Disclosure of Sensitive Information
The restrictions on the disclosure of sensitive information collected through the Child Nutrition Programs have been changed as of May 24, 2019.
Generally, LEAs may disclose individual student information only to those persons, including organizations, specifically authorized by the Richard B. Russell National School Lunch Act (NSLA) to have access to children’s eligibility information. The disclosure of individual student eligibility information for purposes other than establishing eligibility for school meals generally is not permitted without parental consent.
The chart below details programs, information that can be disclosed, and the requirement for consent and notice to parents for release of information.
|Recipient of Information||
Information that May be Disclosed
|Requirement for Consent and Release|
|Programs under the NSLA: National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, Summer Food Service Program, Food Distribution Program on Indian Reservations, Special Milk Program, Commodity Supplemental Food Program, The Emergency Food Assistance Program, Supplemental Nutrition Assistance Program, and the Special Supplemental Program for Women, Infants, and Children.||All eligibility information||Prior notice and consent not required|
|Federal, state or local means tested nutrition programs with eligibility standards comparable to the NSLP||Name and eligibility status only||Prior notice and consent not required|
|Federal education programs||Name and eligibility status only||Prior notice and consent not required|
|State education program administered by a state agency or LEA||Name and eligibility status only||Prior notice and consent not required|
|Local education programs||No eligibility information unless parental or guardian consent is obtained||Parental or guardian consent|
|Medicaid or Children’s Health Insurance Program (CHIP) or Family Access to Medical Insurance Security (FAMIS) administered by a state agency or local agency to identify and enroll children||All eligibility information unless the parent or guardian elect not to have the information disclosed||Must give parents and guardians prior notice and an opportunity to decline to have their information disclosed|
|State health programs other than Medicaid or CHIP (FAMIS), administered by a State agency or LEA||Name and eligibility status only||Prior consent not required|
|Federal health programs other than CHIP or Medicaid||No eligibility information unless parents or guardians elect not to have information disclosed||Parental or guardian consent|
|Local health and education programs (dental programs, athletic/activity fees, instructional fees, free textbooks, etc.)||No eligibility information, unless parental or guardian consent is obtained||Parental or guardian consent|
|Comptroller General for the purposes of audit or administration||All eligibility information||Prior notice and consent not required|
|Federal, State, or local law enforcement officials investigating alleged violations of any programs under the NSLA or other violations of the programs that are authorized to have access to names and eligibility status||All eligibility information||Prior notice and consent not required|