Board approves revised National School Lunch Program agreement after legal change

The Derby Board of Education approved a revised National School Lunch Program (NSLP) agreement 6-1 July 7 after a legal review and a short executive-session deliberation.

"To conform the agreement with Kansas and Napco, the 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, regulation, or order, that such provision shall be deemed to be amended to conform," board attorney Calvin Reiter told the board, recommending the insertion to ensure the district would not be contractually bound to language that conflicts with higher law.

Board members debated the change. One trustee said she had worked on the contract for several weeks and would register a protest vote because she believed the contract remained flawed; other trustees and staff said the recommended revision should resolve the legal concern and allow the district to submit the agreement and avoid funding delays. Finance staff warned that without a signed agreement, federal child nutrition funding could be delayed beyond the usual August drawdown.

After Reiter's recommended modification a motion to approve the agreement as revised passed 6-1.

Staff said the district would submit the revised agreement promptly and continue monitoring whether the state or federal agencies request further changes.