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30-Day Carryover and Delayed Implementation for Provision 2

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PDF Icon Policy Memo (70.94 KB)
DATE: September 5, 2008
SUBJECT: 30-Day Carryover and Delayed Implementation for Provision 2
TO: Special Nutrition Programs
All Regions
State Agencies
Child Nutrition Programs
All States

This is to clarify the relationship between delayed implementation of Provision 2 as permitted in §245.9(b)(6)(ii) and use of a child’s prior year’s eligibility status for the first 30 operating days in the new school year (“carryover”) in §245.6(c)(2). Delayed implementation permits schools establishing claiming percentages for Provision 2 to charge participating students for meals in the first claiming period of the base year. This exception is permitted to assist schools in securing completed free and reduced price applications from households which might not otherwise submit an application if there is no charge for meals. With the state agency’s approval, schools may delay implementing Provision 2 for a period not to exceed the first claiming period of the base year. When the carryover provision was added in the interim rulemaking dated Nov. 13, 2007, we did not address how it applied to delayed implementation.

If a child’s individual eligibility status for free or reduced priced meals in the initial base year is carried over, it could diminish the effectiveness of delayed implementation as households may not realize the importance of submitting applications because their children continue to receive school meals for no charge or at a reduced charge. Therefore carryover is not required when schools are approved to use the delayed implementation in relation to Provision 2.

Further, the carryover provision is only relevant to delayed implementation of Provision 2 in the initial base year because carryover is based on a child’s individual eligibility. In establishing a new base year or a streamlined base year after operating under Provision 2, because individual eligibility was not established for the prior year, there is no basis for carryover.

If state agencies have any questions about this policy, please contact your regional office.

Child Nutrition Division

Page updated: March 14, 2023

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.