AHSTW Community School District (CSD) appealed a decision of the Iowa Department of Education, assessing a fiscal action against it as a result of a School Nutrition Program Administrative Review.

At the conclusion of an administrative review to determine AHSTW CSD's compliance with the National School Lunch Program in 2018, the Department of Education (Department) determined that AHSTW failed to properly serve the requisite amount of dark green vegetables each week. This finding was also determined during the district's prior administrative review which took place in 2015.Additionally, during the 2018 review, the Department concluded that free lunches were provided to two students who only qualified for reduced price meals. Based on its findings, the Department assessed a fiscal action in the amount of $628.08 against AHSTW CSD.AHSTW does not dispute the findings from the Department's administrative review. Rather, AHSTW has requested that the fiscal action be waived in its entirety.

Under 7 CFR 210.18(1)(1), the Department is required to take fiscal action for all certification and benefit issuance errors. Additionally, the Department is required to apply fiscal action for repeated violations involving vegetable subgroups under 7 CFR 210.18(1)(2)(ii).

According to the Department, $17.93 including in the fiscal action was inappropriately assessed to AHSTW and payment of that amount would not be sought. The correct amount of fiscal action should be $610.15.The Department does have authority to disregard overpayment, but only if it does not exceed $600.

ALJ orders that the Department's decision is modified to assess the corrected fiscal action of $610.15 against AHSTW Community School District.