DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food, Nutrition and Wellness
FDACS CNP Waiver Request - SFSP/SSO Area Eligibility
CHILD NUTRITION PROGRAM
STATE WAIVER REQUEST
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 (SERO)
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 marginalized 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. Additionally, Florida’s unemployment claims are surging with residents who were recently laid off due to COVID-19 conditions. For the week ending March 7, Florida received just 5,325 applications for unemployment benefits, or just more than 1,000 a day. On Monday, March 26, 2020, alone, more than 21,000 claims flooded in. On Tuesday, the tally soared to 31,000, according to the Florida Department of Economic Opportunity.
Because of the quickly diminishing socioeconomic wellbeing of our state, whose economy is driven by tourism and hospitality industries that have been disproportionately impacted by COVID-19, FDACS is requesting a waiver to temporarily modify the definition of “Areas in which poor economic conditions exist” to allow SFSP and SSO sites operating during unanticipated school closures related to COVID-19 conditions to be located in areas where at least 40 percent of the enrolled children have been determined eligible for free or reduced-price school meals under the National School Lunch Program and the School Breakfast Program. Based on October Data from 2019, this flexibility would allow 285 additional school sites to become area eligible for SFSP and SSO operation under the department’s current waiver for unanticipated school closures – with the potential to reach an additional 117,231 children who are currently eligible for free or reduced-price school meals across the state.
5. Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:
7 CFR 225.2 Definitions, Areas in which poor economic conditions exist
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. During the months of March, April and May, FDACS typically reimburses approximately $365,000,000 for meals serve through NSLP and SBP. By comparison, FDACS typically reimburses $86,000,000 for SFSP and SSO for the months of June, July and August. Therefore, the implementation of the waiver would potentially generate a cost 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.
13. Link to or a copy of the public notice informing the public about the proposed waiver [Section 12(l)(1)(A)(ii) of the NSLA]:
http://www.FLRules.org/gateway/View_Notice.asp?id=23092419
14. Signature and title of requesting official:
________________________________________________________
Title: Lakeisha T. Hood, Director
Requesting official’s email address for transmission of response: Lakeisha.Hood@FDACS.gov
TO BE COMPLETED BY FNS REGIONAL OFFICE:
FNS Regional Offices are requested to ensure the questions have been adequately addressed by the State agency and formulate an opinion and justification for a response to the waiver request based on their knowledge, experience and work with the State.
Date request was received at Regional Office:
Check this box to confirm that the State agency has provided public notice in accordance with Section 12(l)(1)(A)(ii) of the NSLA
Regional Office Analysis and Recommendations:
