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. 

The purpose of this memorandum is to revise guidance on the use of school and census data to establish area eligibility in the Child and Adult Care Food Program, the At-Risk Afterschool component of CACFP, the Summer Food Service Program, and the Seamless Summer Option of the National School Lunch Program.

This final rule establishes requirements for state agencies, local educational agencies, and schools operating the Community Eligibility Provision, a reimbursement option that allows the service of school meals to all children at no-cost in high poverty schools without collecting household applications.

This legislation directs USDA to carry out annual national performance assessments of the School Breakfast Program and the National School Lunch Programs.

The CEP Characteristics Study will include surveys of nationally representative samples of participating and eligible non-participating LEAs to obtain updated information on the characteristics of participating and non-participating districts and schools. 

On Dec. 1, 2014, the U.S. Department of Health and Human Services, Food and Drug Administration published the final rule, Food Labeling; Calorie Labeling of Articles of Food in Vending Machines, in the Federal Register.