Subpart CSponsor and Site Provisions. Requirements for sponsor participation.
(a) Applications. Sponsors shall make written application to the State agency to participate in the Program. Such application shall be made on a timely basis in accordance with the requirements of Section 225.6(b)(1). Sponsors proposing to operate a site during an unanticipated school closure during the period from October through April (or at any time of the year in an area with a continuous school calendar) may be exempt, at the discretion of the State agency, from submitting a new application if they have participated in the program at any time during the current year or in either of the prior two calendar years.
(b) Sponsor eligibility. Applicants eligible to sponsor the Program include:
(1) Public or nonprofit private school food authorities;
(2) Public or nonprofit private residential summer camps;
(3) Units of local, municipal, county, or State governments;
(4) Public or private nonprofit colleges or universities which are currently participating in the National Youth Sports Program; and
(5) Private nonprofit organizations as defined in Section 225.2.
(c) General requirements. No applicant sponsor shall be eligible to participate in the Program unless it:
(1) Demonstrates financial and administrative capability for Program operations and accepts final financial and administrative responsibility for total Program operations at all sites at which it proposes to conduct a food service;
(2) Has not been seriously deficient in operating the Program;
(3) Will conduct a regularly scheduled food service for children from areas in which poor economic conditions exist, or qualifies as a camp;
(4) Has adequate supervisory and operational personnel for overall monitoring and management of each site, including adequate personnel to conduct the visits and reviews required in Section Section 225.15(d) (2) and (3);
(5) Provides an ongoing year-round service to the community which it proposes to serve under the Program, except as provided for in Section 225.6(b)(4);
(6) Certifies that all sites have been visited and have the capability and the facilities to provide the meal service planned for the number of children anticipated to be served; and
(7) Enters into a written agreement with the State agency upon approval of its application, as required in Section 225.6(e).
(d) Requirements specific to sponsor types. (1) If the sponsor is a camp, it must certify that it will collect information on participants' eligibility to support its claim for reimbursement.
(2) If the sponsor administers the Program at sites that provide summer school sessions, it must ensure that these sites are open to children enrolled in summer school and to all children residing in the area served by the site.
(3) Sponsors which are units of local, municipal, county or State government, and sponsors which are private nonprofit organizations, will only be approved to administer the Program at sites where they have direct operational control. Operational control means that the sponsor shall be responsible for:
(i) Managing site staff, including the hiring, terminating, and determining conditions of employment for site staff; and
(ii) Exercising management control over Program operations at sites throughout the period of Program participation by performing the functions specified in Section 225.15.
(4) If the sponsor administers homeless feeding sites, it must:
(i) Document that the site is not a residential child-care institution as defined in paragraph (c) of the definition of 'School' contained in Section 210.2 of this chapter;
(ii) Document that the primary purpose of the homeless feeding site is to provide shelter and meals to homeless families; and
(iii) Certify that these sites employ meal counting methods to ensure that reimbursement is claimed only for meals served to homeless and non-homeless children.
(5) If the sponsor administers NYSP sites, it must ensure that all children at these sites are enrolled participants in the NYSP.
(6) If the sponsor is a private nonprofit organization, it must certify that it:
(i) Administers the Program:
(A) At no more than 25 sites, with not more than 300 children being served at any approved meal service at any one site, or
(B) With a waiver granted by the State agency in accordance with Section 225.6(b)(6)(ii), not more than 500 children being served at any approved meal service at any one site;
(ii) Operates in areas where a school food authority has not indicated that it will operate the Program in the current year;
(iii) Exercises full control and authority over the operation of the Program at all sites under its sponsorship;
(iv) Provides ongoing year-round activities for children or families;
(v) Demonstrates that it possesses adequate management and the fiscal capacity to operate the Program; and
(vi) Meets applicable State and local health, safety, and sanitation standards.
[65 FR 50128, Aug. 17, 2000]