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Severe Need Assistance-Interim Rule

Nutrition Services Division Management Bulletin

To: School Nutrition Program Sponsors

Number: 05-123

Attention: Food Service Director

Date: January 2006

Subject: School Breakfast Program: Severe Need Assistance – Interim Rule

Reference: Federal Register/ Volume 70, Number 211, dated Wednesday, November 2, 2005, pages 66247 through 66250

This Management Bulletin transmits a copy of the Interim Rule that makes changes to the School Breakfast Program (SBP): Severe Need Assistance, more commonly known in California as the Especially Needy Breakfast Program. This interim rule addresses and implements amendments made by Section 201 of the Child Nutrition and WIC Reauthorization Act of 2004. The interim rule is effective December 2, 2005, and makes the following changes:

  • Eliminates the requirement that a school’s SBP costs exceed the rate of reimbursement as a criterion for receiving the higher severe need funding available in the SBP.
  • Allows State agencies to provide severe need reimbursements to certain new schools that are beginning participation in the school meal programs, and therefore, have no historical second preceding year participation information, as was previously required.

NOTE: We will not be able to implement this change until we receive guidance from the United States Department of Agriculture (USDA).

The USDA, Food and Nutrition Services invites interested persons to submit comments on this interim rule. To be considered, comments must be postmarked no later than May 1, 2006.

If you have any questions regarding this subject, please contact your Nutrition Services Division representative in the Field Services Unit at 916-445-0850 or 800-952-5609. You may also contact James Rickner at 916-445-7360 or by e-mail at

Attachment available in hard copy only.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Friday, July 31, 2015

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