What actions can Summer Food Service Program (SFSP) Operators appeal?
Title 7, Code of Federal Regulations (7 CFR), Section 225.13, defines the SFSP appeal process. This web page provides examples as well as the regulatory language that defines each appealable action.
If your agency receives a written notice of action from the California Department of Education (CDE) that states that your agency may appeal the action(s) being taken, follow the procedures on the CDE Appeal Process for Child Nutrition Programs web page to request an appeal.
Application Denial
The CDE's denial of a new or renewing institution's application to participate in the SFSP.
Reasons include: Agency is not financially viable, agency or responsible principal is seriously deficient.
7 CFR, Section 225.6(b)(3): "Within 30 days of receiving a complete and correct application, the State agency shall notify the applicant of its approval or disapproval. If an incomplete application is received, the State agency shall so notify the applicant within 15 days and shall provide technical assistance for the purpose of completing the application. Any disapproved applicant shall be notified of its right to appeal under §225.13."
Application Denial of a Sponsored Site
The CDE's denial of an application submitted by a sponsoring organization on behalf of a facility.
Reasons include: Agency is not financially viable, sponsor is seriously deficient, the site is not eligible using site eligibility metric.
7 CFR, Section 225.11(c): "... the State agency shall not enter into an agreement with any applicant sponsor identifiable through its corporate organization, officers, employees, or otherwise, as an institution which participated in any Federal child nutrition program and was seriously deficient in its operation of any such program."
Termination of a Sponsor or Site
The CDE's decision to terminate an institution's SFSP agreement or site approval.
Reasons include: Agency has been declared seriously deficient, corrective action not completed, serious health and safety violations.
7 CFR, Section 225.11(c): "The State agency shall terminate the Program agreement with any sponsor which it determines to be seriously deficient. However, the State agency shall afford a sponsor reasonable opportunity to correct problems before terminating the sponsor for being seriously deficient."
7 CFR, Section 225.11(f):
(2) The State agency shall terminate the participation of a sponsor's site if the sponsor fails to take action to correct the Program violations noted in a state agency review report within the timeframes established by the corrective action plan.
(3) The State agency shall immediately terminate the participation of a sponsor's site if during a review it determines that the health or safety of the participating children is imminently threatened.
7 CFR, Section 225.18(b)(2): "A State agency shall terminate a sponsor's participation in the Program by written notice whenever it is determined by the State agency that the sponsor has failed to comply with the conditions of the Program."
Claim Denial
The CDE's denial of all or part of an institution's claim for reimbursement (not on the basis of late claim submission).
Reasons include: Site is not approved, site was erroneously approved and should not be allowed to claim, claims are not supported by required records.
7 CFR, Section 225.12(a): "The State agency shall disallow any portion of a claim for reimbursement and recover any payment to a sponsor not properly payable under this part, except as provided for in §225.10(c). State agencies may consider claims for reimbursement not properly payable if a sponsor's records do not justify all costs and meals claimed."
Claim Deadline Exceptions and Requests for Upward Claim Adjustments
The CDE's decision not to forward an institution's exception request to the U.S. Department of Agriculture Food and Nutrition Service for payment of a late claim, or a request for an upward adjustment of a claim.
Reasons include: Operating issues that are deemed preventable and not outside of the agency's control.
7 CFR, Section 225.9(d)(6): "A final Claim for Reimbursement shall be postmarked or submitted to the State agency not later than 60 days after the last day of the month covered by the claim. ... Claims not filed within the 60 day deadline shall not be paid with Program funds unless Food and Nutrition Service (FNS) determines that an exception should be granted."
Denial of Advance Payment Request
Reasons include: Agency has been declared seriously deficient, corrective action not completed, agency is on payment hold.
7 CFR, Section 225.9(c): "At the sponsor's request, State agencies shall make advance payments to sponsors that have execute Program agreements in order to assist these sponsors in meeting expenses ...Requests received less than 30 days prior to those dates shall be acted upon within 30 days of receipt."