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Board approves revised National School Lunch Program agreement after attorney edits; one trustee votes no
Summary
The board approved the district's National School Lunch Program agreement, amended on legal advice to conform with state and federal law; the vote was 6-1 after a trustee said she was voting in protest over contract language.
The Derby Board of Education voted 6-1 July 7 to adopt a revised National School Lunch Program (NSLP) agreement after the district's attorney recommended language to ensure the document conforms with applicable federal or state law.
Martha Lawson presented the NSLP agreement and said the document covers the district's child nutrition programs, including school breakfast, lunch, after-school snack, the fresh fruit and vegetable program, and summer food service. Calvin Reiter, the board attorney, recommended adding a provision that any term of the agreement that would conflict with federal or other applicable law should be amended to conform to that law; Reiter said the change would align the agreement with Kansas and federal requirements.
"To conform the agreement with Kansas NAPCOB law, I recommend that a provision be added to the agreement that states that if any provision ... is prohibited by federal or other applicable law, that such provision shall be deemed to be amended to conform," Reiter said.
One trustee said she had worked on the issue for weeks and believed the agreement contained a substantive error; she said she would register a protest vote because she thought the contract language was wrong but did not want to withhold funds from students. After discussion the board moved to approve the agreement as revised by the board attorney; the motion passed 6-1.
District staff said modifications would be made tonight to bring the document into compliance for signature so the district can receive federal reimbursements on schedule. Finance staff warned that without a signed agreement funding could be delayed; the board attorney said the recommended amendment should protect the district legally and that if state reviewers accept the revised language the district would retain the funding.
The board directed the administration and legal counsel to submit the revised NSLP agreement and to continue monitoring state and federal guidance on contract language.
Votes: motion to approve the NSLP agreement as revised passed 6-1.
