{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/22.1-207.4_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/22.1-207.4_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/22.1-207.4_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/22.1-207.4_2.html"}],"law_id":354403,"edition_id":2,"section_id":354403,"structure_id":50706,"section_number":"22.1-207.4:2","catch_line":"Participation in the Afterschool Meal Program","history":"2021, Sp. Sess. I, c. 292.","full_text":"A\n\nAs used in this section:\n\t\t\t“At-risk afterschool care center” includes locations that offer educational or enrichment activities to children or teenagers, including schools, community centers, and libraries, approved by the Department to operate the Program.\n\n\t\t\t“Program” means the Afterschool Meal Program administered by the U.S. Department of Agriculture Food and Nutrition Service (FNS) Child and Adult Care Food Program (CACFP).\n\nB\n\nEach school board that governs a local school division that contains any public elementary or secondary school that has a student population that qualifies for free and reduced-price meals at a minimum percentage of 50 percent in the prior school year and simultaneously offers educational or enrichment activities and is consequently eligible to participate in the Program shall apply to the Department to participate in the Program for each such school to subsequently and simultaneously serve federally reimbursable meals and offer an afterschool education or enrichment program, pursuant to FNS guidelines and state health and safety standards. The Department shall administer the Program on behalf of the U.S. Department of Agriculture and shall conduct the processes for application to the Program, approval for participation in the Program, and monitoring of schools participating in the Program.\n\nC\n\nNothing in this section shall be construed to prohibit any school in the local school division from applying to the Department to participate in the Program if that school offers afterschool programs that:\n\n1\n\nProvide organized and regularly scheduled afterschool activities for children after school or on the weekends, holidays, or breaks during the regular school year;\n\n2\n\nInclude educational or enrichment activities such as arts and crafts, computer lessons, or homework assistance; and\n\n3\n\nAre located in an area that meets eligibility requirements for participation in the Program, pursuant to FNS guidelines.\n\nD\n\nNothing in this section shall be construed to prohibit any school in the local school division from partnering with agencies or organizations that participate in the Program, which partnership may include sponsoring at-risk afterschool care centers that operate at the school or at a location outside of the school and that already participate in the Program, to satisfy the requirements set forth in subsection B.\n\nE\n\nAny school may contact the Department for assistance in determining if a school or an afterschool program meets the requirements for eligibility to participate in the Program.\n\nF\n\nThe Superintendent of Public Instruction shall issue a waiver to the requirement set forth in subsection B in the sole circumstance that an evaluation of a school or group of schools that is eligible to participate in the Program determines that participation in the program is not financially viable to such school or group of schools. The Department shall develop a process and criteria for considering such waivers, including a process and criteria for conducting such Program evaluations.\n\n","order_by":null,"text":{"0":{"id":1319231,"text":"As used in this section:\n\t\t\t“At-risk afterschool care center” includes locations that offer educational or enrichment activities to children or teenagers, including schools, community centers, and libraries, approved by the Department to operate the Program.\t\t\t“Program” means the Afterschool Meal Program administered by the U.S. Department of Agriculture Food and Nutrition Service (FNS) Child and Adult Care Food Program (CACFP).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1319232,"text":"Each school board that governs a local school division that contains any public elementary or secondary school that has a student population that qualifies for free and reduced-price meals at a minimum percentage of 50 percent in the prior school year and simultaneously offers educational or enrichment activities and is consequently eligible to participate in the Program shall apply to the Department to participate in the Program for each such school to subsequently and simultaneously serve federally reimbursable meals and offer an afterschool education or enrichment program, pursuant to FNS guidelines and state health and safety standards. The Department shall administer the Program on behalf of the U.S. Department of Agriculture and shall conduct the processes for application to the Program, approval for participation in the Program, and monitoring of schools participating in the Program.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1319233,"text":"Nothing in this section shall be construed to prohibit any school in the local school division from applying to the Department to participate in the Program if that school offers afterschool programs that:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":1319234,"text":"Provide organized and regularly scheduled afterschool activities for children after school or on the weekends, holidays, or breaks during the regular school year;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":1319235,"text":"Include educational or enrichment activities such as arts and crafts, computer lessons, or homework assistance; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":1319236,"text":"Are located in an area that meets eligibility requirements for participation in the Program, pursuant to FNS guidelines.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":1319237,"text":"Nothing in this section shall be construed to prohibit any school in the local school division from partnering with agencies or organizations that participate in the Program, which partnership may include sponsoring at-risk afterschool care centers that operate at the school or at a location outside of the school and that already participate in the Program, to satisfy the requirements set forth in subsection B.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"7":{"id":1319238,"text":"Any school may contact the Department for assistance in determining if a school or an afterschool program meets the requirements for eligibility to participate in the Program.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":1319239,"text":"The Superintendent of Public Instruction shall issue a waiver to the requirement set forth in subsection B in the sole circumstance that an evaluation of a school or group of schools that is eligible to participate in the Program determines that participation in the program is not financially viable to such school or group of schools. The Department shall develop a process and criteria for considering such waivers, including a process and criteria for conducting such Program evaluations.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":50706,"edition_id":2,"name":"Programs and Courses of Instruction Generally","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":50705,"metadata":{"child_laws":84,"child_structures":0},"date_created":"2026-08-02 02:31:46","date_modified":"2026-08-02 12:31:03","permalink":{"id":1408373,"object_type":"structure","relational_id":50706,"identifier":"1","token":"22.1\/13\/1","url":"\/22.1\/13\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50705,"edition_id":2,"name":"Programs, Courses of Instruction and Textbooks","identifier":"13","label":"chapter","depth":2,"order_by":14,"parent_id":50682,"metadata":{"child_laws":172,"child_structures":13},"date_created":"2026-08-02 02:31:46","date_modified":"2026-08-02 12:31:03","permalink":{"id":1408371,"object_type":"structure","relational_id":50705,"identifier":"13","token":"22.1\/13","url":"\/22.1\/13\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50682,"edition_id":2,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":60,"parent_id":null,"metadata":{"child_laws":858,"child_structures":99},"date_created":"2026-08-02 02:31:28","date_modified":"2026-08-02 12:30:57","permalink":{"id":1407951,"object_type":"structure","relational_id":50682,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":354359,"structure_id":50706,"section_number":"22.1-199","catch_line":"Kindergarten programs suitable for certain children","url":"\/22.1-199\/","token":"22.1\/13\/1\/22.1-199","metadata":{"court_decisions":{"0":{"name":"Forest Hills Early Learning Center, Inc. v. Lukhard","case_number":"Civ. A. 80-0116-R","citation":"661 F. Supp. 300","date":"1987-05-15","url":"https:\/\/www.courtlistener.com\/opinion\/2373274\/forest-hills-early-learning-center-inc-v-lukhard\/","abstract":" .\u202f.\u202f. 661 F.Supp. 300 (1987) .\u202f.\u202f. ","court_html":"District Court, E.D. 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A.<\/span> As used in this section:\n\t\t\t“At-risk afterschool care center<\/span>” includes locations that offer educational or enrichment activities to children or teenagers, including schools, community centers, and libraries, approved by the Department<\/span> to operate the Program<\/span>.

\t\t\t“Program<\/span>” means the Afterschool Meal Program<\/span> administered by the U.S. Department<\/span> of Agriculture Food and Nutrition Service (FNS) Child and Adult Care Food Program<\/span> (CACFP). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Each school board<\/span> that governs a local school division that contains any public elementary<\/span> or secondary school that has a student population that qualifies for free and reduced-price meals at a minimum percentage of 50 percent in the prior school year and simultaneously offers educational or enrichment activities and is consequently eligible to participate in the Program<\/span> shall apply to the Department<\/span> to participate in the Program<\/span> for each such school to subsequently and simultaneously serve federally reimbursable meals and offer an afterschool education or enrichment program<\/span>, pursuant to FNS guidelines and state health and safety standards. The Department<\/span> shall administer the Program<\/span> on behalf of the U.S. Department<\/span> of Agriculture and shall conduct the processes for application to the Program<\/span>, approval for participation in the Program<\/span>, and monitoring of schools participating in the Program<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this section shall be construed to prohibit any school in the local school division from applying to the Department<\/span> to participate in the Program<\/span> if that school offers afterschool programs<\/span> that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Provide organized and regularly scheduled afterschool activities for children after school or on the weekends, holidays, or breaks during the regular school year; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Include educational or enrichment activities such as arts and crafts, computer lessons, or homework assistance; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Are located in an area that meets eligibility requirements for participation in the Program<\/span>, pursuant to FNS guidelines. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall be construed to prohibit any school in the local school division from partnering with agencies or organizations that participate in the Program<\/span>, which partnership may include sponsoring at-risk afterschool care centers<\/span> that operate at the school or at a location outside of the school and that already participate in the Program<\/span>, to satisfy the requirements set forth in subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any school may contact the Department<\/span> for assistance in determining if a school or an afterschool program<\/span> meets the requirements for eligibility to participate in the Program<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Superintendent<\/span> of Public Instruction shall issue<\/span> a waiver<\/span> to the requirement set forth in subsection B in the sole circumstance that an evaluation of a school or group of schools that is eligible to participate in the Program<\/span> determines that participation in the program<\/span> is not financially viable to such school or group of schools. The Department<\/span> shall develop a process and criteria for considering such waivers<\/span>, including a process and criteria for conducting such Program<\/span> evaluations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPARTICIPATION IN THE AFTERSCHOOL MEAL PROGRAM (\u00a7 22.1-207.4:2)\n\nA. As used in this section:\n\t\t\t“At-risk afterschool care center” includes locations that offer\neducational or enrichment activities to children or teenagers, including\nschools, community centers, and libraries, approved by the Department to operate\nthe Program.\t\t\t“Program” means the Afterschool Meal Program\nadministered by the U.S. Department of Agriculture Food and Nutrition Service\n(FNS) Child and Adult Care Food Program (CACFP).\n\nB. Each school board that governs a local school division that contains any\npublic elementary or secondary school that has a student population that\nqualifies for free and reduced-price meals at a minimum percentage of 50 percent\nin the prior school year and simultaneously offers educational or enrichment\nactivities and is consequently eligible to participate in the Program shall\napply to the Department to participate in the Program for each such school to\nsubsequently and simultaneously serve federally reimbursable meals and offer an\nafterschool education or enrichment program, pursuant to FNS guidelines and\nstate health and safety standards. The Department shall administer the Program\non behalf of the U.S. Department of Agriculture and shall conduct the processes\nfor application to the Program, approval for participation in the Program, and\nmonitoring of schools participating in the Program.\n\nC. Nothing in this section shall be construed to prohibit any school in the\nlocal school division from applying to the Department to participate in the\nProgram if that school offers afterschool programs that:\n\n 1. Provide organized and regularly scheduled afterschool activities for\n children after school or on the weekends, holidays, or breaks during the\n regular school year;\n\n 2. Include educational or enrichment activities such as arts and crafts,\n computer lessons, or homework assistance; and\n\n 3. Are located in an area that meets eligibility requirements for\n participation in the Program, pursuant to FNS guidelines.\n\nD. Nothing in this section shall be construed to prohibit any school in the\nlocal school division from partnering with agencies or organizations that\nparticipate in the Program, which partnership may include sponsoring at-risk\nafterschool care centers that operate at the school or at a location outside of\nthe school and that already participate in the Program, to satisfy the\nrequirements set forth in subsection B.\n\nE. Any school may contact the Department for assistance in determining if a\nschool or an afterschool program meets the requirements for eligibility to\nparticipate in the Program.\n\nF. The Superintendent of Public Instruction shall issue a waiver to the\nrequirement set forth in subsection B in the sole circumstance that an\nevaluation of a school or group of schools that is eligible to participate in\nthe Program determines that participation in the program is not financially\nviable to such school or group of schools. The Department shall develop a\nprocess and criteria for considering such waivers, including a process and\ncriteria for conducting such Program evaluations.\n\nHISTORY: 2021, Sp. Sess. I, c. 292.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}