Regulation and Policy

6.30.2022

and 

7.6.2022

Child Nutrition Nationwide Waiver Update for Summer 2022 and School Year 2022-2023

On June 30, 2022, the Food and Nutrition Service (FNS) released a suite of four Child Nutrition Program nationwide waivers and flexibilities based on authority amended by the Keep Kids Fed Act of 2022 to support CNP operations in summer 2022 and SY 2022-23. State and local officials continue their exceptional efforts to maintain program access while facing challenges stemming from the COVID-19 pandemic, and FNS recognizes that providing flexibility will assist their efforts. The suite of waivers and flexibilities, listed below, increases funding, supports access, and balances operational needs with the goal of providing nutritious meals: 

• Cover Memo: Child Nutrition Nationwide Waiver Update for Summer 2022 and School Year 2022-2023 
• #107_Nationwide Waiver to Extend Area Eligibility Waivers for Summer 2022 Operations – EXTENSION 5 
• #108_Nationwide Waiver to Allow Area Eligibility for Closed Enrolled Sites for Summer 2022 Operations – EXTENSION 4 
• #109_Nationwide Waiver to Allow Summer Food Service Program Reimbursement Rates for the Seamless Summer Option in Summer 2022 
• #110_Nationwide Waiver to Allow Fiscal Action Flexibility for Meal Pattern Violations Related to COVID-19 Supply Chain Disruptions Impacting School Meals in School Year 2022-2023 – EXTENSION 
• #111_Nationwide Waiver to Allow Non-Congregate Feeding for Summer 2022 Operations - EXTENSION 7
• #112_Nationwide Waiver to Allow Parents and Guardians to Pick Up Meals for Children for Summer 2022 Operations - EXTENSION 7
• #113_Nationwide Waiver of Meal Service Time Restrictions for Summer 2022 Operations - EXTENSION 4

NCDPI Waiver Request for School Meal Programs for SY 22-23

GOAL: The goal of the waiver request is to continue to extend necessary flexibilities to SFAs and sponsors who provide meal service despite post-COVID-related challenges, including increased food, supply and fuel costs, as well as continued supply challenges caused by a fractured K-12 supply chain. A secondary goal is to reduce the administrative burden on SFAs and sponsoring entities who continue to feel the impact from the these and other post-COVID challenges such as staffing shortages.

Waiver Request for Summer Food Service Program FY 2021-22 and School Meal Programs for SY 2022-23

• SFSP Offer vs Serve (OVS) Waiver
• First Week SFSP Site Visit Waiver
• Off-site Monitoring Waiver
• Closed Enrolled Area Eligibility Waiver
• Meal Time Restriction Waiver

GOAL: Allow NCDPI to grant summer meal sponsors operating outdoor meal service at sites without a temperature-controlled alternative  to provide a non-congregate meal service on days when the area experiences excessive heat or other exceptional circumstances.

The North Carolina Department of Public Instruction (NCDPI) announced today that it will request statewide waivers from the Food and Nutrition Service of the US Department of Agriculture (USDA) of statutory and regulatory requirements in the Summer Food Service Program (SFSP) and Seamless Summer Option (SSO), in accordance with federal guidance. The waivers relate to the SFSP flexibilities and policies that were rescinded through Policy Memoranda SFSP 01-2019, Summer Food Service Program Memoranda Rescission; SFSP 03-2020, Meal Service During Unanticipated School Closures and the March 23, 2000, Policy Memorandum on determining sponsors for the current year administrative review schedule.

The following waivers have been submitted to the USDA for consideration. The goal of these waivers is to reinstate the rescinded flexibilities that allow for efficient and cost-effective program management and to reduce the administrative burden for sponsoring organizations and the State Agency.

Waiver of first week SFSP site visits for School Food Authorities and other sponsors in good standing, which operated experienced sites in good standing without a lapse in participation.

Waiver extending area eligibility to closed enrolled sites for SFSP and SSO.

Waiver of meal-time restrictions; specifically, the minimum amount of time that must pass between meals and snacks and the duration of the meal service, with approval to be determined by the NCDPI on a case-by-case basis for SFSP and SSO.

Waiver to extend SFSP Offer versus Serve to SFA and other sponsors, approval to be determined by the NCDPI

Waiver to allow school sites to serve meals for reimbursement during unanticipated school closures in SFSP and SSO.

Waiver to allow NCDPI and sponsors to conduct site/sponsor administrative reviews off site in the SFSP and SSO.