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State Agency 3-Year Administrative Review Cycle Requirement: Waivers for Exceptional Circumstances

Last Published: 07/16/2014

Program integrity in the National School Lunch Program (NSLP) and the School Breakfast Program (SBP) is vital, with the State Agencies’ administrative reviews of school food authorities (SFAs) being the major component of oversight activities. Section 207 of the Healthy, Hunger-Free Kids Act of 2010 (HHFKA) amended section 22 of the Richard B. Russell National School Lunch Act (NSLA), 42 U.S.C. 1769c, to make several changes to the administrative review requirements. One key change, designed to enhance the integrity of the review process, requires that administrative reviews, formerly conducted on a 5-year review cycle, must now be conducted at least once during a 3-year review cycle, The Food and Nutrition Service (FNS) implemented this change at 7 CFR 210.18 through the final rule, Nutrition Standards in the National School Lunch and School Breakfast Programs (77 FR 4088) published January 26, 2012. This memorandum provides guidance to State agencies requesting a waiver of the 3-year administrative review requirement for the current review cycle due to exceptional circumstances, in accordance with Section 12(l) of the NSLA, 42 U.S.C. 1760(l).

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