Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. OMB Control Number: Cohen JFW, Hecht AA, McLoughlin GM, Turner L, Schwartz MB. 1503 & 1507. FNS is hosting a webinar for school food authority staff focused on the proposed rule. Household Food Security in the United States in 2021, by Alisha Coleman-Jensen, Matthew P. Rabbitt, Christian A. Gregory, and Anita Singh, ERS, September 2022 (p. 9). CEP allows schools to offer breakfast and lunch each school day at no cost to all students. In the early years of nationwide CEP availability, State agencies and LEAs were concerned about the impact of CEP on NSLP and SBP participation and school finances. Abstract: Because the approval for OMB Control Number 0584-0026 expires on July 31, 2023, to ensure that the review of this proposed rule does not interfere with this renewal, FNS is requesting a new OMB Control Number for the existing information requirements which are impacted by this proposed rule. Community Eligibility Provision - Summary of Proposed Rule Available at Individual schools participating in CEP as part of a group would be permitted to have an ISP lower than 25 percent, provided that the group's aggregate ISP is at least 25 percent. 6201Families First Coronavirus Response Act, became Public Law Number 116-127. "As the organic market has grown, organic supply chains have become more complex. 5. Available at CEP schools do not claim reduced price meals. 25. This annual notification intends to prompt nearly eligible LEAs and schools to consider CEP and whether it is beneficial to take actions ( In addition, conducting robust data matching is critical to support CEP implementation. States Step in as End of Free School Meal Waivers Looms. Available at: To be eligible for CEP under current regulations at 7 CFR 245.9(f), an LEA, group of schools, or school must: Section 11(a)(1)(F)(iii) of the NSLA and program regulations at 7 CFR 245.9(f)(3)(i) require the ISP to be established using the number of identified students and the number of total enrolled students as of April 1 of the prior school year. In some States, students are directly certified through Medicaid direct certification demonstration projects. USDA estimates 337 fewer LEAs than currently approved under OMB Control Number 0584-0026 will be required to fulfill the requirement at 7 CFR 245.6(c)(6)(i) that LEAs notify households of approval of meal benefit applications. These schools with an ISP of 25 percent are already likely receiving severe need payments based on USDA's analysis that schools with an ISP of 25 percent are estimated to have a free and reduced price percentage of at least 45 percent. Furthermore, the review suggested that free school meals for all may resolve the issues of social stigma, a lack of information ( More information and documentation can be found in our the material on FederalRegister.gov is accurately displayed, consistent with corresponding official PDF file on govinfo.gov. [37] https://www.cbpp.org/research/take-up-of-community-eligibility-this-school-year. CEP schools eliminate costs associated with school meal applications, including staff time and other resources dedicated to printing, distributing, collecting, processing, and verifying school meal applications. The OFR/GPO partnership is committed to presenting accurate and reliable Furthermore, this proposed rule does not impose substantial or direct compliance costs on State and local governments. USDA to Begin Work to Strengthen Enforcement of the Packers and As a result, more students, families, and schools would have an opportunity to experience the benefits of the Community Eligibility Provision, including access to meals at no cost, eliminating unpaid meal charges, minimizing stigma, reducing paperwork for school nutrition staff and families, and streamlining meal service operations. USDA is extending the public comment period on the proposed rule, "Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans," to May 10, 2023. . and services, go to group of schools, or school to have an ISP of at least 25 percent, as of April 1 of the school year prior to participating in CEP. WASHINGTON, Feb. 10, 2022 Today, the U.S. Department of Agriculture (USDA) announced the members of the newly established Equity Commission and its Subcommittee on Agriculture. The changes proposed in this rulemaking will impact the existing reporting requirement currently approved under OMB Control Number 0584-0026 and found at 7 CFR 245.9(f)(6) that State agencies must notify LEAs of their CEP status. break even), compared to respondents from non-participating schools. The documents posted on this site are XML renditions of published Federal Therefore, the concerns that contributed to USDA's decision to establish the ISP threshold at 40 percent have been alleviated. Community Eligibility Provision Evaluation Final Report. The proposed recordkeeping requirement adds a total of 1,200 annual burden hours and 15,003 responses into the new information collection request. Racial/Ethnic Enrollment in Public Schools. . [6] This threshold would provide the opportunity for more LEAs located in high poverty areas to elect CEP. A webinar for state agencies and school food authority staff focused on the proposed rule Child Nutrition Programs: Community Eligibility Provision - Increasing Options for Schools. e.g., 7. (7 CFR 245.9(f)(5), (6), (7)), Identification, Notification and Publication of Nearly Eligible LEAs and Schools. 33. Start Printed Page 17411 Schools must use non-Federal funding to cover food service costs that exceed the Federal assistance provided. This PDF is https://www.fns.usda.gov/cn/usda-cep-characteristics-study-sy-2016-17 e.g., i.e., If all operating costs are covered by the Federal assistance provided, then LEAs are not required to contribute non-Federal funds (7 CFR 245.9(f)(4)(vii)). Leveraging the White House Conference to Promote and Elevate Nutrition Security: The Role of the USDA Food and Nutrition Service (2022). Mail: The term highly eligible refers to schools and districts with an ISP greater than or equal to 60 percent. http://schoolnutrition.org/2019-school-nutrition-trends-summary-report/. U.S. Department of Agriculture. Eligible schools must assess their ability to cover operating costs with Federal assistance and, if necessary, other non-Federal funds. Since the child nutrition programs are State-administered, USDA's FNS Regional Offices have formal and informal discussions with State and local officials, including representatives of Indian Tribal Organizations, on an ongoing basis regarding program requirements and operations. Through CEP's grouping mechanism,[38] Comments may be submitted in writing by one of the following methods: Federal eRulemaking portal: Go to http://www.regulations.gov. that agencies use to create their documents. It is our hope that Congress takes action to increase the multiplier in order to encourage CEP participation. An expanded CEP has also been viewed as a pathway to bring back the pandemic-era waivers that allowed universal free school meals nationwide. Available at The proposed recordkeeping requirement adds a total of 307 annual burden hours and 337 responses into the new information collection request. USDA Proposed Rule Change to Expand the Community Eligibility Provision https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-56), COVID-19 Child Nutrition Response #59: Nationwide Waiver to Allow Summer Food Service Program and Seamless Summer Option Operations through School Year 2020-2021Extension (available at: 29. The proposed reporting requirement adds a total of 231 annual burden hours and 4,628 responses into the new information collection request. via improved direct certification) to begin a new 4-year CEP cycle. Students in States participating in the Medicaid direct certification demonstration projects are only included in the ISP if they are certified for free meals (not reduced price meals). Farm to School Blog Prepared by the U.S. Department of Agriculture, Food and Nutrition Service, Office of Policy Support and Child Nutrition Programs, Alexandria, VA. Many State and local officials throughout the country enthusiastically embraced the new provision, resulting in significant CEP expansion. USDA's CEP studies found that financial concerns were the most significant barrier to CEP participation for LEAs with lower ISPs.[36]. To date, only LEAs, groups of schools and schools with ISPs of at least 40 percent have been able to experience the benefits of CEP. establishing the XML-based Federal Register as an ACFR-sanctioned https://www.fns.usda.gov/cn/usda-cep-characteristics-study-sy-2016-17 States and LEAs may share the required information prior to the April 15 deadline. https://fns-prod.azureedge.us/sites/default/files/resource-files/NSLPDirectCertification2017-1.pdf. This proposed rule has been determined to be not significant and was not reviewed by the Office of Management and Budget (OMB) in conformance with Executive Order 12866. E-Rate guidance for CEP schools is available at: should verify the contents of the documents against a final, official (p. 127). BROADUS, Mont. All responses to this document will be summarized and included in the request for OMB approval. (4) To what extent are administrative cost savings a factor in determining whether to elect CEP? Community Eligibility Provision Evaluation Final Report. 1759a(a)(1)(F)(x)(II); 7 CFR 245.9(f)(5) and (f)(6)). In fact, the number of schools and districts participating in CEP jumped 21% for the 2022-23 school year following the June 2022 expiration of that waiver.. USDA's February proposed rule to gradually implement more stringent school nutrition standards . About two-thirds of the 75 largest highly eligible school districts identified by USDA elected CEP for at least some of their schools in SY 2014-2015, while about half of electing LEAs had enrollments of 500 or fewer students. Privately Owned Vehicle (POV) Mileage Reimbursement Rates Additionally, States may not set an eligibility threshold lower than an ISP of 25 percent for participation in CEP. Estimated Number of Respondents: better and aid in comparing the online edition to the print edition. Starting July 1, 2014, when CEP was fully implemented, Congress gave the Secretary discretion to use a multiplier between 1.3 and 1.6 (42 U.S.C. Available online at: Lowering the CEP minimum eligibility threshold would provide States and LEAs with greater flexibility to combine CEP with State initiatives to simplify Program administration, reduce burden, and offer meals to all students at no charge. http://www.fns.usda.gov/sites/default/files/CEPEvaluation.pdf FNS provides regularly scheduled consultation sessions as a venue for collaborative conversations with Tribal officials or their designees. However, in 2021, food insecurity among households with children dropped, likely dueat least in partto the widespread availability of no-cost meals available to children via schools authorized by Congress during the COVID-19 pandemic. Pursuant to 42 U.S.C. The Commission will hold its first public meeting on February 28, 2022. If an LEA determines that a new 4-year cycle may not be immediately elected because its ISP is less than the required threshold, but no more than 10 percentage points lower, then the LEA may elect to participate in CEP for an additional (fifth) year, or grace year (Section 11(a)(1)(F)(v) of the NSLA and 7 CFR 245.9(f)(4)(ix)). Federal eRulemaking Portal: After OMB has approved the information collection requirements submitted in conjunction with the final rule and after the renewal is completed, FNS will merge these requirements and their burden into OMB Control Number 0584-0026. Learn more here. DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service 9 CFR Part 412 [Docket No. This gives stakeholders, including school districts and schools, an opportunity to consider changes and related impacts to the costs and benefits of electing CEP. Program integrity is essential to the effectiveness of school nutrition programs, and responsible stewardship of Federal taxpayer dollars. The bill also gave USDA authority to waive school meal pattern requirements for the child nutrition programs in response to a disruption to the food supply as a result of the COVID-19 pandemic. WASHINGTON, March 6, 2023 - The U.S. Department of Agriculture (USDA) today released a proposed rule with new regulatory requirements to better align the voluntary "Product of USA" label claim with consumer understanding of what the claim means. If USDA proposed rule that lowers the ISP needed to participate in CEP is finalized and made effective in the 2023-24 school year, you may then qualify for CEP and have the opportunity to submit an application . All notices, except for final rules, are open for public comment until the deadline stated within the notice. The Community Eligibility Provision (CEP) is an option for eligible schools to offer no-cost meals to all enrolled students without collecting household applications. USDA invites public comment on the Strengthening Organic Enforcement proposed rule through Oct. 5, 2020. DOCX Home - Food Research & Action Center Minimum ISP Threshold As previously outlined, the proposed rule is likely to impact the growing number of minority students and families attending public schools that face a greater risk of food insecurity and health disparities by providing sustained nutritious food and reducing families' paperwork burdens. (2014). Section 11(a)(1)(F)(x)(III) of the NSLA, as implemented by 7 CFR 245.9(f)(7), requires, annually by May 1, State agencies to submit to USDA lists of LEAs and schools eligible to elect CEP. FNS has reviewed the proposed rule, in accordance with Departmental Regulation 4300-004, Civil Rights Impact Analysis, to identify and address any major civil rights impacts the proposed rule might have on participants on the basis of age, race, color, national origin, sex, and disability. [19] (p. 8-14 through 9-3). USDA proposes to expand CEP. [12], Another benefit of CEP is reduced administrative burden and increased program efficiency. Researchers also observed that CEP exposure is associated with an almost 5 percent decline in households classified as food insecure. Modes of Transportation. The final rule codified CEP requirements in Federal regulation, including the following: By codifying the CEP eligibility threshold and multiplier in the final rule, USDA committed to pursue any subsequent changes to the eligibility threshold or multiplier through the Federal regulatory process, including an opportunity for public comment. The Department has determined that this proposed rule does not have federalism implications. A study conducted by the National Bureau of Economic Research indicated households with children receiving free school meals through CEP saved between 5 percent and 19 percent on their monthly grocery bills. Individually eligible means a school's individual ISP is 40 percent or higher. To determine an appropriate threshold, USDA considered operational factors, including characteristics of LEAs currently eligible and near eligible to elect CEP, and analyzed the composition of the ISP and the proportion of free and reduced price students at varying ISP levels. Lastly, LEAs and schools should consider how any data loss from school meal applications may impact other funding levels outside of the school meal programs. The Community Eligibility Provision (CEP) is an option for eligible schools to offer no-cost meals to all enrolled students without collecting household applications. The Consolidated Appropriations Act, 2021 (Public Law 116 - 260) - provides the Secretary of Agriculture $10 million until expended to carry out a pilot program to offer financial assistance for rural communities to develop renewable energy. Federal Register 15,677. This rulemaking proposes to lower the CEP eligibility threshold from 40 percent to 25 percent, and make related, conforming changes to the CEP regulatory text at 7 CFR 245.9(f). Among the Year 2 sample, the impact on the NSLP participation rates was statistically significant Significantly, these data indicated that a broad range of LEAs chose to elect CEP. the fourth year of a CEP cycle) to continue using CEP for a grace year. Identified students are certified for free school meals without submitting a household application, such as those directly certified through the Supplemental Nutrition Assistance Program (SNAP). [41] A 25 percent threshold allows CEP to benefit communities with high proportions of children eligible for free or reduced price meals. However, there may be additional impacts that LEAs and schools need to consider. schools with ISPs of at least 30 percent, but less than 40 percent) must be annually notified of their near eligibility (42 U.S.C. In addition, USDA worked in cooperation with State agencies and anti-hunger partners to share resources, success stories and best practices for making CEP work at all ISP levels. Making these lists publicly available will not take any additional time than is currently approved under OMB Control Number 0584-0026 and accordingly is not addressed in this information collection. USDA expects that as a result of the proposed changes, 337 more LEAs than currently approved under OMB Control Number 0584-0026 will elect CEP and be required to fulfill the recordkeeping requirement at 7 CFR 245.9(h)(3) that LEAs maintain documentation related to the methodology used to calculate the ISP and determine eligibility for the CEP. between 25 and 40 percent) would have similar financial concerns. USDA Is accepting public and stakeholder . Estimate Total Annual Burden on Respondents: (2021). (2022). i.e., USDA's CEP Characteristics Study found that increases in student participation positively impacted LEAs' finances. Preregistration is required. The proposed reporting requirement adds a total of 99,620 annual burden hours and 4,980,996 responses into the new information collection request. [20] To assist LEAs with making sound financial decisions related to CEP participation, the USDA created an online resource, the CEP Resource Center, which provides extensive guidance and technical assistance to State agencies and LEAs, including practical tools and best practices to help LEAs estimate the Federal reimbursement under CEP. seeking to add CEP to regulations governing the determination of eligibility for free and reduced price meals and free milk in schools, consistent with amendments made to the NSLA by the HHFKA (78 FR 65890). Under CEP, a minimum ISP of 25 percent results in 40 percent of meals reimbursed at the free rate (25 1.6 = 40). Dear Madams and Sirs: As two of the co-chairs of the Bipartisan Policy Center's Food and Nutrition Security Task Force (task force), we are writing to strongly support the U.S. Department of Agriculture's (USDA) proposed rule to expand access to the Community Eligibility Provision (CEP) by lowering the minimum identified student percentage . Lowering the eligibility threshold would allow States and local educational agencies to optimize use of the Community Eligibility Provision, helping them to support school meals in a more streamlined manner. CEP and severe need payments strive to benefit schools that serve high poverty areas. 1759a(a)(1)(F)(vii)(I)) and the ISP threshold for eligibility at 40 percent (42 U.S.C. (p. 4). 2021 Mar 11;13(3):911. Of those reporting a decreased administrative burden, food service staff spent more time conducting other administrative tasks (73 percent), overseeing food program operations (69 percent), and planning meal services (56 percent). Notably, the study indicated [4] The COVID-19 pandemic provided an unintended experiment that highlighted the critical role that schools play in providing food and nutrition security to millions of children. WASHINGTON, June 11, 2021 The U.S. Department of Agriculture (USDA) will begin work on three proposed rules to support enforcement of the Packers and Stockyards (P&S) Act, the 100-year old law that was originally designed to protect poultry and hog farmers and cattle ranchers from unfair, deceptive, and anti-competitive practices in the meat markets. Respondents are not required to respond to any collection of information unless it displays a current, valid OMB Control Number. USDA expects that the number of LEAs that must be notified will increase by 4,628 based on the proposed changes. 1. http://www.fns.usda.gov/sites/default/files/CEPEvaluation.pdf This suggests that the impact of CEP lasted beyond the first year of implementation and actually grew by one percentage point from the first to second year of implementation. USDA proposes new rule to expand CEP access - FoodService Director 2. 35. Do School Food Programs Improve Child Dietary Quality? 1759a(a)(1)(F)(viii)(I)). National Conference of State Legislatures. (2) What sources of non-Federal funds are available to support LEAs electing CEP at lower ISPs? Available at: National School Lunch Program and School Breakfast Program: Eliminating Applications through Community Eligibility as Required by the Healthy, Hunger-Free Kids Act of 2010 No specific additional burdens are placed on small LEAs seeking to operate CEP. 2. To help get there, USDA published the first of several priority initiatives supporting enforcement of the Packers and Stockyards Act, which protects poultry growers and livestock producers from unfair, deceptive, and anti-competitive practices. The rule proposes to expand access to the Community Eligibility Provision (CEP) by lowering the minimum identified student percentage participation threshold from 40 percent to 25 percent, which would give States and schools greater flexibility to choose to invest non-Federal funds to offer no-cost meals to all enrolled students. Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory USDA's Community Eligibility Provision Characteristics Study, School Year 2016-2017 available at Prepared by Westat, Inc., Contract No. USDA estimates that 54 State Agency respondents will be required to review and confirm LEAs' eligibility to participate in Provisions 1, 2, or 3 or the CEP for approximately 337 LEAs electing CEP each year and that it takes approximately five minutes (.08 hours) to complete this recordkeeping requirement for each record. Am. The respondent groups identified include households, State Agencies and LEAs. Available at On March 23, 2023, the United States Department of Agriculture Food and Nutrition Service (USDA) proposed a rule change to dramatically expand child access to school meals. Community Eligibility Resource Center. Title I Guidance for CEP schools is available at: U.S. Department of Agriculture. Governor Gianforte: Proposed BLM Rule Is a Solution in Search of a Problem 1759a(a)(1)(F)(viii)(I)). processing applications, managing unpaid meal charges, conducting verification)? "This proposed rule will. As a practical response to support financial viability, USDA established the CEP participation threshold at 40 percent. https://www.fns.usda.gov/cn/updated-title-i-guidance-schools-electing-community-eligibility. Beyler, N., Murdoch, J., & Cabili, C. (2021). Comments will also be accepted through the Federal eRulemaking Portal. 12. Electing CEP is a local decision, not a Federal mandate, and lowering the CEP eligibility threshold from 40 percent to 25 percent does not limit State or local policymaking discretion. U.S. Department of Education's National Center for Education Statistics. The Effect of Free School Meals on Household Food Purchases: Evidence from the Community Eligibility Provision. 1759a(a)(1)(F)(x)(I), CEP became available nationwide to all eligible schools at the discretion of their LEAs. If you are using public inspection listings for legal research, you 48/Monday, March 13, 2023/Proposed Rules 15291 1 In this proposed rule, the Agency is using both terms ''preparation'' and ''processing'' for clarity and completeness. [7] Therefore, this proposed rule is not subject to the requirements of sections 202 and 205 of UMRA. This proposed rule begins the next stage, where USDA will further improve the school meal pattern requirements through this notice-and-comment rulemaking based on a comprehensive review of the Dietary Guidelines for Americans, 2020-2025 (Dietary Guidelines), robust stakeholder input on school nutrition standards, and lessons learned from prior . 30. Ibid. 0.052 (approximately 3 minutes). Until the ACFR grants it official status, the XML Individual schools participating in CEP as part of a group would be permitted to have an ISP lower than 25 percent, provided that the group's aggregate ISP is at least 25 percent. Prior to any judicial challenge to the provisions of this proposed rule or the application of its provisions, all applicable administrative procedures must be exhausted. Federal Register :: Child Nutrition Programs: Revisions to Meal [18], Another related benefit is that CEP has been found to improve program integrity by simplifying Program administration. 628,673 hours. 601-612) requires Agencies to analyze the impact of rulemaking on small entities and consider alternatives that would minimize any significant impacts on a substantial number of small entities. For these two school years during the COVID-19 pandemic, USDA provided waivers authorized under the Families First Coronavirus Response Act and the Continuing Appropriations Act, 2021 and Other Extensions Act that allowed schools across the country to offer free meals to all students. [13] https://www.fns.usda.gov/cn/usda-cep-characteristics-study-sy-2016-17. To optimize CEP's reach and impact, States and school districts must work together to ensure that data matching systems find all identified students, so a school's ISP accurately reflects its student population.

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