feeding site, information to demonstrate that the site is not a residential child care institution.e. For national youth sports program sites, a certification that all children are enrolled in the national youth sports program.f. Information to enable the department of public instruction to determine whether the applicant meets the criteria for participation in the program as set forth in 7 CFR 225.14, the extent of program payments needed including a request for advance and startup payments, and, if applicable, a staffing and monitoring plan.g. A complete administrative and operating budget for approval by the department of public instruction.h. A plan for and a synopsis of its invitation to bid for food service, if required.3. A free meal policy statement as defined in 7 CFR 225.6.N.D. Admin Code 67-21-05-05
Effective February 1, 2000.Amended by Administrative Rules Supplement 375, January 2020, effective 1/1/2020.General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 225.6