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

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food, Nutrition and Wellness

FDACS CNP Waiver Request - Extension of COVID-19 Parent Pickup Waiver

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)

Florida Department of Agriculture and Consumer Services (FDACS)

Lakeisha T. Hood, Director, [phone] or 1[phone], [e-mail]

Lisa Church, 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 Rule 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]:

On March 1, 2020, Florida Governor Ron DeSantis issued Executive Order 20-51 which directed Florida’s Surgeon General, Dr. Scott Rivkees, to declare a public health emergency to better equip Florida with the resources needed to handle the emergence of COVID-19 in Florida.  On March 9, 2020, Governor DeSantis issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19.   On April 3, 2020, Governor DeSantis issued Executive Order 20-91, which directed all persons in Florida to limit their personal movements and personal interactions outside the home only to those necessary to obtain essential services or conduct essential activities.  On April 29, 2020, Governor DeSantis issued Executive Order 20-112, Phase 1 of the Safe, Smart, Step-by-Step Plan for Florida’s Recovery, which directs all persons in Florida to continue to limit their personal interactions outside the home as specified in Executive Order 20-91, including to avoid congregating in large groups, avoid nonessential travel, and adherence to the CDC guidelines for isolation following travel on a cruise or from any international destination or any area with a significant presence of COVID-19.

 

As of Thursday, May 14, 2020, there are more than 41,000 positive cases of COVID-19 in Florida and there have been more than 1,800 deaths attributed to the virus.  Additionally, as of March 15, 2020, there have been 1,405,356 confirmed unique reemployment assistance claims submitted by Florida residents.  While 78.3 percent (1,100,282) of those claims have been processed, to-date, only 49.4 percent (693,950) of those claims have been paid as of May 12, 2020.  Challenges related to COVID-19 conditions, such as this, persist for many Florida families.

 

School Districts and SFSP sponsors were surveyed regarding meal service during COVID-19 conditions in April 2020.  When asked to rank 12 issues on a 1-5 scale, with 1 being of lowest concern and 5 being of highest concern, the survey results showed that expiration of the nationwide waiver for parent/guardian pickup of non-congregate meals ranked as the second highest concern, at 4.10 out of 5 among School Districts and SFSP sponsors. The primary concerns voice by School Districts and SFSP sponsors in response to the survey related to the expiration of the parent pickup waiver correlate directly with their concerns regarding the expiration of the non-congregate feeding waiver included (1) communicating the change effectively to parents/guardians, (2) losing program consistency and (3) reduction in program participation. Additionally, many School Districts are concerned about continued staffing capacity – particularly without hazard pay and with many staff contracts ending as of May 31, 2020.

 

FDACS also remains aware that during a public health emergency, such as COVID-19, social distancing is necessary to avoid spread of the virus. In this public health emergency, continuing to require children to come to the meal site to pick up meals is not be practical.

 

To address these important issues, FDACS is requesting an extension of the nationwide waiver enabling School Districts and SFSP sponsors serving meals in a non-congregate setting in communities and at school sites during school closures related to COVID-19 to distribute meals to a parent or guardian to take home to their chldren. FDACS requests to be able to apply this waiver, as needed, to Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) sponsors providing meals during unanticipated school closures due to COVID-19.

 

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

42 U.S.C. 1761(f)(3)

7 CFR 210.10(a), 220.2 (Breakfast) and 220.8(a), 225.2 (Meals), 225.9(d)(7), and 226.2 (Meals)

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

FDACS will continue to utilize its administrative procedures for emergency meals as provided in Rule 5P-2.009, F.A.C. and Rule 5P-3.001(11), F.A.C..

 

FDACS will continue to implement its existing plan for ensuring that School Districts and SFSP sponsors are able to maintain accountability and program integrity. This includes putting in place processes to ensure that meals are distributed only to parents or guardians of eligible children, and that duplicate meals are not distributed to any child.

 

FDACS will continue to conduct program monitoring in accordance with 7 CFR 225.7(d), or any elected waivers thereto, 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 will also continue assisting program sponsors with communicating to families when, where, and how students may receive meals during a school closure through social media, press releases, media advisories, and website updates.

 

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]:

There are no anticipated increases to the overall costs of the Program or to the Federal Government.

 

Year over year meal reimbursement comparisons for the month of March are provided for reference:

 

	NSLP/SBP/Snack	SSO	SFSP
SY 18-19	$98,377,300.55
SY 19-20	$60,442,010.69	$360,148.60	$7,523,328.31

 

10.  Anticipated waiver implementation date and time period: 

Upon approval through August 23, 2020, or the day preceding each county school district’s first day of school, whichever is earlier

 

11.  Proposed monitoring and review procedures: 

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

 

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

FDACS will submit a report to the Secretary not later than 1 year after the date such State received the waiver. The report must include:

·       A summary of the use of this waiver by the State agency and local Program operators, and

·       A description of whether and how this waiver resulted in improved services to Program participants.

 

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]:

 

14.  Signature and title of requesting official:

 

________________________________________________________

Title: Lakeisha T. Hood, Director

Requesting official’s email address for transmission of response:

[e-mail]

 

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: