Policy Memo (112.30 KB)
This resource does not reflect the changes made by the Final Rule published on Sept. 26, 2023, which lowered the minimum identified student percentage required to elect CEP from 40% to 25%.
| DATE: | March 17, 2023 | ||
| POLICY MEMO: | SP 10-2023 | ||
| SUBJECT: | Updated Title I Guidance for Making Within District Allocations | ||
| TO: | Regional Directors Special Nutrition Programs All Regions | State Directors Child Nutrition Programs All States | |
Purpose
The purpose of this memo is to share updated guidance from the U.S. Department of Education (ED) for making within-district Title I allocations under Title I, Part A of the Elementary and Secondary Education Act of 1965 (ESEA).
Background
The Community Eligibility Provision (CEP), as authorized by the Richard B. Russell National School Lunch Act, 42 USC 1759a(a)(1)(F), allows participating schools to offer healthy, free breakfasts and lunches to all students without requiring their families to complete individual applications.
To support local educational agencies (LEAs) electing CEP, in 2015, the U.S. Department of Education (ED) published the following guidance that explains how LEAs can successfully implement Title I requirements using National School Lunch Program (NSLP) data while operating CEP: The Community Eligibility Provision and Selected Requirements Under Title I, Part A of the Elementary and Secondary Education Act of 1965, as Amended. In April 2015, USDA shared this guidance in SP 35-2015, Community Eligibility Provision: Revised Department of Education Title I Guidance. Requirements regarding within-district Title I allocations were one of the topics covered in this guidance.
Updated ED Guidance
In February 2022, ED released updated guidance titled Within-District Allocations Under Title I, Part A of the Elementary and Secondary Education Act of 1965, as Amended. The guidance discusses provisions that govern within-district Title I allocations under the ESEA and supersedes the section in the 2015 guidance entitled “Within-District Allocations.”
The ED guidance notes that the questions and responses in the CEP section (Appendix A) are reprinted, with generally minor updates (e.g., for dates, website links, and citations) from relevant sections of The Community Eligibility Provision and Selected Requirements Under Title I, Part A of the Elementary and Secondary Education Act of 1965, as Amended. The question numbers from the original guidance are provided in parentheses for the reader’s awareness.
State agencies are reminded to distribute this memorandum to program operators immediately. Program operators should direct any questions concerning this guidance to their state agency. State agencies with questions should contact the appropriate FNS regional office.
Tina Namian
Director
School Meals Policy Division