Nationwide Waiver of Onsite Monitoring Requirements for State Agencies in the SFSP – Extension 2

Pursuant to section 2202(a) of the Families First Coronavirus Response Act (the FFCRA) (PL 116-127), and in light of the exceptional circumstances of this public health emergency, the Food and Nutrition Service (FNS) is extending a nationwide waiver to help minimize potential exposure to the novel coronavirus (COVID-19). This extension of Nationwide Waiver of Onsite Monitoring Requirements for Agencies in the Summer Food Service Program – EXTENSION, issued on June 8, 2020 to waive the requirements until Aug. 31, 2020 applies to monitoring of schools and institutions operating Summer Food Service Program (SFSP) during an unanticipated school closure.

Section 2202(a) of the FFCRA permits the Secretary of Agriculture to establish a waiver for all states for the purposes of providing meals under the child nutrition programs, with appropriate safety measures, as determined by the Secretary.

State agencies are required to monitor SFSP operators that serve meals during unanticipated school closures consistent with the requirements found at 7 CFR 225.7(d). Note: pre-approval visits of sponsors proposing to operate during unanticipated school closures through June 30, 2020 (or at any time of the year in an area with a continuous school calendar) are not required and may be conducted at the discretion of the state agency (7 CFR 225.7(d)(1)(i)). Additionally, when the same SFA personnel administer SFSP as well as the NSLP, the state agency is not required to conduct a review of the SFSP in the same year in which the NSLP operations have been reviewed and determined to be satisfactory.

Under program regulations at 7 CFR 225.7(d)(2)(ii), state agencies that operate SFSP are required to: 1) conduct a review of every new sponsor at least once during the first year of operation; 2) annually review a number of sponsors whose program reimbursements, in the aggregate, accounted for at least one-half of the total program meal reimbursements in the state in the prior year; 3) annually review every sponsor which experienced significant operational problems in the prior year; and 4) review each sponsor at least once every three years. However, FNS recognizes that in this public health emergency, suspending onsite monitoring is vital to support social distancing while providing meals.

Therefore, for all state agencies that elect to be subject to this waiver, FNS extends its waiver of the requirement that SFSP monitoring requirements included at 7 CFR 225.7(d)(2)(ii) be conducted onsite. Please note that to ensure program integrity during this time, state agencies should, to the maximum extent practicable, continue monitoring activities of program operations offsite (e.g., through a desk audit). This waiver extension remains in effect through Sept. 30, 2021.

Consistent with section 2202(a)(2) of the FFCRA, this waiver applies automatically to all states that elect to use it, without further application. agencies must inform their FNS regional office if they elect to be subject to the waiver. agencies should inform local program operators of the extension of this waiver as quickly as possible, and work in partnership with local operators to ensure their safety. Elections and approvals under the initial waiver will continue under this extension; no further action is needed.

As required by section 2202(d), each state that receives this waiver must submit a report to the Secretary not later than 1 year after the date such state received the waiver that includes:

• A summary of the use of this waiver by the state agency and local program operators, and
• A description of whether this waiver resulted in improved services to children.

FNS appreciates the exceptional effort of state agencies and local program operators working to meet the nutritional needs of child and adult participants during a challenging time. agencies should direct questions to the appropriate FNS regional office.

Sarah Smith-Holmes
Director
Program Monitoring and Operational Support Division

¹ Pursuant to the Congressional Review Act (5 USC 801 et seq.), the Office of Information and Regulatory Affairs designated this waiver as not major, as defined by 5 USC 804(2).