FNS Documents & Resources

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.

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 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.

With the recent passage of the Families First Coronavirus Response Act to assist with the novel coronavirus public health emergency,  WIC received an increase in funding for the program as well as increased ability to provide states with the flexibilities they need to support mothers, infants and children that rely on WIC.

During an emergency situation such as the COVID-19 public health emergency, there are flexibilities available to TEFAP state agencies to assist them in continuing to provide food to people in need. Implementing TEFAP flexibilities can be achieved simply by submitting a written explanation (i.e., state plan amendment) to the FNS regional office for expedited review and approval.

Due to the power outages, severe flooding and displacements from homes caused by the Kilauea Volcanic Eruption, and effective immediately, retail food stores licensed by the Food and Nutrition Service and located in Hawaii County may accept SNAP benefits in exchange for HOT foods and foods intended to be consumed on retailer premises.

FNS is issuing this policy to provide states with flexibility to serve Hurricane Harvey evacuees. States may choose to either serve evacuees through expedited SNAP rules or through the simplified program rules in the Evacuee Policy, as described in this memorandum. When applying the Evacuee Policy, states must use the criteria detailed in this memorandum for determining eligibility, household composition, verification, benefit allotments, and duplicate participation. This memorandum also outlines the reporting and Quality Control processes for cases processed under the Evacuee Policy.

This memorandum consolidates and clarifies select disaster/emergency policies and procedures applicable to the CSFP, the FDPIR and TEFAP.