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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: 27 
MONTH-YEAR: December - 2015
IN RE: Termination from CACFP
APPELLEE: Mid-Iowa Community Action, Inc.
KEYWORDS: CACFP regulations; health and safety of children
DETAILS: CACFP is a program created by the Agricultural Risk Protection Act, 42 U.S.C. § 1766.  That Act and its regulations dictate the minimum terms of the participation agreement between the sponsor and the home provider.

The regulations at 7 CFR § 226.16 enumerate reasons why a daycare home may be terminated from CACFP.  Being cited as ''seriously deficient'' and not correcting the deficiency is one cause for termination.  A serious deficiency includes the providers failure to participate in training.  7 CFR § 226.16(l)(2)(viii).  Offering an opportunity to take corrective action is mandated in rule 226.16(l)(3).  This procedure ensures that no provider is terminated without being given a second chance.
  The regulations governing the CACFP are quite strict.  While a termination from CACFP may seem harsh to Ms. Sallee, the rationale for the strictness of the regulations is simple.  CACFP is funded by public monies;  therefore, a home provider is required to be accountable to the public for how s/he operates.  When such accountability is lacking, the public trust is gone, and the sponsor is required to take appropriate action. 
Ms. Sallee does not deny that she failed to attend the mandatory 2 hour training during FFY 15.  She claims that she takes the program (CACFP) seriously, but that claim is totally lacking in credibility.  Ms. Sallee was given multiple reminders of her obligation, along with information about how to fulfill the obligation.  Her eleventh hour appearance - without explanation for her tardiness - at this hearing underscores that she does not take the program seriously.
  MICA met its obligation under the federal law as a sponsor by offering several free trainings and in giving Ms. Sallee 30 calendar days to make up the training requirement.  Ms. Sallee did not meet her obligation.
  The evidence presented amply supports a finding that Ms. Sallee failed to permanently and completely correct the seriously deficient practices of failure to participate in training. 
OUTCOMES: The proposed termination of Kim Sallees CACFP agreement and the proposed disqualification of Kim Sallee from the Child and Adult Care Food Program are hereby affirmed.  Ms. Sallees name shall be placed on the National Disqualified List (NDL).