Statewide Interactive
Originally aired February 9, 1996
 PERSPECTIVE
The School Lunch Plunder Reported by Brad Penner, STATEWIDE Correspondent

Every school day in Nebraska, more than 50,000 children eat free lunches at school. The program is supposed to ensure that children from low-income families get a good meal so they're better prepared to learn. Few would argue with that goal. But one Nebraska school district found that the benefits aimed at the poor are being claimed by those who are not, at least not by the standards set by the government.
   Administrators in South Sioux City started getting concerned a couple of years ago. They were finding more cases of people misstating their incomes when they applied for free or reduced price lunches. They also found that more than half of the people they asked were unwilling or unable to prove that they met income standards for the program. A check of the numbers showed a similar situation in a couple of other school districts. In South Sioux City they decided to do something about it. They may become the first school district in the country to prosecute people for lying on an application form. They want to make sure that families who can afford it don't get a free lunch.

It's lunchtime at South Sioux City High School. Some of the kids pay cash. Others have a lunch card punched. But it's impossible to tell which kids are paying full price for their meal and which of them pay less or eat free. School officials think many of those free lunches go to kids whose families don't legally qualify.
   [Rick Feauto, South Sioux City Schools:] "We thought we had a high percentage of people that were misrepresenting their income so we wanted to take it a step further. We didn't want to just be over and done with it. We wanted to try and do something about the high number of misrepresented incomes."
   The federal government sets income guidelines for free and reduced price lunches. Families under 130% of the poverty level get free lunches. The reduced price cutoff is set at 185% of the poverty line. For example, a family of four could make close to $20,000 per year and qualify for free lunches. If they made $28,000, they'd pay the reduced price.
[Feauto:] "This is a summary of all 85 people that we did verify."
   Rick Feauto is the business manager for the South Sioux City schools. It's his job to check school lunch applications. He found a number of cases where the income on a family's application didn't match what they actually made.
[Feauto:] "Number 39 went from free status all the way to denied status. Said they made 2,600. Really made 3,300."
   Now the school is out to stop abuse of the lunch program.
   [Feauto:] "What we are after here is trying to take the people off of the free and reduced roles that don't belong there."
   When a family applies for free or reduced price lunches, they write down their monthly income. If they meet the guidelines, they're enrolled in the program. No proof of income is needed, but the federal government requires schools to audit 3% of those applications. Schools ask parents to provide proof of income. If they don't reply, they get another letter. In 1994 56% of the people checked didn't answer the letters.
   [Feauto:] "They've refused to cooperate and at that point we send them a letter say, if you do not send us any information, then in ten days your children will be removed from the free and reduced lunch status. And 29 people allowed us to take their children off."
   [Brad Penner:] "Have you received any appeals after that's happened?"
   [Feauto:] "Nobody's contacted us and said, why'd you take my kids off? They've just allowed it to happen."
   Feauto says they do what they can to make sure people understand the process. The letters are printed in Spanish if necessary and interpreters are provided for those who may speak other languages. But he believes that most of those who don't comply know perfectly well what they're doing.
   [Feauto:] "We ask 'em, well, what is your real income, and maybe they sit back and they go, 'Gee, I filled this out incorrectly and I didn't even realize it.' Or they think, 'Oh, they caught me,' and they don't respond to us. I can't think of too many reasons why somebody would allow us to remove their children from a free lunch program if they, in fact, deserved to be on a free lunch program."
   More than half of the people checked in 1994 either admitted to putting down the wrong income on their application form or they didn't reply. If those percentages apply to all the applications, you get close to 600 cases of potential fraud.
   Feauto took his concerns to Van Phillips, the South Sioux City Superintendent. Phillips decided it was time to take action and to try to enforce the law.
[Van Phillips, Superintendent:] "If nobody's ever going to check -- if we have the speed limit of 55 but there's no highway patrolmen out there, I guess we're probably gonna' drive more than that, and so in fairness to those people, perhaps we should say, if nobody's checking, what difference does it make, you know, I think maybe that's a thing we've encouraged somewhat by not bothering to check very many."
   But lying on a school lunch form is a crime and in South Sioux City, folks who get caught might be spending some time at the courthouse. Penalties could include jail time or a fine if the case were severe enough. If local prosecutors do take some cases to court, they'll be breaking new ground. No one in the country has been prosecuted for school lunch fraud.
   [Connie Stefkovich, Nebraska Dept. of Education:] "Last spring when South Sioux City first called to visit about their plans, I called the USDA Regional Office in Denver, which is who we deal with here in Nebraska, and they checked with all the regional offices across the country and there's no record of anyone ever being prosecuted for what they've put down on a free and reduced price meal application."
   If no one else is doing it, why would South Sioux City want to take such an aggressive approach toward enforcing school lunch guidelines? They say they want to send a message.
   [Phillips:] "One of the values that this country, frankly, has always been based on is an element of honesty and so we felt that it's probably sending bad messages to students if we totally ignore this."
   [Feauto:] "What kind of a message are we sending our kids if we allow the parents to do these types of things and face no prosecution whatsoever? It's like it's okay to cheat, it's okay to misrepresent things, everybody else does it."
Close to 1,100 kids get free or reduced price lunches in South Sioux City and Phillips and Feauto make it clear they aren't out to hurt the program.
   [Phillips:] "We want to also say it was never our intent to prevent anybody from getting a free or reduced price lunch. Those people who need it certainly are entitled to it and in no way do we want to infringe upon that benefit that was there and was intended for kids."
   [Feauto:] "I just think schools ought to make an effort to make sure that the people that should not be getting free lunch, that should not be benefitting from this program aren't benefitting, so that the money that is left, should there be some cuts, can go to people that need it and not to people that are not supposed to be receiving the money."

In South Sioux City the people who are not supposed to be receiving the money could be costing federal taxpayers $900 a day, not a lot in the vast federal budget, but South Sioux City may not be the only school district with a problem. We checked the verification reports of several Nebraska school districts. In the smaller districts nearly all of the applicants followed the law but in Lincoln this year, 53% of the people checked couldn't or wouldn't prove that they qualified.
   In Omaha the figure was 59%. Around 20,000 kids get a free or reduced price lunch at Omaha Public Schools. 8,000 of those are pre-certified because their families receive food stamps. Administrators verified 370 of the remaining applications to comply with federal law. Mary Andersen is in charge of the program in Omaha.
[Mary Andersen, Omaha Public Schools:] "As I added the numbers for this year, there was 217 people who did not respond for one reason or another and out of 20,000 people or 11,000, whichever way you want to look at it, that's not a very high percentage."
   [Penner:] "Except it's 217 out of 370 so that is a high percentage."
   [Andersen:] "The percentage is high but you have to understand that I don't believe that these people are necessarily putting down numbers and are afraid to prove what they did."
   Andersen believes there are good explanations when people fail to comply. She's seen cases of honest mistakes or misunderstandings. Some may have moved, or their family situation might have changed. Others might be afraid to deal with a government agency. Still, it's difficult to prove, because few if any of these cases are checked and few protest when their children are taken off of the program.
   [Andersen:] "I would not be willing to wager my salary on how much of this we could rationalize away and how much of it is actual fraud. We watch those figures every year, and if it becomes a significant number, we think, you know, we have several people who watch 'em. We'll, see what we can do, too, but at the moment we just haven't considered it necessary."
   If most of the 59% who won't prove their income in Omaha are trying to beat the system, then it could be costing the federal government between one and two million dollars. It doesn't take a lot of imagination to think about what it might be costing the federal government nationwide.

[Phillips:] "I believe the people of the Middle West, whether it's South Sioux, Lincoln, or Omaha, are as honest as anybody across the country. I really believe that. So if you do press it that far, it becomes almost mind-boggling as to what we've created."
   If South Sioux City succeeds in cutting down on abuse in their school lunch program, they'll save the federal government some money, but they'll lose money for their own district, federal dollars that help pay for remedial reading and other programs.
   [Phillips:] "Those dollars that were generated to the district have been tied directly to free and reduced lunch price numbers."
   [Feauto:] "We could be cutting our own funding by pursuing this matter, but it's what we think is right."
   There's another downside. It takes a lot of time to pursue abuse in the lunch program. Feauto is doing his own investigation to find out the incomes of people who don't cooperate. They aren't out to put a lot of people in jail. Penalties aren't the point. They just want to send a message.
   [Feauto:] "If we do have some people that it's very obvious that they misrepresented their income and the district attorney feels that he can prosecute and we do prosecute, maybe down the road other people won't misrepresent their income so that they can get a benefit that they should not be getting."
Feauto believes their efforts are already working. Figures for this year show better compliance with school lunch rules. That may be because they publicized their plans to enforce those rules. Back in Omaha, Mary Andersen says they already spend a lot of time and money doing paperwork for the school lunch program. She'd rather see the federal government take over enforcement of the rules if it's a problem.
   It's a valid point. Maybe there's a better way to handle the program, but for now it's up to schools to see that free lunches go to the kids who deserve them. And in South Sioux City, they'll keep trying to do that, even if they don't have much company.
   [Phillips:] "We may be kind of a lone ranger in that respect right now."
   [Penner:] "Is that okay with you?"
   [Phillips:] "Yeah, that's okay."
   Reporting for Statewide, I'm Brad Penner.

Captioning by Nebraska Captioning Center, Lincoln, Nebraska .