Update–Additional Summer 2022 Waivers #111–114

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The Summer 2022 Waivers communication has been updated to include an additional state waiver for the Summer Food Service Program (SFSP) that was approved by the U.S. Department of Agriculture (USDA) on July 18, 2022. Please see the section Update–Offsite Monitoring of SFSP Operations for more details.

On July 6, 2022, and July 8, 2022, the USDA issued a total of four additional nationwide waivers to support continuity of Child Nutrition Program (CNP) operations in summer 2022. These waivers are authorized under the Families First Coronavirus Response Act (Public Law 116-127):

• Noncongregate Meals (Waiver #111) for SFSP and Seamless Summer Option (SSO)
  
  
• Parent and Guardian Pick Up (Waiver #112) for SFSP and SSO
  
  
• Meal Service Time Restrictions (Waiver #113) for SFSP and SSO
  
  
• Summer Sponsor Application Deadline (Waiver #114) for SFSP and SSO

These nationwide waivers replace previously-approved state waivers of the same subject and provide greater flexibility. Combined, these flexibilities can support bulk meal and home delivery. Program operators are reminded to have controls and plans in place to document the distribution of meals and avoid duplicate meals. A program integrity plan is required when using the parent guardian pick-up waiver #113.

While nationwide waivers #111–#113 are not strictly limited to use only during a direct impact of COVID-19 on congregate meal service as initially required by the state waivers, the California Department of Education (CDE) is continuing to request that Program Operators maintain documentation of COVID-19 impacts on meal service for reporting and documentation purposes.

Waiver Elections Survey

The Summer 2022 Child Nutrition Program Waiver Elections survey is available online and includes the time spanning the start of the state waivers (May 1, 2022) through the end of the federal waivers (September 30, 2022). The CDE encourages Program Operators to complete this survey now.

Required Reporting

The CDE is required to collect information about the use of COVID-19 related waivers, and will issue a mandatory survey to Program Operators to gather this information. Reporting will include, but is not limited to; how the waivers impacted meal service, improved services to children, and reduced program paperwork.

For situations when utilizing noncongregate meals, parent or guardian pick up, and meal service time flexibilities, the CDE is asking Program Operators to maintain documentation of the impact of COVID-19 on meal service and program operations.

Waiver information and important details are as follows:

Update–Offsite Monitoring of SFSP Operations (SFSP only)

Valid July 18, 2022 through September 30, 2022

Allows program operators to conduct offsite desk reviews to meet oversight requirements. Information about conducting monitoring visits offiste can be found in the Program Integrity Guide located in the Download Forms section of the Child Nutrition Information Payment System (CNIPS).

Waiver #111–Noncongregate Feeding for Summer 2022 Operations (SFSP and SSO)

Valid July 6, 2022 through September 30, 2022

The USDA waived the requirement for SFSP and SSO program operators to serve meals in a congregate setting and for meals to be consumed on-site. This allows program operators to serve meals to eligible children and for the meals to be consumed off-site.

Note: Noncongregate Summer meals served from May 1, 2022–July 5, 2022 were authorized under the state waiver #1 for noncongregate feeding, which was restricted for use only when congregate meal service was disrupted due to COVID‑19.

Waiver #112–Parent and Guardian Pickup for Summer 2022 Operations (SFSP and SSO)

Valid July 6, 2022 through September 30, 2022

The USDA waived the requirement that meals may only be served directly to children. This waiver allows for parent or guardian pick-up of meals for eligible children.

Note: SFSP and SSO meals distributed to parents or guardians from May 1, 2022–‍July 5, 2022 were authorized under the state waiver #2 for parent and guardian pick‑up, which was limited to use only when congregate meal service was disrupted due to COVID-19.

Both the state and the nationwide Parent Guardian Pick Up Waiver require program operators to have a program integrity plan in place to ensure that meals are distributed only to parents or guardians of eligible children and that duplicate meals are not distributed.

Waiver #113–Meal Service Time Restrictions for Summer 2022 Operations (SFSP and SSO)

Valid July 6, 2022 through September 30, 2022

The USDA waived the meal service time regulatory limits on the amount of time that must elapse between meal service, and the duration of meal service are waived.

Note: Use of meal service time flexibilities for SFSP and SSO meals served from May 1, 2022, through July 5, 2022, were authorized under the state waiver for streamlined meal time requirements (no number issued).

Waiver #114–Summer Sponsor Application Deadline (SFSP and SSO)

Valid July 8, 2022 through September 30, 2022

The USDA waived the requirement that all SFSP applicant sponsors submit written applications for program participation to the state agency by June 15, and to allow state agencies to reimburse SFSP sponsors, back to the date a complete and correct application was received at the state agency, for meals served prior to the sponsor receiving written notification that the sponsor or site has been approved for participation in the program.

Note: Use of the application deadline flexibility is limited to retroactive approval to the date a complete and correct application was submitted to the CDE. This nationwide waiver defers to state agencies to establish a deadline for use of this flexibility. All other requirements in Title 7, Code of Federal Regulations Section 225.9(d) remain in effect, including the requirement that sponsors are not eligible for meal reimbursements unless they have executed an agreement with the state agency.

Sites operating prior to June 30, 2022 must be area eligible. Sites operating on or after June 30, 2022 may be approved to operate without meeting area eligibility requirements under waiver #107–Extension of Area Eligibility in Summer 2022.

Use of this waiver is subject to CDE approval; please work with your assigned program analyst if you wish to use these flexibilities.

Previously Issued State and Nationwide Waivers Affecting Summer 2022

The USDA has approved and issued numerous state and nationwide waivers. Noncongregate, parent and guardian pickup, and meal time restriction waivers are described previously, and all remaining Summer 2022 waivers are listed below. Additional information about these waivers can be found under the Disaster tab on the web page for Nutrition What's New - Nutrition (CA Dept of Education).

Waiver #107–Extension of Area Eligibility in Summer 2022

The USDA has extended the ability to operate SFSP and SSO open sites that are not area eligible.

Waiver #108–Area Eligibility for Closed Enrolled Sites in Summer 2022

The USDA has extended the ability to operate SSO and SFSP at closed enrolled sites that are not area eligible.

Waiver #109–SFSP Reimbursement Rates for the SSO in Summer 2022

The USDA has established payment rates for SSO meals and snacks at the SFSP reimbursement rate.

Offer Versus Serve

The USDA has allowed for school food authority (SFA) and non-SFA sponsors in good standing to use offer vs. serve, which allows children to decline some of the foods offered in a reimbursable breakfast, lunch, or supper. Note: For use with SFSP only.

First Week Site Visit

The USDA has waived the requirement for SFSP operators in good standing to visit each of their sites at least once during the first week of operation.

Closed-Enrolled Site Area Eligibility School or Census Data

Program operators are allowed to establish area eligibility for closed-enrolled sites using school or census data as defined in USDA policy memo SFSP 03-2017, Area Eligibility in Child Nutrition Programs .

Additional Information

Information about COVID-19 waivers is forthcoming on the COVID-19 Policy and Waivers in CNPs web page.

Contact Information

For any questions regarding these waivers, please contact your respective program’s County Specialist. The County Specialist for each program can be found in the Download Forms section of each respective program’s module in the Child Nutrition Information Payment System , Download Forms section:

• School Nutrition Programs (including SSO): Form ID Caseload
• SFSP: Form ID SFSP 01

The CDE also wishes to acknowledge the impact that the release date of these waivers has on your operations. We recognize that while these flexibilities are welcome, the timing is challenging.