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.

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 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.

Households with a child  approved to receive free or reduced price meals under the National School Lunch Program or the School Breakfast Program during the 2019-2020 or 2020-2021 school year are eligible for the Federal Communication Commission’s Emergency Broadband Benefit. EBB is a federal program to help eligible families pay for internet service during the pandemic.

This memorandum details guidance on the annual Community Eligibility Provision notification and publication requirements and provides information on the USDA-developed reporting template.

Attached are revised Questions and Answers related to the final rule entitled, Certification of Compliance with Meal Requirements for the National School Lunch Program under the Healthy, Hunger-Free Kids Act of 2010.

This final rule adopts, with some revisions, changes to the NSLP regulations, as set forth in the interim final rule published in the Federal Register on April 27, 2012. The changes conform to requirements contained in the Healthy, Hunger- Free Kids Act of 2010 regarding performance-based cash assistance for school food authorities certified compliant with meal pattern and nutrition standards.

The National School Lunch Program Afterschool Snack Service is a federally-assisted snack service that provides cash reimbursement to encourage or assist schools in serving snacks to children after the regular school day. The afterschool snack component of the NSLP helps children fully engage in afterschool programming by filling the hunger gap many children face in the afternoon and early evening. Children participating in an approved afterschool care program age 18 and under, and participating children who turn 19 during the school year, are eligible to receive reimbursable snacks through the NSLP.

This rule proposes to amend the eligibility regulations for free and reduced price meals under the National School Lunch Program and School Breakfast Program to codify the statutory provision that establishes the community eligibility provision, a reimbursement option for eligible local educational agencies and schools that wish to offer free school meals to all children in high poverty schools without collecting household applications.

The Food and Nutrition Service published an interim final rule entitled "Certification of Compliance with Meal Requirements for the National School Lunch Program under the Healthy, Hunger-Free Kids Act of 2010'' on April 27, 2012.