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Summer Food Service Program

Public Notice- Summer Food Service Program Waiver Requests

On October 11, 2018, the United States Department of Agriculture (USDA) provided guidance regarding the status of nationwide waivers of statutory and regulatory requirements in the Summer Food Service Program (SFSP) (SFSP 01-2019), Summer Food Service Program Memoranda Recession.

The Office of School and Community Food Programs of the Maryland State Department of Education (MSDE) has submitted State SFSP waiver requests to the Mid-Atlantic Regional Office of the USDA, for the SFSP flexibilities and policies that were rescinded by the USDA Food and Nutrition Service (FNS) through SFSP 01-2020 Summer Food Service Program Memoranda Rescission.  The following areas have been submitted for consideration:

·         MSDE Waiver Request 1- Policy waiving some meal time restrictions, specifically duration limits and elapsed time requirements 7CFR §225.16(c)(1),  and 7CFR §225.16(c)(2).

·         MSDE Waiver Request 2- Policy waiving Offer Versus Serve (OVS).  7CFR §225.16(f)(i)(ii).

·         MSDE Waiver Request 3-Policy waiving first week monitoring requirements 7 CFR 225.15(d)(2).

·         MSDE Waiver Request 4-Policy waiving closed enrolled site eligibility requirements. 7 CFR 225.15(f).

The goal of these waivers is to reinstate the rescinded flexibilities and polices to allow for SFSP sponsors to administer efficient and cost-effective programs and to reduce the administrative burden both for the MSDE and SFSP sponsors.

For more information please call 410-767-0199.


UPDATE:

  • UPDATE:  Waiver denied by USDA.  On June 23, 2020, the Office of School and Community Nutrition Programs of the Maryland State Department of Education submitted a waiver request to the Mid-Atlantic Regional Office of the USDA for the requirement to conduct a 3-year Administrative Review cycle for the School Meals Programs.

    The specific program regulation to be waived is 7 CFR 210.18


    The goal of the waiver request is to implement a 5-year Administrative Review cycle to maximize the MSDEs resources
    to conduct current and future reviews due to the cancellations of Administrative Reviews related to COVID-19.

    For more information please call 410-767-0199.

  • On June 15, 2020, the Office of School and Community Nutrition Programs of the Maryland State Department of Education submitted a waiver request to the Mid-Atlantic Regional Office of the USDA for the requirement that eligible at-risk afterschool care programs be organized primarily to provide care for children after school or on weekends, holidays, or school vacations during the regular school year. 

    The specific program regulations to be waived is 7 CFR 226.17a(b)(i-iii)

    The goal of the waiver request is to facilitate and target Program benefits to communities impacted by COVID-19. It will ease challenges in areas experiencing economic hardship due to COVID-19. This will directly support families by increasing and as well as maintaining children’s access to the nutritious meals during the pandemic.

    For more information please call 410-767-0199.


  • On June 4, 2020, the Office of School and Community Nutrition Programs of the Maryland State Department of Education submitted a waiver revision to the Mid-Atlantic  Regional Office of the USDA to request an extension of the March 18, 2020, approved waiver, expiring on June 30, 2020, that allows SFSP sponsors in good standing to operate open sites in areas approved by the MSDE, but that are not located in areas in which poor economic conditions exist.

    The specific program requirements to be waived are: 7 CFR 225.2, 7 CFR 225.6(c)(3)(i)(B), 7 CFR 225.14(c)(3), 7 CFR 225.6(c)(2)(i)(G), 7 CFR 225.6(d)(1)(i), and 7 CFR 225.16(b)(4)(c).

    The goal of the waiver revision is to increase the number of eligible SFSP sites, supporting communities, and reducing challenges in areas experiencing economic hardship due to COVID-19. This will directly support families by increasing and as well as maintaining children’s access to the SFSP meals during the pandemic.

    For more information please call 410-767-0199.


  • On May 8, 2020,  the Office of School and Community Nutrition Programs of the Maryland State Department of Education submitted a waiver revision to the Mid-Atlantic Regional Office of the USDA to waive the requirement that Program operators must provide Fresh Fruit and Vegetable Program (FFVP) foods directly to children. 

The goal of the waiver is to allow for continued service of the FFVP for participants in the event that they are unable to travel to a meal distribution site.

For more information please call 410-767-0199.


  • On March 29, 2020, the Office of School and Community Nutrition Programs of the Maryland State Department of Education submitted a waiver revision to the Mid-Atlantic Regional Office of the USDA to waive the restrictions site eligibility in the SFSP to reduce the site eligibility requirements in which a least 50 percent of participants must qualify for free and reduced-price meals under the National School Lunch Program and the School Breakfast Program to at least 30 percent free and reduced-meals eligibility.  7CFR 225.5 (a)(b)(c). 

    MSDE is requesting to allow approved sponsors and institutions to initially (upon approval of this waiver request) operate SFSP open sites and, also, At-Risk CACFP sites in areas in which at least 30 percent of area participants are eligible for free and reduced-price meals.

    For more information please call 410-767-0199.



  • On March 24, 2020, the Office of School and Community Nutrition Programs of the Maryland State Department of Education submitted a waiver request to the Mid-Atlantic Regional Office of the USDA to waive the requirements of the SFSP that only children in attendance be documented on the meal count records.  The MSDE is requesting this waiver to allow parents and guardians to pick up SFSP meals for eligible children in the event an eligible child cannot attend an approved SFSP meal site. 7 CFR 225.6(e)(15)

The goal of the waiver is to allow for continued SFSP meal service for participants in the event that they are unable to travel to the meal distribution site.

For more information please call 410-767-0199.

  • On March 20, 2020, the Office of School and Community Nutrition Programs of the Maryland State Department of Education submitted a waiver request to the Mid-Atlantic Regional Office of the USDA to waive the requirements of the SFSP meal service requirements in the event of a supply chain disruption or limited product availability. 7CFR 225.16 (d)(1)(2)(3).

The goal of the waiver is to allow for continued SFSP meal service in the event of a supply chain disruption due to Covid-19.  This waiver will allow for continued access to meals for participants.

For more information please call 410-767-0199.


  • On March 18, 2020, the Office of School and Community Nutrition Programs of the Maryland State Department of Education submitted a waiver request to the Mid-Atlantic Regional Office of the USDA to waive the restrictions site eligibility in the SFSP to reduce the site eligibility requirements in which a least 50 percent of participants must qualify for free and reduced-price meals under the National School Lunch Program and the School Breakfast Program to at least 40 percent free and reduced-meals eligibility.  7CFR 225.5 (a)(b)(c). 

The goal of the waiver is to allow for increased access to meals for participants by increasing the number of available eligible sites.

For more information please call 410-767-0199.


  • On March 14, 2020, the Office of School and Community Nutrition Programs of the Maryland State Department of Education submitted a waiver request to the Mid-Atlantic Regional Office of the USDA to waive the restrictions on the number and type of meals served in the SFSP to allow for meal service up to three meals and a snack per day 7CFR 225.16 (3)(i)(ii).

The goal of the waiver is to permit social distancing that may be necessary to avoid the spread of a virus such as the novel coronavirus while maintaining participants’ access to meal service during school closures.

For more information please call 410-767-0199.


  • On March 9, 2020, the Office of School and Community Nutrition Programs of the Maryland State Department of Education submitted a waiver request to the Mid-Atlantic Regional Office of the USDA to allow meals to be served in a non-congregate setting (7 CFR 225.6)(e)(15).

The goal of the waiver is to permit social distancing that may be necessary to avoid the spread of a virus such as the novel coronavirus.

For more information please call 410-767-0199.


USDA Nondiscrimination Statement:

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. 

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits.  Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339.  Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

(1)  mail: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW

Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; or

(3) email: program.intake@usda.gov.

This institution is an equal opportunity provider.

NOTE: If the material is too small to contain the full statement, the material, at a minimum, must include the following statement:

Ø  This institution is an equal opportunity provider.

Ø  And, if appropriate: Esta institución es un proveedor que ofrece igualdad de oportunidades.

 

MSDE Nondiscrimination statement:

The Maryland State Department of Education does not discriminate on the basis of age, ancestry/national origin, color, disability, gender identity/expression, marital status, race, religion, sex, or sexual orientation in matters affecting employment or in providing access to programs and activities and provides equal access to the Boy Scouts and other designated youth groups. For inquiries related to Department policy, please contact:

Equity Assurance and Compliance Office
Office of the Deputy State Superintendent for Finance and Administration
Maryland State Department of Education
200 W. Baltimore Street - 6th Floor
Baltimore, Maryland 21201-2595
410-767-0426 - voice
410-767-0431 - fax
410-333-6442 - TTY/TDD




During the school year, nutritious meals are available to students through the National School Lunch Program (NSLP) and the School Breakfast Program (SBP); however, these programs are not administered throughout summer, when schools are not in session.   The Summer Food Service Program (SFSP) is a federal program of the United States Department of Agriculture (USDA) made available to eligible areas and children to ensure that children receive nutritious meals throughout the year.  This program merges summer activity programs with a federal meal reimbursement program.

USDA overview of the Summer Food Service Program 
Meal Pattern



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