COVID-19 Guidance in the Child Nutrition Programs

Background

Pursuant to the Families First Coronavirus Response Act, as extended by the Continuing Appropriation Act, 2021 and Other Extensions Act, and based on exceptional circumstances of the public health emergency related to COVID-19, the USDA is authorized to waive certain requirements for all federal CNPs.

As the pandemic persists, the USDA Food and Nutrition Service continues to release waivers and guidance to state agencies and program operators so that they can continue offering students nutritious and healthy meals and snacks to using appropriate safety measures.

Please refer to the CDE CNP COVID-19 Policy web page for updated information.

Policy

The USDA continues to issue multiple federal policy waivers to provide flexibility on requirements of the CNPs during the COVID-19 pandemic. The USDA has also approved state-specific waivers submitted by the CDE to further address regulatory flexibility during this time. Examples of requirements addressed in CNP waivers include: program operations, noncongregate feeding, meal service time flexibility, parent pick-up, area eligibility, meal pattern, offer versus serve (OVS), monitoring, food service management, and review requirements for state agencies.

To access the policy memos and waivers, visit the CDE COVID-19 Policy and Waivers in CNPs web page.

Child Nutrition Program Operations

Provides COVID-19 related implementation guidance for program operators of the School Nutrition Programs (SNP) that operate the NSLP and the SBP during the School Year (SY).

Since the start of the COVID-19 pandemic, the USDA Food and Nutrition Service (FNS) has released and approved a number of federal and state-specific waivers to support SNP Operators to preserve student access to school meals and to streamline administrative requirements. As students return to in-person instruction and SNP Operators offer on-site, congregate meal service, the FNS has released additional waivers to assist with the transition.

• Waiver Applications
• Administrative Waivers
• Meal Service Waivers when there is a direct impact by COVID-19
• Noncongregate Feeding
• Home Delivery
• Meal Time Flexibilities
• Parent or Guardian Pick-up
• Meal Pattern Flexibilities
• Offer versus Serve
• Monitoring Requirements During COVID-19
• Serving at Alternate Sites Waiver
• Unanticipated School Closures
• At-a-Glance Comparison Chart
• Communication to Families
  

SY 2022–23 Waiver Applications Summary

Once you have opted into any of the waivers listed below, they are valid for the entire 2022–2023 SY, if needed SFAs are encouraged to proactively opt into these waivers.

Waiver Applications

The California Department of Education (CDE) Nutrition Services Division (NSD) received approval from the U.S. Department of Agriculture (USDA) for a number of state-specific waivers. In addition, there are also nationwide waivers providing needed meal service and administrative flexibilities for SY 2022–23 operations of the:

• National School Lunch Program (NSLP)
• School Breakfast Program (SBP)
• Special Milk Program (SMP)
• Fresh Fruit and Vegetable Program (FFVP)
• Seamless Summer Option (SSO)*
• Summer Food Service Program (SFSP)*

*Note that waivers for SSO and SFSP apply only during unanticipated school closures.

While you may opt into these waivers at any time during the 2022–23 SY, the CDE recommends that School Nutrition Program (SNP) Operators proactively complete the application as soon as possible. You do not need to be experiencing an unanticipated school closure in order to opt in to those waivers, you may proactively secure these flexibilities so that they are available in the event that you need them. Additionally, you may also update your SY 2022–23 waiver selections by submitting additional applications as needed.

Participation in any waiver is optional. You may continue to operate NSLP and SBP as per regulations without the flexibilities offered through the waivers if you wish. However, you must opt into these waivers in order to use the meal service flexibilities provided.

COVID-19 Limited Use Waivers

The USDA approved state-specific waivers for noncongregate meals, parent pick-up, meal service times, and offer versus serve to support access to nutritious meals when SNP Operators are faced with meal service disruptions and challenges due COVID-19.

As a result, these state-specific waivers may only be used when a Program Operator’s meal service is limited by the COVID-19 pandemic. Limitations can include, but are not limited to the following:

• School or site closure due to COVID-19
  
  
• Classroom quarantine due to COVID-19
  
  
• Student illness or quarantine due to COVID-19
  
  
• Staff shortages due to COVID-19 illness or quarantine
  
  
• Mandate or recommendation from national, state, or local governing body not to congregate due to COVID-19
  
  
• Service to groups where the majority are unvaccinated (for example, immune compromised groups).
  
  
• Documented delays in obtaining supplies and equipment due to COVID-19 that prevents the ability to provide congregate meal service
  

Annual Elections: Valid for the Entire 2022–23 SY

The SY 2022–23 School Nutrition Program Waiver Elections survey is currently available online and contains a number of meal service and administration waivers. This survey will be open through June 30, 2023.

You may opt into the 2022–23 SY waivers at any time and they are valid for the entire 2022–23 SY, if needed. Note that the USDA requires that the following waivers be used only when congregate meal service is limited by the COVID-19 pandemic: noncongregate meal service, meal time flexibilities, parent and guardian pick-up, and offer versus serve. More information on these “limited use” waivers can be found below.

If you use the flexibilities allowed by any waivers in your operations, you must have an integrity plan. An Integrity Plan Guide is available in the Resources tab of this web page.

The CDE NSD also wants to remind all program operators that there are procurement flexibilities provided by Title 2, Code of Federal Regulations, Section 200.320(f)(2), Noncompetitive Procurements Resulting from a Public Emergency. Also note that if these flexibilities are used, SFAs must continue to document procurements and maintain those records for the appropriate amount of time. For questions regarding this subject, contact the Procurement Resources Unit by email at SFSContracts@cde.ca.gov. Please also review the COVID-19 FAQ web page related to procurement.

Administrative Waivers

The USDA has approved a series of California (CA) state-specific waivers for SY 2022–23 to support Program Operators by reducing school nutrition program administrative workload, allowing greater time to support meal service. The administrative waivers for SY 2022–23  are listed below. 

• Local School Wellness Policy Triennial Assessment - this waiver allows SFAs whose local school wellness policy triennial assessment is due June 30, 2022 a one-year extension to June 30, 2023.
  

• Use of Prior Year Eligibility Determinations for SY 2022–23 - Provides flexibility for sites that operated SSO in SY 2021–22 . If no recent eligibility determination exists, Program Operators can utilize free and reduced-price meal data from SY 2019–20 to establish the 30-day carryover for SY 2022–23. (Valid July 1, 2022–June 30, 2023).
  

• Community Eligibility Provision (CEP) Identified Student Percentage (ISP) Data - Waives the requirement for Program Operators to use April 1 data for calculating Identified Student Percentages (ISP). Program Operators may calculate ISPs using data drawn any time during the prior SY (July 1, 2021–June 30, 2022).

• CEP Election Deadline Flexibility for SY 2022–23 -Waives the requirement for LEAs to notify the State Agency and submit Identified Student Percentage (ISP) documentation by June 30 of the current school year. Instead LEAs that intend to elect CEP for SY 2022–23 must submit ISP documentation to State agency by September 30, 2022.

Meal Service Waivers

Noncongregate Feeding

The CA state-specific waiver for noncongregate feeding is a “limited-use” waiver that supports access to nutritious meals while congregate meal service is impacted by COVID-19. The waiver is available for use in limited circumstances for NSLP, SBP and the SMP for SY 2022–23.  Additionally, a noncongregate feeding waiver has also been issued for use during unanticipated school closures occurring between October 1, 2022, and April 30, 2023. If you use the noncongregate feeding waiver flexibilities, maintain documentation of the impact of COVID-19 on your congregate meal service as well as the duration the flexibilities were used.

Home Delivery

Home delivery may still occur during SY 2022–23 under very limited circumstances, such as when congregate meal service is impacted by COVID-19 and during unanticipated school closures. Program Operators must have opted into the noncongregate meal, meal service time, and parent and guardian pick up in order to conduct home delivery of meals. Remember that an Integrity Plan is also required when these waivers are used.

Delivery of meals can be completed by delivery service or hand-delivered by school staff. This option is only available to program operators serving students of their own school sites during unanticipated school closures or while congregate meal service is impacted by COVID-19 due to student confidentiality regulations.

Before initiating a home meal delivery service, schools must obtain written consent from households of eligible children. This consent can be obtained through email or other electronic means. During this process, schools should also confirm the household’s current address and confirm the number of eligible children in the home to ensure the correct number of meals are delivered to the correct location. When address changes or updates are noted, it is advised that SFA staff update these records in both the point-of-sale system and in California Longitudinal Pupil Achievement Data System (CALPADS) to ensure that future meals and other benefits are sent to the correct location.

When delivering meals, schools may use a distribution approach that includes meals for multiple days. In such instances, the district should ensure that proper food safety measures and social distancing guidelines are in place. Children do not need to be present for home delivery of meals as long as the school has obtained the household’s written consent. SNP operators should always consider state and local food safety requirements and best practices.

For more information about meal delivery options, review the CDE COVID-19 FAQs web page related to Meal and Snack Distribution and Pick Up.

Meal Time Flexibilities

The CA state-specific waiver for meal service time flexibility is a “limited-use” waiver that supports access to nutritious meals while congregate meal service is directly impacted by COVID-19. A meal service time flexibility waiver has been issued for NSLP and SBP. A meal service time flexibility waiver has also been issued for use during unanticipated school closures occurring between October 1, 2022, and April 30, 2023. These flexibilities allow schools to provide meals outside of the prescribed meal service time requirements. If you use the meal service time waiver flexibilities, maintain documentation of the impact of COVID-19 on your congregate meal service as well as the duration the flexibilities were used.

Note: program operators are still required to establish meal service distribution times for each site approved in the Child Nutrition Information and Payment System (CNIPS).

Parent or Guardian Pick-up

The CA state-specific waiver for parent or guardian pick-up is a “limited-use” waiver that supports access to nutritious meals while congregate meal service is directly impacted by COVID-19. This waiver allows eligible program operators to distribute meals to a parent or guardian to take home to their children. A parent or guardian pick-up waiver has been issued for NSLP, SBP, SMP and the FFVP. A parent or guardian pick-up waiver has also been issued for use during unanticipated school closures occurring between October 1, 2022, and April 30, 2023.

To participate in the Parent Meal Pick-up Waiver while congregate meal service is directly impacted by COVID-19 or during an unanticipated school closure, the following must be in place and retained:

• Program operators must have a written plan to ensure they are able to maintain accountability and program integrity. (Integrity Plan Guides are available on the Resources tab of this web page.) This plan can include strategies such as using point-of-service systems, sign in sheets, requesting parent, guardian, or authorized individuals to identify the age, grade, or classroom teacher, asking for a student identification number, and posting guidelines for parents to see and follow.
  
  
• Program operators must have a written process in place to ensure:
  1. Meals are distributed only to parents, guardians, or authorized individuals of eligible children, and
  2. Duplicate meals are not provided for any child.

Meal Pattern Flexibilities

There are no meal pattern flexibilities for SY 2022–23.  The USDA however, did release a nationwide waiver, Fiscal Action Flexibilities for Meal Pattern Violations Related to COVID-19, (Nationwide Waiver #110) (PDF) that provides flexibility to state agencies to not apply fiscal action for missing food components or missing production records and for repeated violations involving milk type and vegetable subgroups if the Program Operator can demonstrate that these violations are related to COVID-19 supply chain disruptions. If your agency is experiencing supply chain disruptions due to COVID-19 and that impact your ability to meet the meal pattern requirements, maintain documentation to provide to the CDE upon request.

Offer Versus Serve (OVS)

The CA state-specific waiver for OVS is a “limited-use” waiver that supports program operators when congregate meal service is directly impacted by COVID-19. A waiver for OVS has been issued for high schools serving NSLP and SBP. An OVS waiver has also been issued for use during unanticipated school closures occurring between the start of the SY and April 30, 2023. These flexibilities waive the requirement for high schools to participate in OVS. If you use the OVS waiver flexibility, maintain documentation of the direct impact of COVID-19 on your congregate meal service as well as the duration the flexibilities were used.

Monitoring Requirements During COVID-19

Onsite monitoring is a critical part of a sponsor’s ability to ensure the sites they administer comply with the regulations and policies involving the service and safety of meals to their local communities.

The USDA has waived the on-site monitoring requirement until 30 days after the U.S. Department of Health and Human Services (DHHS) has declared the end of the public health emergency, and is allowing the site visit monitoring to be conducted remotely.

Serving at Alternate Sites Waiver

The USDA has approved two CA state-specific waivers for SY 2022–23 that address site-specific service requirements:

• Serving FFVP at Alternate Sites Waiver: allows SFAs participating in the FFVP to offer FFVP snacks to elementary school children at non-FFVP school sites (elementary, middle, or high schools) if the FFVP school is closed or does not have meal service. Effective July 1, 2022, to June 30, 2022. This is a “limited-use” waiver and flexibilities may only be used when congregate meal service is directly impacted by COVID-19 or during an anticipated school closure.
  
  
• Meal Service at School Sites for Unanticipated School Closures: waives the requirement that limits SSO and SFSP operations during an unanticipated school closure to a non-school site. Effective October 1, 2022 through April 30, 2023. This is a “limited-use” waiver and flexibilities may only be used during an anticipated school closure.

Unanticipated School Closures

The USDA has approved a series of CA state-specific waivers for SY 2022–23 to support continued access to nutritious meals during unanticipated school closures. Many of these waivers have been mentioned previously based on subject matter addressed and are repeated below to ensure a comprehensive listing of meal service flexibilities available during unanticipated school closures:

• First Week Site Visits (SFSP)- Valid from the start of SY 2022–23 through April 30, 2023.
  
  • Waives the requirement for SFSP operators to visit each of their sites at least once during the first week of operation. Program operators are still required to conduct a full review of food service operations at each site within the first four weeks of operations, as well as maintain a reasonable level of site monitoring.
    
    
• Noncongregate Meal Service (NSLP and SBP)- Effective October 1, 2022, through April 30, 2023.
  
  
• Meal Time Requirements (SFSP and SSO)- Effective October 1, 2022, through April 30, 2023.
  
  
• Parent and Guardian Pick-Up (SFSP and SSO)- Effective October 1, 2022, through April 30, 2023.
  
  
• OVS (SFSP)- Valid from the start of SY 2022–23 through April 30, 2023.
  
  
• Meal Service at School Sites for Unanticipated School Closures- Effective October 1, 2022, through April 30, 2023.

At-a-Glance Comparison Chart

The USDA has developed a comparison table to assist program operators as they transition from SY 2021–22 operations under COVID-19 nationwide waivers and flexibilities to operations designed around their own unique circumstances for SY 2022–23. This at-a-glance comparison chart provides an overview of how specific program flexibilities have changed since SY 2021–22 and the flexibilities available for the upcoming school year. The chart is available on the USDA website at: School Meals Programs Comparison Table of Flexibilities for School Year 2021–22 and School Year 2022–23 .

Communication to Families

In order to ensure that parents, guardians, and students are aware of the availability of meals, schools and community organizations should communicate as widely as possible and in multiple languages. Communication strategies to consider include:

• Public announcements on radio or television
• Email blasts
• Social media messages
• Automated phone calls
• Website announcements
• Newspaper notifications
• Community partner newsletters
  • Food banks
  • Mayor’s Office
  • Boys and Girls Club
  • YMCA
  • Community centers
  • Faith-based organizations

Reimbursements

The federal reimbursement program discussed in the entries below does not require program operators to complete an application.

Emergency Operational Costs Reimbursement

• Overview
• Background
• Eligibility
• Compliance
• Application Information
• Reimbursement Payments
• Reimbursement Calculations
• Using Reimbursement Funds
• Additional ECR Information—CACFP Only
• Contacts

Overview

On January 26, 2021, the USDA Food and Nutrition Service (FNS) released Policy Memorandum SP-06, CACFP-05-2021, CNP Emergency Operating Costs During COVID-19: Implementation Guidance for State Agencies . The Consolidated Appropriations Act of 2021 (the Act), made federal funding available through state agencies to program operators of the NSLP, SBP, and CACFP for the purposes of covering emergency operational costs reimbursement (ECR) incurred from March–June 2020 due to the COVID-19 public health emergency. Operational costs related to meal service under the SSO and the SFSP during this same time period, and as a result of the flexibilities under COVID-19: Child Nutrition Response #59 , are included in this program as well. These funds have already been provided to qualifying program operators through two temporary reimbursement programs: School Nutrition Programs (SNP) ECR Program and the CACFP ECR Program.

This funding did not include the following programs: Special Milk Program, Fresh Fruit and Vegetable Program, and funds received through grant opportunities like the NSLP Equipment Assistance Grants or standalone and non school operators of SFSP.

Please note: This funding opportunity is now closed. The information on this web page is available for reference only.

Background

On January 26, 2021, the USDA FNS released Policy Memo CNP Emergency Operating Costs During COVID-19: Implementation Guidance for State Agencies . On March 15, 2021, the USDA FNS released subsequent guidance and questions and answers titled: Child Nutrition Emergency Operational Costs Reimbursement Programs: State Agency Implementation Plan Template and Q&A Guidance . Additionally, on August 11, 2021, USDA FNS released a third set of Question and Answers, titled Child Nutrition Emergency Operational Costs Reimbursement Programs: Q&As #3 .

To participate, state agencies must opt-in by submitting an application to FNS and then later provide a more detailed implementation plan. The CDE Nutrition Services Division (NSD) has already submitted an application to USDA FNS as well as the required Implementation Plans. CNP Operators do not need to submit an application to either the CDE or USDA FNS to participate in this program.

Eligibility

Please note: This funding opportunity is now closed. The information on this web page is available for reference only.

SNP ECR Program

In order for school food authorities (SFAs) to be eligible to receive payments under this program, SFAs must have a current program agreement with the CDE, operations must have been impacted by COVID-19 during any month March–June 2020, and you must have filed a valid NSLP/SBP/SFSP/SSO meal claim through the Child Nutrition Information and Payment System (CNIPS) as detailed below:

• Any month March–June 2019 or January or February 2020; and
  
• Any of the months of September 2020 through present or provide assurances to CDE that you will file a claim for a month that occurs during the first full semester or equivalent term following the end of the public health emergency.

Note: standalone or non school operators of the SFSP are not eligible to receive payments through this program.

CACFP ECR Program

CACFP operators eligible to receive payments under this program include institutions (day care homes, sponsoring organizations, independent child care centers, adult care centers, outside-school-hours care centers, at-risk afterschool centers, and emergency shelters), unaffiliated centers, and/or day care homes, who have a current program agreement with the CDE, whose operations were impacted by COVID-19 during any month March–June 2020 and who have filed a valid meal claim through CNIPS as detailed below:

• Any months March–June 2019 or January or February 2020; and
  
• Any of the months of September 2020 through present or provide assurances to the CDE that you will file a claim within the first 90 days after the end of the public health emergency.

Program operators participating in the School Nutrition ECR Program can also receive payments through the CACFP ECR Program if they meet the eligibility requirements.

Compliance

The SNP and CACFP Operators and all institutions receiving ECR funds will be required to provide and maintain information on how the funds were spent or the plans for spending them. The CDE issued a survey to participating program operators to collect this information in January 2022.

Application Information

Program operators of the SNP and CACFP do not need to fill out an application to receive the ECR funding. The CDE already has an approved application with the USDA on behalf of all SNP and CACFP Operators.

Reimbursement Payments

Funds for both SNP and CACFP ECR Programs were distributed to program operators by the January 31, 2022 deadline. Please note that while funds must be offered to all eligible program operators, program operators can choose to reject some or all of the funds offered.

Payment details are reflected within the 2020–21 Payment Summary section of the CNIPS . Payments were distributed December 17, 2021.

Reimbursement Calculations

The amount of funding provided to each program operator is determined by a formula established under the Act. The CDE automatically calculated and disbursed all reimbursement amounts to eligible SNP Operators, CACFP institutions, and sponsoring organizations (Day Care Home [DCH] Sponsors, Sponsors of Unaffiliated Centers [SOUC] and Sponsors of Independent Centers [SOIC]). DCH Sponsors and SOUCs then calculated and disbursed all reimbursement amounts to eligible sites and providers (See Additional ECR Information—CACFP Only section below).

The reimbursement amount is approximately equal to 55 percent of lost revenue by month from April–June 2020, as compared to those same time periods in 2019. For March 2020, the reimbursement amount is approximately equal to 27.5 percent of lost revenue as compared to March 2019.

Since there are program operators that were not operating in 2019, two categories of operators were developed, those that are classified as “new program operators” and those that are classified as “all other program operators.” Each category has its own calculation formula that determines the reimbursement owed to the program operator.

A “new program operator” is defined as one that is operating for the first time, and generally speaking, did not file claims during the reference period of March-June 2019 because they were not yet participating in the CNP. When there is no 2019 reference month for comparison, “new operators” will use the average of January and February 2020 reimbursement amounts in place of the 2019 reference month. If the program operator has only one month January or February 2020, a ‘zero’ for the missing month will be used to calculate the average. In some cases, an agency may not have participated in the CNP during the early months of the reference period but then started their participation during the later months of the reference period. These agencies would use a combination of the “new program operator” and “all other program operators” formula to calculate reimbursements. Conversely, if an operator started their operations during the initial months of the reference period but then did not operate in the later months of the reference period, then all reimbursement months would utilize the “all other program operators” calculation formula.

The reimbursement for “all other program operators” is calculated by subtracting the total reimbursement amount for the reference month 2020 from the reimbursement amount from the corresponding 2019 month and multiplying by 55 percent.

Categories are determined on a month by month basis for each of the months in the March–June 2019 reference period.

Sample Calculations

April 2020 ECR Amount:

• “All other program operators”
  
  • (April 2019 Reimbursement – April 2020 Reimbursement) x 0.55
• “New program operator”
  
  • [(Average of January and February 2020 Reimbursement) – (April 2020 Reimbursement)] x 0.55

There are a few special circumstances related to payment calculations:

• For the month of March 2020, the total amount of calculated reimbursement is divided by two.
• If the calculation for any given month results in a negative number, then the program operator will not receive emergency funds for that month.

For examples of each type of calculation, please refer to the USDA Q&A for Program Reimbursement for Emergency Operational Costs for Child Nutrition Programs during the COVID-19 Pandemic .

Using Reimbursement Funds

ECR funds may be used to reimburse any local source of funds that supplemented the nonprofit school food service account or the CACFP nonprofit food service account during the reimbursement period to offset the impact of pandemic operations on that account. The program operator must maintain documentation supporting these reimbursements for future audit or oversight purposes. Any remaining funds must be deposited in the nonprofit school food service account or the CACFP nonprofit food service account and be used in accordance with normal program requirements. The CDE issued a survey in English and Spanish to program operators to obtain this information in January and February 2022.

Accounting

If ECR funds are used to reimburse local sources of funds that supported the CACFP or the SNP during March–June 2020, program operators must track and maintain documentation of the use of these ECR funds separately from CACFP and SNP reimbursement.

If your agency uses the California School Accounting Manual resource codes to report and maintain financial data, the CDE created a new standardized resource code to record CACFP and SNP ECR funds. Please ensure the revenue is first deposited into the CACFP nonprofit food service account or the school food service account using the resource codes below:

• Resource Code 5460, Child Nutrition: CACFP COVID-19 Emergency Operational Costs Reimbursement
• Resource Code 5465, Child Nutrition: SNP COVID-19 Emergency Operational Costs Reimbursement
  
• Revenue Object Code 8220 (Child Nutrition Programs)

Please note: Once deposited into the CACFP nonprofit food service account or school food service account, ECR funds do not need to be tracked separately from CACFP or SNP reimbursement unless they are used to reimburse a local funding source as described above. Additionally, funds may only be used for the CNP for which they were awarded. SNP ECR funds must be used for the operation of the SNPs, and likewise, CACFP ECR funds can only be used to support the operation of the CACFP. These funds cannot be combined across programs or be used for purposes other than supporting the CNP for which they were awarded.

Indirect Costs

For SNPs, indirect costs can be applied to ECR funds. California Education Code, Section 38101(c) limits food service program indirect costs to amounts derived using the lesser of a school district's approved indirect cost rate or the statewide average indirect cost rate, which is posted on the CDE Indirect Cost Rates web page. Each district should compare this statewide average rate with its individual indirect cost rate to determine the lesser rate for use with this program.

For the CACFP, the indirect cost rate for the CACFP is the indirect cost rate awarded to a center sponsor by its cognizant agency. In the case that the center sponsor was not previously awarded an indirect cost rate, then it may elect to apply the di minimus cost rate of 10 percent.

Reporting Use of ECR Funds

As a condition of receiving the SNP and CACFP ECR funds, program operators are required to report on the use of these funds. The CDE developed an online survey that, once completed, fulfills this reporting requirement.

Use of Funds Survey.

Deadline: January 31, 2022; Extended to March 4, 2022

This survey is now closed.

Returning ECR Funds

The ECR Program is voluntary. If you have questions about returning funds, please contact the CDE by sending an email to ECR@cde.ca.gov.

Assurance Statements

Completing and Submitting Assurances Statements

Agencies who were identified as eligible for the SNP ECR or the CACFP ECR Program but have not resumed services were still able to participate by submitting an Assurance Statement to the CDE noting that they will resume services. The CDE issued a listserv on June 16, 2021, with a link to the Assurance Statement where agencies could indicate that they will resume operations within the timeframes indicated below:

• For SNPs: A month occurring during the first full semester or equivalent term following the end of the public health emergency
• For the CACFP: Withinthe first90 days after the conclusion of the public health emergency

For updates on the status of the public health emergency, please refer to the U.S. Department of Health and Human Services Public Health Emergency web page .

Resuming Operations

Once the Department of Health and Human Services federal public health emergency declaration for the Coronavirus disease 2019 (COVID-19) public health pandemic has expired, program operators who qualified for ECR funding using an Assurances Statement must resume services as stated above. If program services are not resumed, the CDE may seek recovery of ECR funds.

DCH Sponsors and SOUCs who distributed funds to their sites and providers, please see additional information below regarding collecting and tracking of Assurances Statements.

Additional ECR Information—CACFP Only

The CDE calculated reimbursement amounts for institutions, DCH Sponsors, and SOUCs based on site level information provided by sponsoring agencies. Additional responsibilities for CACFP Sponsors are outlined below.

Overview of Sponsor Role

DCH Sponsors and SOUCs are required to support site and provider participation in this program by:

• Determining the eligibility status of each provider or site
  
• Conducting outreach to closed providers and sites to determine whether or not they wish to participate and plan to resume meal service
  
  • If providers plan on resuming CACFP services, collecting and maintaining an assurance statement
    
• Completing the Sponsor Calculations Worksheet
• Complete Use of Funds survey available in English and Spanish, distribute survey to sites and providers, and encourage completion
• Verification of funds disbursed to sites/providers
  
  • Resubmit the updated Sponsor Calculations Worksheet and Certification Statement to the CDE.
• For all agencies within their sponsorship that qualified for ECR funding through an Assurance Statement, provide information regarding the resumption of CACFP services following the end of the expiration of the COVID-19 public health pandemic declaration.

If an SOUC does not distribute funds to their sites/providers but instead, operates their program with a centralized, aggregated budget, then they are exempt from completing the Sponsor Calculations Worksheet. In such cases, the CDE calculated and disbursed ECR reimbursement funds directly to the agency.

The CDE hosted a CACFP ECR Funds Training in May 2021, outlining the process for sponsors to determine site/provider eligibility and reimbursement.

ECR Sponsor Calculations Worksheet

The ECR Sponsor Calculations Worksheet is a template excel file used by CACFP Sponsoring Organizations of DCHs (Form ID, CACFP 93) and Unaffiliated Centers (Form ID, CACFP 94) to track and determine eligibility of sites and providers, calculate reimbursement payments, and maintain assurance statements for those sites/providers who elect to submit an assurance statement (see Assurance Statements below).

This file was required be completed and returned to the CDE ECR@cde.ca.gov inbox by July 16, 2021. Supporting documentation for the meal claim reimbursements noted in the ECR Sponsor Calculations Worksheet should be available upon request.

If an SOUC does not distribute funds to their sites/providers but instead, operates their program with a centralized, aggregated budget, then they are exempt from completing the Sponsor Calculations Worksheet. In such cases, the CDE calculated and disbursed ECR reimbursement funds directly to the agency.

The CDE submitted the ECR Sponsor Calculations Worksheets to the USDA for their review and approval. The CDE then awarded the sponsor the amount of funds listed in the ECR Sponsor Calculations Worksheet. The sponsor then used the approved ECR Sponsor Calculations Worksheet to document the date and amount of funds distributed to sites and providers, as well as to document any agencies refusing funds; the ECR Sponsor Calculations Worksheet was then resubmitted along with a certification statement to the CDE by February 11, 2022.

Assurance Statements

The ECR Program requires that all CACFP Operators who have not yet resumed services, but who are otherwise eligible for the program, be given the opportunity to confirm their eligibility. If a provider or site operated any months March–June 2019, or January or February of 2020, they are potentially eligible for this voluntary program. Program operators that provided assurance statements that they would resume CACFP operations and file a meal claim within 90 days of the end of the public health emergency received reimbursement through this program. For updates on the status of the public health emergency, please refer to the U.S. Department of Health and Human Services Public Health Emergency web page .

Statements of assurances were collected by DCH Sponsors and Unaffiliated Center sponsoring organizations, prior to disbursement of ECR funds. All assurance statement documentation, including examples of outreach to closed centers or providers, should be kept on-site and readily available upon request. Statement of assurances must include the following criteria:

• Be in writing (all forms of written communication are acceptable, including web-based/digital formats)
• Be signed by the site/provider and contain their contact information
• Display the date on which the assurance was submitted to the sponsor
• Acknowledge that the state agency may seek recovery of funds from the CACFP sponsoring organization should the site/provider fail to resume operations within the applicable timeframe

The CDE developed an assurance statement template, and agencies were also able to customize a form, as long as it contained all the requirements listed above. Assurance statements were collected and documented in the Sponsor Calculations Worksheet, which was due to the CDE by July 16, 2021.

For CACFP providers who hold an agreement with the state agency, such as Independent Centers and Center Sponsors, the period to provide assurances has closed.

Administrative Fees

This federal program includes administrative support for DCH Sponsors and SOUCs.

• Administrative reimbursements for DCH Sponsors were automatically calculated and disbursed to DCH Sponsors by the CDE.
  
  
• SOUCs could retain up to 15 percent of total site meal reimbursement amounts per their agreement for sponsor administrative costs. The Sponsor Calculations Worksheet assisted SOUCs with calculating the administrative fees they could retain from reimbursements generated through this program.
  
  
• The ECR Program does not provide administrative reimbursement for Independent Centers (CACFP agencies overseeing one site).

Contacts and Additional Information

The CDE NSD is providing FAQs to help clarify both state and federal policy and operational questions for program operators in the CNPs during the COVID-19 pandemic. The following FAQs include questions on the ECR Programs. To access the FAQs, visit the CDE CNP COVID-19 FAQ web page. You may also contact the ECR Team at ECR@cde.ca.gov with your questions.

Webinars

• Townhall Meetings—School Nutrition Programs (SNP) Only
• Universal Meals—SNP Only
• Additional Webinars
  

Townhall Meetings—SNP Only

Information on participating in the live Town Hall meetings is posted on the CDE Nutrition Services Division (NSD) Nutrition What’s New web page under the Trainings Tab.

Important Notice: The Tuesday @ 2 Town Hall Resources have moved to the CDE Food Service Staff Education & Training web page, under the Town Halls tab, as school nutrition programs transition back to normal meal service after the COVID-19 pandemic

Universal Meals—SNP Only

For additional webinars, visit the Institute of Child Nutrition’s School Nutrition Association COVID-19 On-demand Webinars web page .

Resources

Below are resources to help support program operators and staff during COVID-19. 

• School Nutrition Programs (SNP)
• Summer Meals
• Access to Food
• Best Practices
• Safety Information
• Other Resources

SNP

Summer Meals

Access to Food

Best Practices

Safety Information

Other Resources

FAQs

The CDE Nutrition Services Division is providing frequently asked questions (FAQ) to help clarify both state and federal policy and operational questions for program operators in the CNPs during the COVID-19 pandemic. The following FAQs can assist program operators who may have questions on how to operate their programs based on the policy guidance released. To access the FAQs, visit the CDE CNP COVID-19 FAQ web page.

Contacts

School Nutrition Program (SNP) Analysts

For questions regarding the SNP, contact your SNP Analyst on the CDE SNP Specialist Directory web page.

SFSP Team

For questions regarding the SFSP, you can contact the SFSP team by email at SFSP@cde.ca.gov.

USDA Foods Team

For more information about USDA Foods, contact the Food Distribution Unit by email at FoodDistribution@cde.ca.gov.

Claims and Reimbursement Analysts

If you need assistance with claims and reimbursement, please contact your assigned fiscal analyst which you can find on the CDE Nutrition Services web page, under the Analyst Directory Tab.

If you have any questions regarding the disaster reimbursement claims, contact the Nutrition Services Division (NSD) at NSDDisasterClaims@cde.ca.gov.

COVID-19 CNP Meal Pattern Waiver Assistance

SBP, NSLP, SSO meal pattern questions, please contact the NSD at SNPMPW@cde.ca.gov

CACFP meal pattern questions, please contact the California Department of Social Services at CACFPMPW@dss.ca.gov.

FFVP Team

If you have any questions regarding the FFVP, please contact the FFVP Team at FFVP@cde.ca.gov.

Emergency Operational Costs Reimbursement (ECR)

If you have questions regarding the ECR, contact the ECR Team at ECR@cde.ca.gov.