This final rule amends the Community Eligibility Provision (CEP) regulations by lowering the minimum identified student percentage (ISP) from 40 percent to 25 percent.
This action implements statutory requirements and policy improvements to strengthen administrative oversight and operational performance of the Child Nutrition Programs.
USDA is extending the public comment period on the proposed rule, “Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans,” to May 10, 2023.
This rulemaking proposes long-term school nutrition standards based on the Dietary Guidelines for Americans, 2020-2025, and feedback the USDA received from child nutrition program stakeholders during a robust stakeholder engagement campaign.
This rulemaking proposes to expand access to the Community Eligibility Provision by lowering the minimum identified student percentage participation threshold from 40 percent to 25 percent, which would give states and schools greater flexibility to choose to invest non-federal funds to offer no-cost meals to all enrolled students.
This notice announces the annual adjustments to the national average payments, the amount of money the federal government provides states for lunches, afterschool snacks, and breakfasts served to children participating in the National School Lunch and School Breakfast Programs; to the maximum reimbursement rates, the maximum per lunch rate from federal funds that a state can provide a school food authority for lunches served to children participating in the National School Lunch Program; and to the rate of reimbursement for a half-pint of milk served to non-needy children in a school or institution that participates in the Special Milk Program for Children.
This rulemaking proposes to codify three menu planning flexibilities established by the interim final rule titled, Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements published Nov. 30, 2017, and made permanent with some modifications by a final rule of the same title published Dec. 12, 2018, hereafter referred to as the 2018 Final Rule. An April 2020 court decision vacated and remanded the 2018 Final Rule.
This final rule removes from the Code of Federal Regulations the final rule published on Dec. 12, 2018, titled, “Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements.” This action responds to a decision of the U.S. District Court for the District of Maryland that vacated the rule.
This rulemaking proposes changes to simplify meal pattern and monitoring requirements in the National School Lunch and School Breakfast Programs. The proposed changes, including optional flexibilities, are customer-focused and intended to help State and local Program operators overcome operational challenges that limit their ability to manage these Programs efficiently. In the National School Lunch Program, the proposed rule would add flexibility to the existing vegetable subgroups requirement.
This Notice supersedes the notice published in the Aug. 7, 2019 issue of the Federal Register entitled National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates (FR Doc. 84-38590). It establishes new reimbursement rates for Guam and Virgin Islands to match the reimbursement rate provided to Puerto Rico, and corrects an incorrect date.