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Department of Education

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Appeal Decisions

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If you have questions contact Nicole Proesch, legal counsel for the Department and the State Board,
at 515-281-8661 or
BOOK: 26 
MONTH-YEAR: August - 2012
IN RE: Termination from CACFP
APPELLANT: Amanda Burmeister
APPELLEE: New Opportunities, Inc.
KEYWORDS: CACFP regulations; health and safety of children
DETAILS: Amanda Burmeister requested review of a determination by New Opportunities, Inc., a home sponsor for the Child and Adult Care Food Program (CACFP), proposing termination of her agreement to participate in the CACFP program and disqualification from future CACFP participation.

CACFP is a federal program that provides reimbursement for the cost of meals and snacks provided to children in daycare homes and centers.  The program is administered by the United States Department of Agriculture (USDA), through the Iowa Department of Educations Bureau of Nutrition Programs.
  Daycare homes participating in CACFP, such as Ms. Burmeisters, must be supervised by a public or private nonprofit sponsoring organization.  To participate, a child care home provider must possess a certification of registration from the Iowa Department of Human Services authorizing operation as a child care home, and must sign an agreement with the sponsoring organization setting out the terms and conditions of program participation. 
  All participating day care homes must maintain daily records of the number of children in attendance and the number of meals, by type, served to enrolled children.  The records are to be completed daily.  The USDA regulations governing CACFP designate the failure to keep required records as a serious deficiency in program compliance.
  The evidence presented amply supports a finding that Ms. Burmeister failed to permanently and completely correct the seriously deficient practice of failure to maintain adequate records within the time allowed. 
  CACFP is funded by public monies; therefore, a provider is required to be accountable to the public for how she operates.  When such accountability is lacking, the public trust is gone and the sponsor is required to take appropriate action. 
OUTCOMES: The proposed termination of Amanda Burmeister from the Child and Adult Care Food Program is hereby upheld.