Community Eligibility Provision - Summary of Proposed Rule

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U.S. Department of Agriculture’s Food and Nutrition Service, child nutrition programs published a proposed rule in the Federal Register on March 23, 2023, with the intent to expand access to the Community Eligibility Provision (CEP) by lowering the minimum identified student percentage (ISP)¹ participation threshold from 40% to 25%. The rule gives more high-need schools the option to elect CEP and offer all students healthy school meals at no cost when it is financially viable for them to do so.

CEP Benefits

CEP allows schools to offer breakfast and lunch each school day at no cost to all students. CEP also eliminates unpaid meal charges, minimizes stigma, reduces paperwork for school nutrition staff and families, and streamlines meal service operations.

Provision (current regulatory citation)	Current ISP Threshold	Proposed ISP Threshold
Minimum ISP Threshold (7 CFR 245.9(f)(3)(i))	School districts, schools, and groups of schools must have ISPs of 40% or higher to elect CEP.	School districts, schools, and groups of schools would be required to have ISPs of 25% or higher to elect CEP.
Grace Year Eligibility (7 CFR 245.9(f)(4)(ix))	Schools participating in CEP must have ISPs of less than 40% but equal to or greater than 30% in year 4 of the CEP cycle to elect CEP for a fifth year, or grace year. (30% ≤ ISP < 40%)	Schools participating in CEP would be required to have ISPs of less than 25% but equal to or greater than 15% in year 4 of the CEP cycle to elect CEP for a fifth year, or grace year. (15% ≤ ISP < 25%)
Identification, Notification, and Publication of Eligible LEAs and Schools (7 CFR 245.9(f)(5), (6), (7))	Eligible schools have ISPs of 40% or higher.	Eligible schools would have ISPs of 25% or higher.
Identification, Notification and Publication of Nearly Eligible LEAs and Schools (7 CFR 245.9(f)(5), (6), (7))	Nearly eligible schools have ISPs of less than 40% but equal to or greater than 30%. (30% ≤ ISP < 40%)	Nearly eligible schools would have ISPs of less than 25% but equal to or greater than 15%. (15% ≤ ISP < 25%)

¹ “Identified students” are students who are certified for free meals without a household application. The “identified student percentage” (ISP) is calculated by dividing the total number of identified students by the total number of enrolled students (See 7 CFR 245.9(f)(1)(ii) and (iii)).