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Seamless Waiver Request
The following form is to be completed by School Food Service Authorities interested in operating summer food sites under National School Lunch guidelines (Seamless Waiver). All completed requests should be faxed or mailed to:
California Department of Education
Nutrition Services Division
School Nutrition Programs
P.O. Box 944272
Sacramento, CA 94244-2720
Phone:
Fax:
1. School Food Service Authority Information
Name:
Address:
City: Zip:
Phone Number:
Fax Number:
Please check all the Child Nutrition Programs that you are currently operating:
Please describe the size of your district:
1.Size (ex. >40,000):
2. Are you: Urban or Rural
3. Are you operating under Provision 1, 2, or 3? If yes please circle the Provision.
***If you are operating under any other waivers please explain:
The next section (3) requires no information. Please go to section 4 on page 6.
2. Description of the waiver request
The SFA seeks approval under the waiver provisions found in section 12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. 12(l)) to operate a Seamless Summer Feeding Waiver in specific locations within its jurisdiction (referred to as waiver sites). Waiver sites may be schools or other locations where the Summer Food Service Program (SFSP) meals would normally be served. Waiver sites must be located in needy areas, that is, where 50 percent or more of the children qualify for free or reduced price school meals, with one exception. Waiver sites may also be located in non-needy areas, provided that at least 50 percent of the children enrolled in these sites qualify for free or reduced price school meals.
The waiver combines features of the National School Lunch Program (NSLP), the School Breakfast Program (SBP), and the SFSP. The purpose of this waiver is to feed children in low-income areas during the summer months (or during extended breaks of a year-round school schedule). This waiver reduces paperwork and administrative burden that is normally associated with operating all three programs. To accomplish this, the SFA requests a waiver of significant portions of the SFSP Federal regulations at 7 CFR Part 225. Specific provisions to be waived are included in this request. In lieu of SFSP regulations that are waived, the SFA will follow corresponding requirements, where applicable, in the NSLP and SBP regulations at 7 CFR Part 210 and 220, respectively.
Special Provisions of the Seamless Summer Waiver
The SFA is committed to serving meals to the children in the community during the summer months (or in year-round school communities, at other times during the year when SFSP meals can be served) where the waiver sites are located and will adhere to the following special provisions:
1. General Program Administration and Sponsor Responsibilities
As required in §225.14(c)(1) of the SFSP regulations, the SFA demonstrates financial and administrative capability for Program operations and accepts final financial and administrative responsibility for total Program operations at all sites.
2. Site Eligibility
Waiver sites will be located in needy areas, that is, where 50 percent or more of the children qualify for free or reduced price school meals. All of these sites will be open to the community, except in some cases, participation at an open site may be limited for reasons of safety, security, or control. (Include this sentence if waiver sites will be located in non-needy areas: However, some waiver sites will also be located in non-needy areas in which at least 50 percent of the enrolled children qualify for free or reduced price school meals.) None of these waiver sites are residential camps. No additional sites will operate under these waiver procedures without first receiving approval from the FNS Regional Office.
Schools operating under a traditional school calendar may operate waiver sites during the summer months when summer school is in session, provided that all waiver sites are open to all children (see item 3 below) in the eligible area; these meals will be reimbursed at the free NSLP/SBP rates. However, summer school only sites must operate under the NSLP/SBP and will be reimbursed at the free, reduced price, or paid rates.
Year-round schools may operate waiver sites for off-track students, provided that the sites are open to all children in the eligible area; these meals will be reimbursed at the free NSLP/SBP rates. However, meals for on-track students in year-round schools will be reimbursed at the free, reduced price, or paid rates for NSLP/SBP.
3. Participant Eligibility
All persons meeting the definition of Children in the SFSP Federal regulations at §225.2 may receive meals at waiver sites, on a first-come, first-served basis. This includes all persons in the community who are 18 years of age and under (and as defined at §225.2, those persons over age 18 who meet the State agency definition of mentally or physically disabled persons).
Extra space
4. Meal Service
The SFA will follow NSLP meal service requirements for lunch or snacks (§210.10) and SBP meal service requirements (§220.8) for breakfast, except:
The number and types of meals will comply with the SFSP requirements at §225.16(b)
And
Meals at approved waiver sites will be served free to all children in accordance with §225.6(e)(4) of the SFSP regulations.
Consistent with these SFSP regulatory provisions and State agency approval, the SFA will serve one or two meals at no charge, including: breakfast, lunch, snack, or supper. However, the SFA will not claim both lunch and supper meals at the same site on the same day.
Consistent with the NSLP and SBP regulations and instructions, the following provisions will apply to meal service at waiver sites:
The NSLP and SBP meal requirements will be used.
5. Claims and Reimbursements
The SFA will claim meals at the "free" rates prescribed by USDA for the NSLP (including snacks) and SBP. The State agency will include these meals under the free category for each type of meal, based on the NSLP regulations at §210.8 and/or the SBP regulations at §220.11, using the Form FNS-10, Report of School Program Operations. For evaluation purposes, the State agency will report to FNS the total number of meals served at waiver sites, using the remarks section (item 18) on the FNS-10. All lunches and suppers will receive the standard commodity support rate available for the NSLP.
6. Monitoring
The SFA will review the meal counting, claiming, and meal pattern compliance for each waiver site within three weeks of the start of operations. Additionally the SFA will follow the requirements for site monitoring at §210.8 of the NSLP regulations.
Regarding the requirement at §210.8(a)(3) for SFA edit checks of the meal count prior to submission of a claim for reimbursement, FNS will provide further guidance in the near future.
7. Additional Reporting/Reviews/Evaluation
The State agency will include waiver sites operated under this waiver in the management review requirements described at §210.18 of the NSLP regulations. If a CRE is conducted of the SFA, at least one waiver site will be visited while it is in operation. FNS will provide additional CRE guidance.
FNS reserves the right to conduct an evaluation of these waiver sites. The evaluation may include periodic special reviews. The State agency and the SFA agree to cooperate as necessary, including making all applicable records and operations available for review.
FNS may request additional information for evaluation purposes. In the event that additional information on waiver site operation is required, FNS will allow sufficient time for the State agency and the SFA to comply with the request. The State agency and the SFA agree to comply with FNS’ requests for additional information for evaluation purposes.
Specific regulatory requirements to be waived
1. Exempted SFSP Regulations
To operate the Seamless Summer Feeding Waiver, the SFA requests a waiver from the following regulatory provisions in 7 CFR Part 225:
7 CFR 225.6, State agency responsibilities, paragraphs (b), (c), (e), (f), (h)
Except paragraphs (e)(4) and (e)(7);
7 CFR 225.7, Program monitoring and assistance, entire section;
7 CFR 225.8, Records and reports, entire section;
7 CFR 225.9, Program assistance to sponsors, entire section;
7 CFR 225.10, Audits and management evaluations, entire section;
7 CFR 225.11, Corrective action procedures, entire section;
7 CFR 225.12, Claims against sponsors, entire section;
7 CFR 225.13, Appeal procedure, entire section;
7 CFR 225.14, Requirements for sponsor participation, entire section
Except paragraphs (c)(1), (c)(2), (c)(3), and (d)(2);
7 CFR 225.15, Management responsibilities of sponsor, entire section
7 CFR 225.16, Meal service requirement, entire section
Except paragraph (b);
7 CFR 225.17, Procurement standards, entire section;
7 CFR 225.18, Miscellaneous administrative provision, entire section.
2. Non-exempted SFSP provisions
The SFSP Federal regulatory provisions, as identified in item 1 above, which remain in force include:
§225.6(e)(4) Section 225.6 covers State agency responsibilities. Paragraph (e) covers the State-Sponsor Agreement. Paragraph (e)(4) requires that the sponsor agree to serve meals at no cost.
§225.6(e)(7) Paragraph (e)(7) requires the sponsor to agree to claim reimbursement only for the types of meals agreed upon with the State agency and served without charge to children at approved sites during the approved meal service period. This paragraph also prohibits permanent changes to the serving time of any meal unless approved by the State agency.
§225.14(c)(1) Paragraph (c)(1) requires that sponsors demonstrate financial and administrative capability to operate the program and requires sponsors to accept final financial and administrative responsibility for the total program operations at all sites.
§225.14(c)(2) Paragraph (c)(2) requires that sponsors must not have been declared seriously deficient in operating the program.
§225.14(c)(3) Paragraph (c)(3) requires that sponsors will conduct a regularly scheduled food service for children from areas in which poor economic conditions exist (except for camps).
§225.14(d)(2) Paragraph (d)(2) requires that meals served in schools must be open to children in the community as well as children enrolled in summer school.
§225.16(b) Section 225.16 covers the meal service requirements, and establishes limits on the number of meals that may be served.
3. NSLP and SBP Regulations
Although the Federal regulations governing the NSLP and the SBP are not exempted under this waiver, some provisions may be difficult to follow for waiver sites. Therefore, FNS will provide technical assistance as necessary to the State agency and the SFA in adapting requirements.
4. Identify the waiver sites that are to be included in the waiver:
***Please copy this page and complete it for EVERY site you plan to operate under the waiver.
Site Name:
Address:
City: Zip:
Percent Free/Reduced enrollment eligibility for schools:
Type of Site:
Name the organization that will run the site under your authority:
Estimated Number of Children to Be Served (Estimated Number of Meals /Estimated Number of Days):
How will the waiver site (excluding closed enrolled sites) advertise the availability of meals (including hours, days, and weeks that meals will be served) for children in the community? Please check all that apply: