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Resource | Policy Guidance on the Interpretation of Discrimination Based on “Sex” in USDA Child Nutrition Programs

USDA has rescinded the Biden Administration’s May 2022 Bostock policy update that sought to require federally-funded food and nutrition service programs to redefine discrimination by reason of “sex” under Title IX of the Education Amendments of 1972 (Title IX) and the Food and Nutrition Act of 2008 as not based on just male or female, but also “gender identity.” Today’s guidance eliminates the illegal threats issued under the Biden Administration that mandated compliance with ever-evolving concepts of gender ideology as a condition for participation in USDA school programs.

07/07/2025
Resource | Guidance Documents Small Entity Compliance Guide

This guide informs small entities participating in child nutrition programs about the final rule, Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans, and how to comply with it. This guide does not include any new requirements; it just summarizes existing guidance related to the final rule.

06/27/2024
Resource | Policy Buy American Provisions Related to the Final Rule - CNP Meal Patterns Consistent with the 2020-25 DGAs

On April 25, 2024, FNS published the final rule, Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans. Among other provisions, this rule finalizes regulations that strengthen the School Meal Programs’ Buy American provision. The Buy American Exceptions Tracking Standard Form is an optional template that school food authorities can use to organize files and document the use of exceptions to purchase non-domestic foods under the Buy American provision. 

06/05/2024
Resource | Policy WIC FMNP and SFMNP FY 2022 Guidance Package

This guidance provides resources that state agencies may use when considering next steps and set forth instructions for submitting state plan amendments that involve operational changes such as electronic solution proposals and/or WIC FMNP waiver requests.

04/11/2024
Resource | Guidance Documents Paid Lunch Equity: Guidance for SY 2024-25

The purpose of this memorandum is to provide guidance to state agencies and school food authorities on the paid lunch equity requirements for SY 2024-25. This memorandum explains the PLE exemption provided in the Consolidated Appropriations Act of 2024. This memorandum also provides guidance for SFAs that do not qualify for the exemption.

03/20/2024
Resource | Guidance Documents CEP Planning and Implementation Guidance

A final rule, Child Nutrition Programs: Community Eligibility Provision-Increasing Options for Schools (88 FR 65778), was published on Sept. 26, 2023, with an effective date of Oct. 26, 2023, that established the 25 percent minimum ISP threshold.  As a result, more students, households, and schools have the opportunity to experience CEP’s benefits, such as increasing access to school meals at no cost, eliminating unpaid meal charges, minimizing stigma, and streamlining meal service operations.

02/12/2024
Resource | Policy CEP: State Agency Procedures to Ensure Identified Student Percentage Accuracy

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. 
 

02/12/2024
Resource | Policy CEP: Statutory Annual Notification and Publication Requirements and School Year 2024-25 Election Deadline

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.

 

02/12/2024
Resource | Guidance Documents Revised Prototype Free and Reduced Price Application for SY 2017-2018

Attached to this memorandum, please find a revised edition of the Prototype Application for Free and Reduced Price School Meals, with an accompanying instructions document. These materials may be adapted for direct use by state and local agencies, or as a reference for designing an effective application packet that meets all statutory and regulatory requirements. 

05/11/2023
Resource | Policy Rural Designations in the Summer Meal Programs - Revised

The purpose of this memorandum is to revise guidance on rural designations in the Summer Food Service Program and the National School Lunch Program’s Seamless Summer Option (SSO). The Consolidated Appropriations Act of 2023 authorized a permanent non-congregate meal service option through the SFSP and SSO for children who live in rural communities with no congregate meal service. This memorandum supersedes SFSP policy memorandum SFSP 17-2015, Rural Designations in the Summer Food Service Program – Revised, April 21, 2017.

03/06/2023
Page updated: October 14, 2021