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, (850)617-7438 or 1(800)504-6609, Lakeisha.Hood@FDACS.gov.
Lisa Church, Bureau Chief of Child Nutrition Programs, (850) 617-7413 Direct Line, Lisa.Church@FDACS.gov.
2.Region: Southeast
3.Eligible service providers participating in waiver and affirmation that they are in good standing:
Sponsors of the National School Lunch Program (NSLP) in good standing with FDACS will participate in this waiver.
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]:
On March 17, 2020, the Department of Education and Commissioner Richard Corcoran are using executive authority to mitigate the spread of COVID-19 in Florida by closing all public and private K-12 and career and technical center campuses through April 15, 2020.
Regulations at 7 CFR 245.9(f)(6)(i) also require State agencies to annually notify LEAs of district-wide eligibility for CEP no later than April 15 of each school year. Similarly, LEAs must annually submit school-level eligibility data to the State agency no later than April 15 of each school year.
By May 1 of each year, State agencies must also publish lists of eligible and near-eligible LEAs and schools on their State agency websites. State agencies also provide the Food and Nutrition Service (FNS) a single link to these lists for publication on FNS’ CEP website.
A local educational agency, group of schools, or school that intends to elect the community eligibility provision for the following year for one or more schools must submit to the State agency documentation demonstrating the LEA, group of schools, or school meets the identified student percentage, as specified under paragraph (f)(3)(i) of this section. Such documentation must be submitted no later than June 30 and must include, at a minimum, the counts of identified students and enrolled students as of April 1 of the school year prior to CEP implementation.
FDACS is requesting a waiver of the April 15th, May 1st, and June 30th deadlines associated with the community eligibility provision due to school closures related to COVID-19 conditions.
5.Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:
7 CFR 245.9(f)(5)(i)-(iii) Identification of potential community eligibility schools
7 CFR 245.9(f)(6)(i)-(iv) State agency notification requirements
7 CFR 245.9(f)(7)(i)-(iii) Public notification requirements
7 CFR 245.9(f)(4)(i) Election documentation and deadline
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.
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 face 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]:
The temporary delay of the collection and publication of this information by approval of this waiver request will not increase the overall cost of the Program to the Federal government.
10.Anticipated waiver implementation date and time period: FDACS requests a 30-day waiver of the community eligibility provision deadlines as provided below with the opportunity to request extensions as might be needed should COVID-19 conditions persist.
•Identification of potential community eligibility schools: April 15, 202 to May 15, 2020
•State agency notification requirements: April 15, 2020 to May 15, 2020
•Public notification requirements: May 1, 2020 to June 1, 2020
•Election documentation and deadline: June 30, 2020 to July 30, 2020
11.Proposed monitoring and review procedures:
FDACS will continue to review community eligibility provision election documentation in accordance with the program regulations at 7 CFR 245.9(f)(4)(ii) with the approval of the waiver request.
12.Proposed reporting requirements (include type of data and due date(s) to FNS):
FDACS will advise FNS of its need for an extension of this waiver request by no later than May 1, 2020.
If an extension is not needed, FDACS will publish lists of eligible and near-eligible LEAs and schools on its website by June 1, 2020; provide the Food and Nutrition Service (FNS) a single link to the lists for publication on FNS’ CEP website by June 1, 2020; require each local educational agency must submit its list(s) of potentially community eligible schools by no later than April 15 of each school year; and will also notify the local educational agencies about their community eligibility status by no later than May 15, 2020.
