Department of Agriculture and Consumer Services, Division of Food, Nutrition and Wellness

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food, Nutrition and Wellness

Child Nutrition Program State Waiver Request

Child Nutrition Programs are expected to be administered according to all statutory and regulatory requirements; waivers to the requirements are exceptions. However, Section 12(l) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1760(l), provides authority for USDA to waive requirements for State agencies or eligible service providers under certain circumstances. When requesting the waiver of statutory or regulatory requirements for the Child Nutrition Programs (CNPs), including the Child and Adult Care Food Program (CACFP), the Summer Food Service Program (SFSP), the National School Lunch Program (NSLP), the Fresh Fruit and Vegetable Program (FFVP), the Special Milk Program (SMP), and the School Breakfast Program (SBP), State agencies and eligible service providers should use this template. State agencies and eligible service providers should consult with their FNS Regional Offices when developing waiver requests to ensure a well-reasoned, thorough request is submitted. State agencies and eligible service providers are encouraged to submit complete waiver requests at least 60 calendar days prior to the anticipated implementation date. Requests submitted less than 60 calendar days prior to the anticipated implementation should be accompanied by an explanation of extenuating circumstances.

For more information on requests for waiving Program requirements, refer to SP 15-2018, CACFP 12-2018, SFSP 05-2018, Child Nutrition Program Waiver Request Guidance and Protocol- Revised, May 24, 2018. 

1.State agency submitting waiver request and responsible State agency staff contact information:  Florida Department of Agriculture and Consumer Services (FDACS), Lakeisha T. Hood, Director, [phone] or 1[phone], [e-mail].

Lisa Church, Bureau Chief of Child Nutrition Programs, [phone] Direct Line, [e-mail].

2.Region: Southeast

3.Eligible service providers participating in waiver and affirmation that they are in good standing

Only School Districts and Summer Food Service Program (SFSP) sponsors currently in good standing with FDACS will be deemed eligible to participate in the implementation of this waiver in accordance with Rule 5P-2.009, F.A.C. and subsection 5P-3.001(11), F.A.C.

4.Description of the challenge the State agency is seeking to solve, the goal of the waiver to improve services under the Program, and the expected outcomes if the waiver is granted. [Section 12(l)(2)(A)(iii) and 12(l)(2)(A)(iv) of the NSLA]:

As of March 16, 2020, school districts and SFSP sponsors have been implementing the SFSP or National School Lunch Program (NSLP) Seamless Summer Option (SSO) to children in Florida impacted by the unanticipated closure of schools due to COVID-19 conditions.  In keeping with program regulations and the guidance that accompanied SP 08_SFSP 04-2020 - Child Nutrition Program Meal Service during Novel Coronavirus Outbreaks, which was issued on March 6, 2020, Florida’s school districts and SFSP sponsors have established meal service sites at schools or in areas where 50 percent or more of the students are eligible for free or reduced-price meals.  This process has disenfranchised students who would have, but for the unanticipated school closures, been able to avail themselves of meals through the SBP or NSLP during the normal school day.  FDACS is requesting a waiver of the requirement for SFSP and SSO sites to be located in areas where poor economic conditions exist so that all students traditionally accustomed to receiving meals through the school meal programs can be served through SFSP or SSO during the unanticipated school closures related to COVID-19.

5.Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:

7 CFR 225.6(c)(2)(i)(G) State agency responsibilities, Content of sponsor application

7 CFR 225.6(c)(3)(i)(B) State agency responsibilities, Content of sponsor application

7 CFR 225.6(d)(1)(i) State agency responsibilities, Approval of sites

7 CFR 225.16(b)(4) Meal service requirements, Sites which serve children of migrant families

6.Detailed description of alternative procedures and anticipated impact on Program operations, including technology, State systems, and monitoring:

FDACS does not foresee any anticipated impact on Program operations.

FDACS will continue to conduct program monitoring in accordance with 7 CFR 225.7(d) throughout the implementation period of the waiver.

7.Description of any steps the State has taken to address regulatory barriers at the State level. [Section 12(l)(2)(A)(ii) of the NSLA]:

There are no regulatory barriers at the State level to address.

8.Anticipated challenges State or eligible service providers may face with the waiver implementation:

FDACS does not anticipate any challenges that it or its eligible service providers may fact with the waiver implementation.

9.Description of how the waiver will not increase the overall cost of the Program to the Federal Government. If there are anticipated increases, confirm that the costs will be paid from non-Federal funds. [Section 12(l)(1)(A)(iii) of the NSLA]:

FDACS anticipates that any overall cost increases to the SFSP will be offset by the costs that will not be incurred for the meals that would have traditionally been served in school settings through the NSLP and SBP.  Therefore, the implementation of the waiver would be a budget savings or be budget neutral to the Federal Government.

10.Anticipated waiver implementation date and time period:

Upon approval through June 30, 2020

11.Proposed monitoring and review procedures:

As mentioned above, FDACS will continue to conduct program monitoring in accordance with 7 CFR 225.7(d) throughout the implementation period of the waiver.

12.Proposed reporting requirements (include type of data and due date(s) to FNS):

Meal counts and records will be maintained for meals served under the waiver. The total meals served under waiver will be submitted to FNS monthly and upon final use of the waiver in Florida during each instance of an unforeseen event.