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B-176994 1 (1976-02-12)

handle is hein.gao/gaobaddgl0001 and id is 1 raw text is: S\,THE CO, riPTROLLEP R -ENT:RAL M ~ ~ ~ ~ ) E D13F0Ni r THI2 UNITED S T P.TrS WASHINGTON, D.C. 20548 ~go' FILE: 9176994 DATE: FEB 12 1976 9fg;9J AATTER OF: Chicago (Illinois) Association for Retarded Children; Reimbursement under Special Food Service Program for children. DIGEST: Regulation stating that reimbursement for free meals provided to needy children under section 13 of the National School Lunch Act, as amended, 42 U.S.C. 1761, may extend only through calendar month preceding month in which program agreement is executed was issued pursuant to statute and may not be waived so as to permit reimbursement for prior months except in ex- ceptional circumstances. See 53 Comp. Gen. 364 (1973). The Department of Agriculture (DOA) has requested our advice regarding, its proposal to settle a claim by the Chica-o (Illinois) Association for Retarded Children for retroactive reimbursemrent for expzanses incutred in conducting a Special Food services Progr7a1 for day care centers over the period fromi July 1, 1974 through FIebruary 1975. The Chicago Association for Retarded Children has been a par- ticipant for 5 years in a Special Food Service Program authorized under Section 13 of the National School Lunch Act, as amended, 42 U.S.C. § 1761 (1970). The Illinois Department of Education administers the program within the State of Illinois. The regulations governing the program, published in part 225, Title 7, Code of Federal Regulations (C.F.R.), require that crganizctions apply annually for participation in the program (7 C.F.R. i 225.7(b)). Paym1aents may be made to serv- i&e: organizations operating under an agreement with the State agency or the DOA, as applicable, only after execution of the program agree- ment and may include reimbursement for meals served in the calendar month preceding the calendar month in which the agreement is executed. 7 C.F.R. § 225.11 (1975). The claimant's completed application for fiscal year 1975 was not submitted until April 1975 and not approved by the State agency until May 1975. As a result of the late com- pletion of the application, the Association was advised that its claims for reimbursement would be paid starting with the claim for March 1975. The Association now seeks payment of its claims retro- active to July 1, 1974. DOA recommends approval. It appears from the record that the State of Illinois established a two-tiered administrative structure for the control of the program We

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