U.S. Department of Agriculture Waiver Request

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General Information

The U.S. Department of Agriculture (USDA) Food and Nutrition Service established a waiver request protocol for certain Child Nutrition Programs (CNP) statutory or regulatory requirements. The CNPs include the School Nutrition Program (SNP), the Summer Food Service Program (SFSP), the National School Lunch Program (NSLP), the NSLP Seamless Summer Option (SSO), the School Breakfast Program (SBP), the Afterschool Meal Supplement, the Fresh Fruit and Vegetable Program (FFVP), and the Special Milk Program.

For more information, please see the USDA Policy Memorandum SP 15-2018, CACFP 12-2018, SFSP 05-2018 Child Nutrition Program Waiver Request Guidance and Protocol Revised (PDF).

Current Waiver Requests for the Nutrition Services Division

1. The California Department of Education (CDE) is requesting non-congregate feeding, meal time flexibility and offer versus serve waivers for School Nutrition Program operators to provide two meals to children observing Ramadan during the 2024-25 school year.
   
   
2. The CDE in partnership with the California Department of Social Services (CDSS), is requesting to waive the August 15th deadline for the Interim Plan of Operations and Management. The CDE and CDSS will submit the Interim Plan of Operations and Management by September 15, 2024.
   
   
3. The CDE, in partnership with the CDSS, is requesting to waive the January 1, 2025, compliance date for the Coordinated Services Plan (CSP) for the Summer Electronics Benefits Transfer for Children Program (Summer EBT) and the SFSP and defer it through December 1, 2025.
   
   
4. The CDE, in partnership with the CDSS, is requesting waivers for SUN Bucks/Summer EBT 2025 regarding flexibilities for SUN Bucks application, eligibility, verifications, hearing and appeals process.
   
   
5. The CDE is requesting approval on behalf of SFSP and SSO program operators in good standing to operate approved outdoor meal sites without temperature-controlled alternative sites as non-congregate sites on days when the area is experiencing excessive heat. Under these circumstances, the following flexibilities are available to operators: non-congregate meal service, parent/guardian meal pick up and meal service times requirements.
   
   
6. The CDE is requesting approval on behalf of SFSP and SSO program operators in good standing to operate approved outdoor meal sites without alternative indoor sites as non-congregate sites on days when the area is experiencing certain air quality advisories. Under these circumstances, the following flexibilities are available to operators: non-congregate meal service, parent/guardian meal pick up and meal service times requirements.
   
   
7. The CDE is requesting waivers for non-school food authority SFSP sponsors, in good standing, to use SFSP offer versus serve meal service parameters on a case-by-case basis.
   
   
8. The CDE is requesting a waiver to provide non-congregate meal service in the NSLP, SBP, SFSP, and SSO when congregate meal service operations are limited due to natural disasters, unscheduled major building repairs, court orders related to school safety, or labor management disputes. Under these circumstances, the following flexibilities are available to operators: non-congregate meal service, meal service times, parent/guardian meal pickup, and offer versus serve.
   
   
9. The CDE is seeking approval from the U.S. Department of Agriculture to establish a risk-based approach for the Resource Management portion of the Administrative Review.
   
   
10. The CDE is requesting a waiver to provide non-congregate meal service on non-school days in the NSLP and SBP to ensure continued access to healthy meals while CalFresh benefits are reduced or delayed. Under these circumstances, the following flexibilities are being requested: non-congregate meal service, meal service during school days, meal service times, and offer versus serve.