Food and Nutrition Waivers

The United State Department of Agriculture (USDA) funds the National School Lunch and School Breakfast Programs. USDA defines the rules and regulations for the program operations.  Periodically, the USDA revisits the program rules and regulations and allows certain flexibilities or waivers. To apply for flexibility or a waiver, click on the survey link following the flexibility or waiver listed below.

Confirmation Review Official Waiver Application

USDA requires all Local Educational Agencies to conduct a verification process on a sample of free and reduced price student meal applications collected in a school year. Prior to any other verification activity, a Local Educational Agencies official, other than the official who made the initial eligibility determination, must review each approved application selected for verification to ensure that the initial determination was accurate. This requirement is waived (annually) if the Local Educational Agencies uses a technology-based system that demonstrates a high level of accuracy in processing an initial eligibility determination. To apply for the Confirmation Review Official Waiver Application, please click here.   
 

​​Age/Grade Group Separation Waiver (Residential Centers)

To obtain waiver to the National School Lunch Program age/grade group separation requirements for planning and serving school breakfast and lunch program reimbursable meals, please send a written request or email to Brigette Hires, Office of Nutrition.
 

USDA WAIVER REQUESTS

The Ohio Department of Education is requesting the following program year 2021-2022 waivers from the USDA.

Oversight and Monitoring Waiver for the Child and Adult Care Food Program: Request to waive certain requirements for compliance reviews in the Child and Adult Care Food Program. Waiver approved by USDA on May 18, 2022.

Summer Food Service Program First Week Site Visits Requirement: Request to waiver the First Week Site Visits requirement at 7 CFR 225.15(d)(2) in the Summer Food Service Program. Waiver approved by USDA on March 30, 2022.
 
Summer Food Service Program Offer Versus Serve Requirement: Request to waive the Offer Versus Serve requirement at 42 U.S.C.1761(f)(7) and 7 CFR 225.16(f)(1)(ii) in the Summer Food Service Program. Waiver approved by USDA on April 1, 2022.

Summer Food Service Program Applications for Closed Enrolled Sites Requirement: Request to waiver the Applications for Closed Enrolled Sites requirement at 42 U.S.C. 1761(a)(1)(A)(i)(III) and 7CFR 225.15(f) in the Summer Food Service Program. Waiver approved by USDA on March 28, 2022.
 
Summer Food Service Program Meal Service Time Restrictions Requirements: Request to waiver the Meal Service Time Restrictions requirements under 7 CFR 225.16(c)(1) and (c)(2) in the Summer Food Service Program. Waiver approved by USDA on March 28, 2022.

Summer Food Service Program Oversight and Monitoring Waiver: Request to waive certain requirements of the following regulatory citations: required reviews are conducted onsite at 7 CFR 225.7(d)(2)(ii), review new sponsors within the first year of operating at 7 CFR 225.7(d)(2)(ii)(A), conduct reviews of at least 10 percent of each sponsor’s sites or one site, if that’s greater at 7 CFR 225.7(d)(2)(ii)(E) and inspect FSMC facilities at 7 CFR 225.7(d)(6). Waiver approved by USDA on May 19, 2022.

Community Eligibility Provision Dates Waiver:  Request to waive certain date requirements of the following regulatory citations regarding Community Eligibility Provision including: Identified Student Percentage Data as of April 1 under Sections 11(a)(1)(F)(iii)(I)(bb), (a)(1)(F)(iv)(I)(bb), (a)(1)(F)(v)(I), and (a)(1)(F)(v)(II)(bb) of the Richard B. Russell National School Lunch Act (NSLA), 42 U.S.C. 1759a, and FNS regulations at 7 CFR 245.9(f)(3)(i), (f)(4)(i), (f)(4)(v)(A), (f)(4)(viii), and (f)(4)(ix), Local Education Agency Notification Requirements under Section 11(a)(1)(F)(x)(IV) of the NSLA, 42 U.S.C. 1759a and 7 CFR 245.9(f)(5), State Agency Notification Requirements under Section 11(a)(1)(F)(x)(II) of the NSLA, 42 U.S.C. 1759a and 7 CFR 245.9(f)(6), State Agency Publication Requirements under Section 11(a)(1)(F)(x)(III) of the NSLA, 42 U.S.C. 1759a and 7 CFR 245.9(f)(7) and June 30 election date under Section 11(a)(1)(F)(x)(I) of the NSLA, 42 U.S.C. 1759a and FNS regulations at 7 CFR 245.9(f)(4)(i). Waiver approved by USDA on March 30, 2022.

Summer 2022 and SY 2022-23 Child Nutrition Programs Waiver: Request to waiver certain requirements for summer 2022 and school year 2022-2023 as detailed in the checklist when schools and program sponsors are impacted by COVID related issues and incidents. Waiver approved by USDA on May 23, 2022.

Non-Congregate Meal Service for Outdoor Summer Meal Sites Experiencing Excessive Heat Waiver: Request to waive the congregate meal requirements in times of excessive heat under the Richard B. Russell National School Lunch Act at 42 U.S.C. 1753(b)(1)(A) and 42 U.S.C. 1761(a)(1)(D), and Program regulations at 7 CFR 225.6(e)(15).
 

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Last Modified: 6/22/2022 2:52:00 PM