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to send students to the private school in that fiscal year, which resolve the district board of education does not require the private school to apply for and receive funding from the Child Nutrition Program (CNP); and/or 5. Both non-profit and profit PSSD may obtain, on an annual basis prior to the start of the fiscal year, school board resolutions from a majority of the school districts that have contracted to send students to the private school in that fiscal year, which resolve the district board of education does not require the private school to charge students for reduced and/or paid meals.

The PSSD are currently in the process of requesting resolutions for the 2007-2008 school year from district boards of education. A PSSD may request from a school district one or both of the above identified board resolutions; however, the PSSD may not require the school district to provide a board resolution(s) as a requirement of the placement of the pupil in the PSSD. In addition, a PSSD may not request and a school district may not provide a board resolution that indicates pupils attending a PSSD have IEP’s that require a free breakfast and/or and lunch. The only mechanism for a PSSD to opt out of the requirements in N.J.A.C. 6A:23-4.5(a)20 is compliance with items #4 and/or #5 above. The decision to provide a resolution to a PSSD regarding items #4 and/or # 5 above is strictly a board of education decision and must not be influenced by a PSSD.

We are currently working on a Question & Answer (Q&A) listing regarding this subject to be posted on the department’s website at http://www.nj.gov/education/finance/fp/psd.shtml. If you have any questions or comments, please email Jim Verner at jim.verner@doe.state.nj.us or call at (609) 984-4229 or email Elise Sadler-Williams at elise.sadler-williams@doe.state.nj.us or call at (609) 777-4483.

KPA/JV/doe code memo cnp-letterhead.doc

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Lucille E. Davy Willa Spicer Jay Doolan Barbara Gantwerk Jacqueline Jones William King Penelope Lattimer Donna Arons Beth Brooks Robert J. Cicchino Roberta Wohle Cecelia Downey Lisa McCormick Judy Vazquez Elise Sadler-Williams Jim Verner LEE Group Garden State Coalition

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