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. 

This guidance applies to state agencies and local educational agencies administering the National School Lunch Program and the School Breakfast Program. This guidance provides information on the final rule, Child Nutrition Programs: Community Eligibility Provision – Increasing Options for School.

The term "Alternate Protein Product" is the name used by FNS to identify products meeting requirements set forth in Appendix A of the NSLP, SBP, SFSP, and the CACFP within the section entitled Alternate Protein Products.

FNS has used its authority under FFRCA to waive certain onsite monitoring requirements for the school meals programs, the Child and Adult Care Food Program, and the Summer Food Service Program, so that programs can to maintain program integrity and support social distancing while providing meals. 

This memo announces a new set of child nutrition program waivers for school year 2021-2022. Since March 2020, USDA has worked to ensure state agencies, schools and other community partners have the tools they need to maintain children’s access to nutritious meals during COVID-19.

This waiver cancels selected administrative data reporting requirements in the child nutrition programs, specifically the following: FNS-640 Administrative Review Report Form; FNS-828 School Food Authority Paid Lunch Price Report; FNS-874 Local Educational Agency Second Review of Applications; Ameliorative Action Plans for Verification Results; State Agency Food Safety Inspections Report; and Performance-Based Reimbursement (7 Cents) Quarterly Report.