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2016-17 SBP and SFSP Start-up and Expansion Grants


Nutrition Services Division Management Bulletin

Purpose: Beneficial Information

Date: February 2016

Number: SNP-01-2016, SFSP 01-2016

To: Public School Districts, Direct Funded Charter Schools, and County Superintendent of Schools

Attention: Food Service Director, Chief Business Official, and Chief Financial Officer

Reference: California Education Code Section 49550.3; 2016–17 State Budget Act

Subject: Availability of the School Breakfast Program and Summer Food Service Program Start-up and Expansion Grants for State Fiscal Year 2016–17


This Management Bulletin announces the availability of the 2016–17 School Breakfast Program (SBP) and Summer Food Service Program (SFSP) Start-up and Expansion Grants. The annual state budget appropriates approximately $1.017 million for this grant program. California Education Code, Section 49550.3, authorizes the California Department of Education (CDE) to award competitive grants of up to $15,000 per school site for nonrecurring expenses incurred when initiating or expanding an SBP or SFSP. The following types of grants are available:

  • Start-up grants for costs associated with starting an SBP or SFSP site.
  • Expansion grants for costs associated with increasing program participation at an existing SBP or SFSP site.

The CDE is offering these grants to public school districts, direct-funded charter schools, and county offices of education. Please note that private schools, residential child care institutions, and juvenile detention centers are ineligible to apply for or receive these grants.

Grant Eligibility

A school food authority (SFA) must have a current vendor number on file with the California State Controller’s Office to be eligible for an SBP or SFSP grant. SFAs can obtain a vendor number from the CDE as part of the application process to participate in the National School Lunch Program (NSLP), SBP, or SFSP. To begin the application process, please contact Tara Chambers, School Nutrition Programs (SNP) Specialist, by phone at 916-323-7177 or by e-mail at tchambers@cde.ca.gov. Grant recipients must be approved to participate in the SBP prior to receiving the first grant payment.

In accordance with Title 7, Code of Federal Regulations (7 CFR), Section 210.14(b), an SFA shall limit the net cash resources (NCR) in its food service account to an amount that does not exceed three months’ average expenditures. SFAs exceeding their NCR limit may be ineligible to receive an award. The CDE will examine SFA eligibility on a case-by-case basis. SFAs with excess NCR must submit an explanation with their application.

If an agency is currently participating in any of the federal child nutrition programs, it must be in good standing in the operation of those programs administered by the CDE and in compliance with all related regulations during the application process and any time during the course of the grant period. This means that an agency cannot be documented as having an open serious deficiency in its operation of the Child and Adult Care Food Program (CACFP) or the SFSP, and cannot have an active reimbursement hold in the SNPs related to nonsubmission of or unacceptable corrective action documentation (7 CFR, sections 226.6[c][3][iii], 225.11[c], and 210.24; respectively).

If an SFA knowingly submits false information on its grant application or invoices, the CDE may deny or recover the SFA’s grant funding.

The CDE will provide funding for SBP/SFSP grants as long as funds are available. Please note that the CDE will provide grant recipients with 90 percent of the funding at the time of award and the remaining 10 percent upon approval of all invoices. The CDE will recover funds from SFAs that do not submit invoices for approved budget items within the award time frame.

Eligible SFAs may apply for one or both grant types on their application; however, SFAs may not request both grants for one site. SFAs may include more than one site in a single application, but no more than 10 sites. SFAs may apply for a grant for a locally funded charter school that is operating the NSLP or the SBP under the SFA’s program agreement with the CDE. SFAs may receive a grant for the same site no more than once every three years.

Application Deadline

The CDE must receive hard copies of grant applications with an original signature on or before Friday, March 25, 2016. The CDE will not:

  • Accept any applications received after 5 p.m. on March 25, 2016
  • Process incomplete, illegible, or late applications
  • Accept fax or e-mail submissions
  • Accept “placeholder” applications of any type

SFAs can download the SBP/SFSP grant instructions and application on the CDE SBP/SFSP Grants Funding Profile Web page at http://www.cde.ca.gov/fg/fo/profile.asp?id=3860.

Grant Appeal Procedures

An agency applying for an SBP/SFSP Start-up and Expansion Grant is entitled to an appeal on whether the CDE has sufficient grounds to deny the agency’s application (7 CFR, sections 226.6[k] and 226.12[b][3]). An agency may invoke that right by following the procedures described below.

  • Send a Hearing Request form to:

Program Integrity Unit
Nutrition Services Division
California Department of Education
1430 N Street, Suite 4503
Sacramento, CA 95814

  • The agency’s written request for appeal must be postmarked no later than 15 calendar days after receipt of the notice of denial. Once submitted, the CDE shall acknowledge the receipt of the appeal request within 10 calendar days.
  • There are three types of hearings: written review, written review with oral argument, or oral hearing. An agency may select one of the three types. If the agency does not select a hearing type, a written review will be provided. The three types of hearings are described as follows:

Written Review – If the agency requests a written review of its case, the hearing officer will analyze the written documentation provided by the agency and CDE and render a decision.

Written Review with Oral Argument – In a written review with oral argument, the hearing officer analyzes and renders a decision based on the written statements and documentation provided by the agency and by the CDE. The agency is permitted to come to Sacramento to appear before the hearing officer to explain its case. During the oral argument portion of the proceeding, the agency and the CDE clarifies relevant issues presented in their written statements and documents. Because of the informality of this process, the oral arguments are not considered testimony. The arguments are recorded and the hearing officer may ask questions of either party.

Oral Hearing – An oral hearing, where evidence is taken and witnesses may be called to testify, will be provided only when specified in the appeal request. If the agency requests an oral hearing, the Office of Administrative Hearings (OAH) will schedule a hearing. The agency is formally notified by the OAH of the oral hearing date, time, and place at least 10 days prior to the scheduled appointment. All oral hearings are held in Sacramento.

  • Written documentation for all types of hearings must be submitted within 30 calendar days from the date of receipt of this notice. The written documentation must be sent to:

General Jurisdiction Division
Office of Administrative Hearings
2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833-4231

and

Program Integrity Unit
Nutrition Services Division
California Department of Education
1430 N Street, Suite 4503

Sacramento, CA 95814

  • If a hearing has been requested, the OAH shall provide the agency and CDE with at least 10 calendar days advance written notice (sent by certified mail, return receipt requested) of the time, date, and place of the hearing.
  • The agency may retain legal counsel or may be represented by another person. Failure of the agency’s representative to appear at a scheduled hearing shall constitute the agency’s waiver of the right to a personal appearance before the OAH, unless the OAH agrees to reschedule the hearing or issues a continuance.
  • Any information on which CDE’s action is based shall be available to the agency for inspection from the date of receipt of the request for review.
  • If a written review with oral argument or an oral hearing is chosen, a representative of the CDE shall be allowed to attend the hearing to respond to the agency’s testimony and to answer questions posed by the OAH.
  • The hearing officer shall be an independent and impartial officer, other than and not accountable to, any person authorized to make decisions that are subject to appeal under the provisions of the CACFP.
  • The hearing officer has the authority to select another hearing type if he/she determines the issues cannot be fully discussed or clarified under the hearing type originally selected.
  • The OAH shall make a determination based on information provided by the CDE, the agency, and program regulations. The determination by the OAH is the final administrative determination available to the agency. The agency will be notified of the determination within 60 calendar days from the date the CDE received the request for hearing.
  • The CDE’s action shall remain in effect during the appeal process.               
  • For more information regarding the hearing process, please contact the OAH by phone at 916-263-0550.
Contact Information

Please share this information with your agency’s business personnel as appropriate. If you have any questions regarding SBP/SFSP grants, please contact Tara Masse, SNP Specialist, by phone at 916-323-7177 or by e-mail at tmasse@cde.ca.gov.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Tuesday, January 29, 2019
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