COVID-19 Policy and Waivers in CNPs

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Summary

The U.S. Department of Agriculture (USDA) continues to issue federal policy waivers to provide flexibility on requirements of the Child Nutrition Programs (CNP) during the Novel Coronavirus (COVID-19) pandemic. The USDA has 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:

• CDE Waiver Application Summaries
• Federal Waivers
  • Program Operation
  • Reimbursement
  • Noncongregate Feeding
  • Meal Service Time Flexibility
  • Parent and Guardian Pick-up
  • Community Eligibility
  • Area Eligibility
  • Meal Pattern
  • OVS
  • Monitoring Waivers
  • Food Service Management
  • Local School Wellness Policy Triennial Assessments
  • Selected Reporting Requirements
  • USDA Foods
  • Other Federal Waivers
  • Additional Expired Federal Waivers
• State Waivers
  • Monitoring Waivers in California
• USDA Question and Answers Policy Memos

CDE Waiver Application Summaries

The chart below provides a summary of the required waiver applications to be submitted by CNP Operators in order to participate in the flexibilities offered by the federal and state waivers listed on this page:

Summer 2021 Waiver Applications Summary

Waiver Application	Description	Timeframe
COVID-19 2021 Summer Operations Waiver Extensions Application	Available for SSO, SFSP, and CACFP Operators. Required to operate 2021 summer programs using USDA Child Nutrition (CN) Response Waivers #73–81. Includes noncongregate feeding, mealtime, parent pick up, area eligibility*, first week site visits for the SFSP, offer vs. serve in the SFSP, and meal pattern* flexibilities. *Area eligibility and meal pattern waivers require additional application to be valid (see below).	Must be completed and submitted online prior to adopting the flexibilities allowed under the waiver. Valid through September 30, 2021.
COVID-19 CNP Meal Pattern Waiver Application	Available for National School Lunch Program (NSLP), School Breakfast Program (SBP), and SSO Operators. Required to operate using meal pattern flexibilities provided in USDA CN Response Waiver #74.	Must be completed and submitted online prior to adopting the flexibilities allowed under the waiver. Valid through September 30, 2021.
July 1–December 31, 2021 COVID-19 CACFP Meal Pattern Waiver Application	Available for CACFP operators. Required to operate using meal pattern flexibilities provided in USDA CN Response Waiver #91.	Must be completed and submitted online prior to adopting the flexibilities allowed under the waiver. Valid July 1, 2021, through December 31, 2021.
Summer 2021 CNP Area Eligibility Waiver (Closed)	Available for SSO, SFSP, and CACFP open enrolled and closed sites. Required to operate area eligibility flexibilities provided in USDA CN Response Waiver #80.	Must be completed and submitted online prior to adopting the flexibilities allowed under the waiver. Valid through September 30, 2021.

School Year (SY) 2021–22 Waiver Applications Summary

Waiver Application	Description	Timeframe
SY 2021–22 Nutrition Services Division Initial Waiver Elections Application	Available for SSO, NSLP, SBP, and CACFP Operators. Annual Waivers: Includes SSO operation, SFSP reimbursement, offer versus serve high school, area eligibility afterschool flexibilities provided by USDA CN Response Waivers #85, #92, and #93. Limited Use Waivers: Includes noncongregate meals, mealtime, parent pick- up, on-site monitoring, meal pattern flexibilities provided by USDA CN Response Waivers #87–91, #94, and #96. Meal pattern waivers require additional applications to be valid (see below).	Must be completed and submitted online prior to adopting the flexibilities allowed under the waiver. Annual Waivers: Valid the entire 2021–22 SY, July 1, 2021, through June 30, 2022. Limited Use Waivers: Valid July 1, 2021, through December 31, 2022; except meal pattern waiver which begins October 1, 2021.
COVID-19 CNP Meal Pattern Waiver Application	Available for SSO, NSLP, and SBP Operators. Required to operate using meal pattern flexibilities provided in USDA CN Response Waiver #74. Note: This application also serves as meal pattern waiver application for summer 2021; you only need to complete one waiver application for summer and school year operations through September 30, 2021.	Valid through September 30, 2021. The School Nutrition Programs (SNP) Meal Pattern Waiver Application for October 1, 2021, through June 30, 2022, is not yet available.
July 1–December 31, 2021 COVID-19 CACFP Meal Pattern Waiver Application	Available for CACFP Operators. Required to operate using meal pattern flexibilities provided in USDA CN Response Waiver #91.	Must be completed and submitted online prior to adopting the flexibilities allowed under the waiver. Valid July 1, 2021, through December 31, 2021.
Local School Wellness Policy (LSWP) Triennial Assessment Waiver Application (Closed)	Available for NSLP and SBP Operators. Required to extend the LSWP Triennial Assessment deadline to June 30, 2022, provided under USDA CN Response Waiver #98.	Must have been completed and submitted by June 30, 2021. Valid July 1, 2021, through June 30, 2022.

Federal Waivers

Program Operation

The Program Operation waivers address certain aspects of specified CNP operations, including program type and applications.

Reimbursement

These policies provide guidance regarding reimbursement of meals and snacks served during the COVID-19.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
04/20/21	SSO Reimbursement Rates SY 2021–22 #86 (PDF)	SSO	06/30/22	N/A
04/09/21	Reimbursement for Meals and Snacks Served to Young Adults in the Child and Adult Care Food Program: Implementation Guidance for State Agencies CACFP 08-2021 (PDF)	CACFP	Last day of the federally-declared public health emergency	N/A
04/02/21	Nationwide Waiver to Allow Sponsors that Successfully Participated in the SFSP in Fiscal Year (FY) 2019 to Operate as Experienced Sponsors in FY 2021 #83 (PDF)	SFSP	09/30/2021	N/A
01/26/21	Child Nutrition Program (CNP) Emergency Operating Costs During COVID-19: Implementation Guidance for State Agencies SP06 CACFP05-2021	CNPs	N/A	N/A

Noncongregate Feeding

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

Meal Service Time Flexibility

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

Parent and Guardian 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.

Community Eligibility

The USDA Food Nutrition Service (FNS) extended statutory and regulatory deadlines relating to Community Eligibility Provision reporting and election during the public health emergency due to COVID-19.

Notice Date	Waiver	Program Applicable to	Expiration Date	Previous Waivers
03/26/21	Community Eligibility Provision Deadlines #82 (PDF)	NSLP, SBP	09/30/21	N/A

Area Eligibility

The Area Eligibility waiver provides flexibility to the requirements that open sites in the SSO/SFSP 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 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.

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.

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.

Monitoring Waivers

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

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, SFAs and SFSP Sponsors may enter into one-year contracts with FSMCs through a noncompetitive proposal. The CDE must still provide prior approval.

Selected Reporting Requirements

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

USDA Foods

This waiver allows states to continue to use SY 2018–19 Total Lunches Served data to calculate the estimated entitlement for SY 2021–22 for all recipient agencies during the upcoming ordering period. This waiver also specifies that the USDA will not conduct the annual reconciliation process in November 2021; as a result, SY 2021–22 entitlement will not be updated to SY 2020–21 NSLP lunches served data.

Other Federal Waivers

• COVID–19: Child Nutrition Response #73 : Summer Operations Cover Memo

Additional Expired Federal Waivers

The following USDA waivers have expired:

• Review Requirements for SA #20 (PDF)

• Waiver Educational Enrichment #3 (PDF)

• Extend Community Eligibility Provision Deadlines #6 (PDF)

• Extend Claims for January and February #12 (PDF)

• Delay Transition to Summer #21 (PDF)

• Program Operation #56 (PDF), #59 (PDF)

• Reimbursement for Meals Served Prior to Notification of Approval #57 (PDF), #69 (PDF)

• Noncongregate Feeding #2 (PDF), #22 (PDF), #33 (PDF)

• Meal Service Time Flexibilities #1 (PDF), #23 (PDF), #34 (PDF)

• Parent Pick-up #5 (PDF), #25 (PDF), #35 (PDF)

• Area Eligibility CACFP At-risk sites #58 (PDF), #68 (PDF)

• NSLP, SBP, CACFP Meal Pattern #4 (PDF), #13 (PDF), #24 (PDF), #26 (PDF), #36 (PDF), #70 (PDF)

• SSO, SFSP Meal Pattern #38 (PDF), #45 (PDF), #53 (PDF), #63 (PDF)

• OVS in NSLP Senior High Schools #37 (PDF)

• FSMC #19 (PDF), #71 (PDF)

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

State Waivers

Monitoring Waivers in California

These waivers exempt certain state agency review requirements for program operators who are in good standing and operating the CNP’s during the COVID-19 pandemic.

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

USDA Questions and Answers Policy Memos