FNS Documents & Resources

A final rule, Child Nutrition Programs: Community Eligibility Provision-Increasing Options for Schools (88 FR 65778), was published on Sept. 26, 2023, with an effective date of Oct. 26, 2023, that established the 25 percent minimum ISP threshold.  As a result, more students, households, and schools have the opportunity to experience CEP’s benefits, such as increasing access to school meals at no cost, eliminating unpaid meal charges, minimizing stigma, and streamlining meal service operations.

The purpose of this memorandum is to update prior guidance to reflect changes made to the Community Eligibility Provision due to the Final Rule, Child Nutrition Programs: Community Eligibility Provision – Increasing Options for Schools (FR 65778), effective on Oct. 26, 2023. This final rule amended CEP regulations by lowering the minimum identified student percentage to elect CEP from 40 percent to 25 percent. 
 

This memorandum provides a reminder of the annual Community Eligibility Provision notification and publication requirements, including the changes made by the Final Rule, Child Nutrition Programs: Community Eligibility Provision – Increasing Options for Schools. This memorandum also reminds state agencies that the statutory election deadline for schools to elect CEP for school year 2024-25 is June 30, 2024.

This memorandum provides new guidance and questions and answers to address changes made by the CEP final rule. Additionally, this memorandum provides clarification on guidance related to CEP. The attached Q&As supersede SP 54-2016, Community Eligibility Provision: Guidance and Updated Q&As.

Attached is the third edition of Community Eligibility Provision: Planning and Implementation Guidance. The Community Eligibility Provision (CEP) is a National School Lunch Program (NSLP) and School Breakfast Program (SBP) meal service option that allows schools and local educational agencies (LEAs) in high poverty areas to offer meals at no cost to all enrolled students without collecting household applications. 

Pursuant to Section 2202(a) of the Families First Coronavirus Response Act, and based on the exceptional circumstances of the COVID-19 pandemic, FNS is establishing a nationwide waiver to allow school food authorities to claim National School Lunch Program Seamless Summer Option meals and snacks at the applicable Summer Food Service Program reimbursement rates in summer 2022. This waiver will ensure continuity of program operations and access to nutritious meals for program participants this summer.

This memorandum provides guidance to state agencies and school food authorities as they transition from COVID-19 nationwide waivers. This guidance applies to state agencies and school food authorities administering the NSLP and the SBP in SY 2022-23 and SY 2023-24.