COVID-19 Policy and Waivers in CNPs

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Summary

The U.S. Department of Agriculture (USDA) has issued federal policy waivers to provide flexibility on requirements of the Child Nutrition Programs (CNP) during the Novel Coronavirus (COVID-19) pandemic. The USDA also approved state specific waivers submitted by the California Department of Education (CDE) to further address regulatory flexibility during this time. Topics include: Program operation, noncongregate feeding, meal service time flexibility, parent pick-up, area eligibility, meal pattern, offer versus serve, monitoring, food service management, and review requirements for state agencies. The following waivers require additional CDE oversite: (1) Area Eligibility for Seamless Summer Option (SSO)/Summer Food Service Program (SFSP) (Area Eligibility and Area Eligibility of Closed Enrolled Sites), (2) Area Eligibility for Child and Adult Care Food Program (CACFP) at-risk sites, and (3) Meal Pattern Flexibilities for all CNPs. Information on applying for these waivers is provided in the sections below.

The following federal and state waivers and policy memos are separated by topic, select the specific topic of interest below:

Federal Waivers
State Waivers
- Fresh Fruit and Vegetable Program (FFVP)
- SFSP/SSO Monitoring Waiver
USDA Question and Answers Policy Memos

*The asterisk next to the federal policy memo waivers indicates that the waivers have been issued by the USDA, but have not yet been posted on the USDA web page. The federal waivers will be posted by the CDE when made available by the USDA.

Federal Waivers

Program Operation

The Program Operation waiver allows program operators to operate SFSP and SSO through June 30, 2021. Program operators do not need to fill out a CDE waiver to implement this type of operation.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
10/09/20	Allow Reimbursement for Meals Served Prior to Notification of Approval #69 (PDF)	SFSP	06/30/21	Allow Reimbursement for Meals Served Prior to Notification of Approval #57 (PDF)
10/09/20	Program Operation #59 (PDF)	SSO, SFSP	06/30/21	Program Operation #56 (PDF)

Noncongregate Feeding

The Noncongregate Feeding waiver allows program operators to serve meals and for students to consume them off-site.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
10/09/20	Noncongregate Feeding #61 (PDF)	SSO, SFSP	06/30/21	Noncongregate Feeding #54 (PDF) Noncongregate Feeding #44 (PDF) Noncongregate Feeding #2 (PDF)
06/25/20	Noncongregate Feeding #33 (PDF)	National School Lunch Program (NSLP), School Breakfast Program (SBP), CACFP	06/30/21	Noncongregate Feeding #22 (PDF) Noncongregate Feeding #2 (PDF)

Meal Service Time Flexibility

The Meal Service Time Flexibility waiver allows for program operators to serve meals outside of standard meal times.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
10/09/20	Meal Service Time Flexibilities #66 (PDF)	SSO, SFSP	06/30/21	Meal Service Time Flexibilities #50 (PDF) Meal Service Time Flexibilities #17 (PDF)
06/25/20	Meal Service Time Flexibilities #34 (PDF)	NSLP, SBP, CACFP	06/30/21	Meal Service Time Flexibilities #23 (PDF) Meal Service Time Flexibilities #1 (PDF)

Parent Pick-Up

The Parent Pick-up waiver allows a parent or guardian to pick up the meal(s) for students. Program operator must be approved for noncongregate feeding waiver and must have a written plan to ensure program integrity.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
10/09/20	Parent Pick-up #62 (PDF)	SSO, SFSP	6/30/21	Parent Pick-up #55 (PDF) Parent Pick-up #47 (PDF)
06/25/20	Parent Pick-up #35 (PDF)	NSLP, SBP, CACFP	06/30/21	Parent Pick-up #25 (PDF) Parent Pick-up #5 (PDF)

Area Eligibility

The Area Eligibility waiver provides flexibility to the requirements that open sites in the SSO/SFSP and CACFP at-risk sites be located in areas where at least 50 percent of the participants are eligible for free or reduced-price meals (F/RP). The Area Eligibility waiver allows the CDE to replace the 50 percent threshold with a lower 40 percent threshold. For sites that are below the 40 percent free and reduced-price (F/RP) threshold, the CDE can accept from CNP sponsors additional reasons of how the eligibility rates have changed due to COVID-19, e.g., percentage of business closures in the area, increase in SNAP participation, increased participation in local food banks, or increased unemployment. To participate in Area Eligibility, an SSO/SFSP/CACFP sponsor must complete the online CNP Area Eligibility Waiver Application.

The Area Eligibility waiver was also issued for SSO/SFSP closed enrolled sites. This guidance allows the CDE to waive SFSP/SSO program regulations to collect applications to determine site eligibility. To participate in Area Eligibility for Closed Enrolled Site, an SSO/SFSP sponsor must complete the online application at CNP Area Eligibility Waiver Application.

Please note: For open or closed sites, if you have already applied, you do not need to apply again. However, new sites will require you to submit the application and to update your Child Nutrition Information and Payment System Site Application.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
10/09/20	Area Eligibility CACFP at-risk Sites #68 (PDF)	CACFP At-risk After School Program	06/30/21	Area Eligibility CACFP at-risk Sites #58 (PDF)
10/09/20	Area Eligibility Open Sites #60 (PDF)	SSO, SFSP	06/30/21	Area Eligibility Open Sites #52 (PDF) Area Eligibility #46 (PDF) Area Eligibility #32 (PDF)
10/09/20	Area Eligibility for Closed Enrolled Sites #64 (PDF)	SSO, SFSP	06/30/21	Area Eligibility for Closed Enrolled Sites #48 (PDF) Area Eligibility for Closed Enrolled #14 (PDF)

Meal Pattern

The Meal Pattern waiver allows program operators flexibility for the federal meal pattern requirements. To apply for a meal pattern waiver, visit the CDE Meal Pattern Waiver Application.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
10/09/20	Meal Pattern #63 (PDF)	SSO, SFSP	06/30/21	Meal Pattern #53 (PDF) Meal Pattern #45 (PDF) Meal Pattern #38 (PDF)
10/09/20	Meal Pattern #70 (PDF)	NSLP, SBP, CACFP	06/30/21	Meal Pattern #36 (PDF) Meal Pattern #26 (PDF) Meal Pattern #24 (PDF) Meal Pattern #13 (PDF) Meal Pattern #4 (PDF)

Offer Versus Serve

The Offer Versus Serve (OVS) waiver allows both school food authorities (SFA) and non-SFAs to apply OVS under the rules followed for the SFSP.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
10/09/20	OVS #67 (PDF)	SFSP	06/30/21	OVS #51 (PDF) OVS in SFSP #16 (PDF)
06/25/20	OVS #37 (PDF)	NSLP (Senior High)	06/30/21	None

Monitoring Waivers

The Monitoring Waivers allow program operators and the state agency flexibilities with certain site monitoring requirement.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
10/09/20	Waives First Week Site Visit for Sponsors #65 (PDF)	SFSP	06/30/21	Waives First Week Site Visit for Sponsors #49 (PDF) Waives First Week Site Visit for Sponsors #15 (PDF)
08/31/20	Onsite Monitor for State Agencies (SA) #43 (PDF)	SFSP	09/30/21	Onsite Monitor for SA #31 (PDF) Onsite Monitor for SA #11 (PDF)
08/31/20	Monitoring Waiver #42 (PDF)	SFSP	09/30/21	Monitoring #30 (PDF) Onsite Monitor for SA Sponsors #10 (PDF)
08/31/20	Monitoring Waiver for SA #41 (PDF)	NSLP and SBP	09/30/21	Monitoring #29 (PDF) Onsite Monitor for SA Waiver #9 (PDF)
08/31/20	Monitoring Waiver for SA #40 (PDF)	CACFP	09/30/21	Monitoring #28 (PDF) Onsite Monitor for SA Waiver #8 (PDF)
08/31/20	Monitoring Waiver #39 (PDF)	CACFP	09/30/21	Monitoring #27 (PDF) Monitoring for Sponsors #7 (PDF)

Food Service Management

The Food Service Management waiver provides flexibilities to the federal requirement that food service management company (FSMC) contracts may not exceed one base-year plus four one-year extensions. Under the waiver, SFA and SFSP sponsors may enter into one-year contracts with FSMCs through a noncompetitive proposal. The CDE must still provide prior approval.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
1/06/21	FSMC #71 (PDF)	NSLP, SFSP	6/30/21	FSMC #19 (PDF)

Selected Reporting Requirements

The Reporting Requirements waiver is allowing selected reporting requirements to be waived for SAs and local education agencies.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
01/07/21	Selected CNP Reporting Requirements #72 (PDF)	NSLP and SBP	SY 2020-21	N/A

Additional Expired Federal Waivers

The following USDA waivers have expired:

For all USDA waivers, visit the USDA California: COVID-19 Waivers and Flexibilities web page .

State Waivers

Fresh Fruit and Vegetable Program

The Parent Pick-up Waiver allows SFAs participating in the Fresh Fruit and Vegetable Program (FFVP) to distribute the FFVP snacks to a parent or guardian on behalf of their child(ren) without the child(ren) being present. The Serving FFVP at Alternate Sites Waiver allows SFAs participating in the FFVP to offer the FFVP snacks at non-FFVP school sites (elementary, middle, or high schools) if the FFVP school(s) is closed or does not have meal service.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
09/09/20	Serving FFVP at Alternate Sites for School Year (SY) 2020–21 (PDF)	FFVP	06/30/21	Serving FFVP at Alternate Sites for SY 2019–20
09/09/20	FFVP Parent Pick-up for SY 2020–21 (PDF)	FFVP	06/30/21	Parent Pick-up for SY 2019–20

SFSP Monitoring Waiver

These waivers exempt the review cycle requirements for sponsors in good standing who are operating the SFSP during the COVID-19 pandemic. The waiver would limit the CDE to reviewing new agencies approved to operate the SFSP and any SFSP Operator that experienced significant operational problems in the year prior.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
12/09/20	SFSP Monitoring Waiver (PDF)	SFSP	6/30/21	SFSP/SSO Monitoring Waiver (PDF)

For a list of all COVID-19 USDA state agency waiver requests to the USDA, visit the USDA Waiver Request web page.

USDA Questions and Answers Policy Memos

Notice Date	Policy Memo	Program Applicable to	Description
01/05/21	Policy Memorandum SP 05-2021, CACFP 04-2021, SFSP 04-2021: Q&As #4 (PDF)	All CNPs	This policy memo provides questions and answers related to the Nationwide Waiver to allow SFSP and SSO during School Year 2021.
11/02/20	Policy Memorandum SP 04-2021, CACFP 03-2021, SFSP 03-2021: Q&As (PDF)	All CNPs	This policy memo includes questions and answers intended to provide clarification to state agencies and program operators in the CNPs.
10/23/20	Policy Memorandum SP 03-2021: Fresh Fruit and Vegetable Program Operations for SY 2020-21 during COVID-19 Q&As (PDF)	FFVP Grantees	This policy memo provides questions and answers intended to clarify the operations of the FFVP during the COVID-19 pandemic.
10/14/20	Policy Memorandum SP 01-2021, CACFP 01-2021, SFSP 01-2021: Q&As (PDF)	All CNPs	This policy memo provides clarification related to the operation of the NSLP, SBP, SSO, SFSP, and CACFP during the COVID-19 pandemic.
09/11/20	SP 25-2020, CACFP 14-2020, SFSP 14-2020: Questions and Answers Relating to the Nationwide Waiver to Allow SFSP and SSO through December 2020 (PDF)	All CNPs	This policy memo provides questions and answers relating to the nationwide waiver to allow SFSP and SSO through December 2020.
06/16/20	Families First Coronavirus Response Act (FFCRA) Opt-In Waiver for School Year 2020–2021 National School Lunch Program USDA Foods Entitlement Calculations (PDF)	NSLP	This waiver allows states the option of choosing the meal count from either the prior SY, 2019–20, as is typical, or from two years prior, SY 2018–19, for the USDA’s calculation of Food Distribution Program entitlement. If you have questions please email FoodDistribution@cde.ca.gov
06/03/20	Policy Memo SP 21-2020, CACFP 12-2020, SFSP 12-2020: Questions and Answers related to FSMC Contracts and Allowable Costs during the COVID-19 Pandemic (PDF)	All CNPs	It provides further guidance related to the flexibility provided under COVID-19: Child Nutrition Response #19. Additional questions and answers address documentation requirements for food safety inspections; as well as allowable costs as they pertain to personal protective equipment, provision of noncongregate meal service, staff salaries, and nonrefundable program costs.
05/19/20	Policy Memo SP 18-2020, SFSP 10-2020: SFSP and NSLP SSO Nationwide Waivers–Q&As (PDF)	All CNPs	This document provides clarification on questions related to COVID-19: Child Nutrition Responses #14–17 for SFSP and SSO.
04/21/20	SP 15-2020, CACFP 09-2020, SFSP 08-2020: CNP Meal Service during Novel Coronavirus Outbreaks: Q&As #4 (PDF)	All CNPs	This guidance includes questions and answers to provide clarification on the public health emergency.
04/11/20	SP 14-2020, CACFP 08-2020, SFSP 07-2020: CNP Meal Service during Novel Coronavirus Outbreaks: Q&As #3 (PDF)	CNPs	This guidance includes questions and answers to clarify meal service for the CNPs during COVID-19.
04/11/20	SP 13-2020, CACFP 07-2020, SFSP 06-2020: CNP Nationwide Waivers: Q&As (PDF)	CACFP, SFSP	This guidance includes questions and answers related to Nationwide waivers during the COVID-19 public health emergency.
04/09/20	SP 11-2020, CACFP 06-2020, and SFSP 05-2020: Q&As related to the CNP Monitoring and Reporting Nationwide Waivers (PDF)	CNPs	This guidance includes questions and answers to clarify flexibilities for CNP waivers and to clarify flexibilities of the CNPs during COVID-19.