This final rule will establish transitional standards to support the continued provision of nutritious school meals as schools respond to and recover from the pandemic and while USDA engages in notice-and-comment rulemaking to update the meal pattern standards to more comprehensively reflect the Dietary Guidelines for Americans.

USDA has issued a series of question and answer documents on flexibilities and waivers for the child nutrition programs intended to support effective operations and provide meals, while also supporting social distancing in order to reduce the exposure to the novel coronavirus (COVID-19).

This guide consolidates and underscores FNS policy concerning waivers of the ABAWD time limit and replaces its predecessor, FNS' December 2016 Guide to Supporting Requests to Waive the Time Limit for Able-Bodied Adults without Dependents (ABAWD). FNS advises state agencies to use this guide to understand, obtain, and prepare evidence that successfully supports an ABAWD time limit waiver request based on relevant sections of the Act; federal regulations; and historical SNAP policy.

This memo announces a new set of child nutrition program waivers for school year 2021-2022. Since March 2020, USDA has worked to ensure state agencies, schools and other community partners have the tools they need to maintain children’s access to nutritious meals during COVID-19.

This waiver cancels selected administrative data reporting requirements in the child nutrition programs, specifically the following: FNS-640 Administrative Review Report Form; FNS-828 School Food Authority Paid Lunch Price Report; FNS-874 Local Educational Agency Second Review of Applications; Ameliorative Action Plans for Verification Results; State Agency Food Safety Inspections Report; and Performance-Based Reimbursement (7 Cents) Quarterly Report.

Under this waiver, Summer Food Service Program and the National School Lunch Program Seamless Summer Option operators in states that elect to be subject to this waiver may serve meals at school sites during unanticipated school closures in school year 2021-22.

Under this waiver, service institutions operating the Summer Food Service Program in states, whose agencies elect to be subject to this waiver, may operate open sites in areas that are not located in “Areas in which poor economic conditions exist” during unanticipated school closures in school year 2021-2022.

Under this waiver, Summer Food Service Program operators in states that elect to be subject to this waiver, and that elected to allow non-congregate meal distribution during COVID–19-related operations via COVID-19: Child Nutrition Response #101, may distribute meals to a parent or guardian to take home to their children during an unanticipated school closure in school year 2021-22. 

Under this waiver, Summer Food Service Program operators in states that elect to be subject to this waiver may serve meals outside of the standard meal times during unanticipated school closures in SY 2021-22.  This waiver applies to state agencies administering, and service institutions operating, the Summer Food Service Program. 

Under this waiver, Summer Food Service Program service institutions in states that elect to be subject to this waiver may provide non-congregate meals during COVID–19 operations during unanticipated school closures in school year 2021-22.  This waiver applies to state agencies administering, and service institutions operating, SFSP.