FNS Documents & Resources

This waiver extends the Nationwide Waiver to Allow Offer Versus Serve Flexibilities in the SFSP  through Dec. 31, 2020, in conjunction with the Nationwide Waiver to Allow Summer Food Service Program and Seamless Summer Option Operations through December 2020.

During the public health emergency due to COVID-19, FNS waives, for all states, requirements that limit the use of Offer versus Serve to school food authorities and require sponsors to apply OVS under the rules followed for the National School Lunch Program.

The purpose of this memorandum is to provide guidance for state agencies and program operators on the status of nationwide waivers of statutory and regulatory requirements in the Summer Food Service Program.

The fiscal year 2018 Direct Certification Improvement Grant Request for Applications are available to state agencies that administer the National School Lunch and the School Breakfast programs to fund the costs of improving your direct certification rates with SNAP, and other needs-based assistance programs.

Offer versus Serve is a provision in the NSLP and School Breakfast Program that allows students to decline some of the food offered. The goals of OVS are to reduce food waste in the school meals programs while permitting students to decline foods they do not intend to eat. 

FNS invites state agencies that administer the National School Lunch Program and School Breakfast Program to apply to participate in demonstration projects that will evaluate the effectiveness of conducting direct certification with the Medicaid program.

The attached Q&As are issued in follow-up to Policy Memorandum SP 50-2013, Release of the new state agency Direct Certification Rate Data Element Report.

The Food, Conservation, and Energy Act of 2008 and the Richard B. Russell National School Lunch Act, as amended by the Healthy, Hunger-Free Kids Act of 2010  require that children living in households receiving assistance under the Supplemental Nutrition Assistance Program be directly certified for free school meals under the National School Lunch Program and/or the School Breakfast Program.

Section 9(b)(12)(A)(i) of the Richard B. Russell National School Lunch Act restricts categorical eligibility for free school meals based on SNAP participation to children who are members of a household receiving assistance under SNAP. Therefore, a child who is a member of a household that is receiving “zero benefits” from SNAP is not categorically eligible for free meals, unless the child is categorically eligible for another reason.

The purpose of this memorandum is to implement provisions contained in the Healthy, Hunger-Free Kids Act of 2010 which establish direct certification rate benchmarks for states and require continuous improvement plans from states that do not meet the benchmarks.