Public Notice - Child Nutrition Program State Waiver Request
NASHVILLE - In accordance with the United States Department of Agriculture (USDA) Food Nutrition Services policy memorandum, SP 04-2020, CACFP 03-2020, SFSP 03-2020 Meal Service During Unanticipated School Closures, November 5, 2019, the Tennessee Department of Human Services (DHS) is seeking a waiver of statutory and/or regulatory Program requirements that were identified in this memo.
A waiver request will be submitted to the USDA FNS Southeast Regional Office (SERO) for the Summer Food Service Program (SFSP) and Child and Adult Care Food Program (CACFP) to allow meal service at school sites during unanticipated school closures.
1. State agency submitting waiver request and responsible State agency staff contact information:
Tennessee Department of Human Services
Allette Vayda, Director of Operations- Food Programs
James K. Polk Building, 15th Floor
505 Deaderick Street, Nashville, TN 37243
615-313-3769
Allette.Vayda@tn.gov
2. Region:
South East Region
3. Eligible service providers participating in waiver and affirmation that they are in good standing:
This waiver request applies to all Summer Food Service Program (SFSP) and the Child and Adult Care Food Program (CACFP) organizations approved to operate SFSP sites and are in good standing.
4. Description of the challenge the State agency is seeking to solve, the goal of the waiver to improve services under the Program, and the expected outcomes if the waiver is granted. [Section 12(l)(2)(A)(iii) and 12(l)(2)(A)(iv) of the NSLA]:
TN DHS is requesting to serve meals in school sites as an additional meals service option should this site-type become available during an emergency or natural disaster. This is especially important if non-school sites in the area have also been affected by the natural disaster and a functioning school-site is determined to be the most accessible location where meals can be served. The overall goal for the request is to maximize all options and increase the availability of meals served in the event of an anticipated school closure and/or emergency. TN DHS will continue to allow approved non-schools to serve meals during unanticipated school closures.
5. Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:
TN is requesting to waive program regulations at 7 CFR 225.6(d)(1)(iv), which explains when evaluating a proposed food site (for approval), the State agency shall ensure that if it is a site proposed to operated during an unanticipated school closure, it is a non-school site.
6. Detailed description of alternative procedures and anticipated impact on Program operations, including technology, State systems, and monitoring:
TN DHS does not anticipate any required Program operational changes, including those affecting technology, State systems and monitoring. If the waiver is not approved, TN DHS will continue its normal process of ensuring meals are served in approved non-school sites during unanticipated school closures. However, If the waiver is not granted, there would be a reduction in the number of potential sites and meals served during unanticipated school closures. TN DHS will follow the provisions outlined in USDA Policy Memorandum, SP 04-2020, CACFP 03-2020, SFSP 03-2020, Meal Service during Unanticipated School and Day Care Closures.
7. Description of any steps the State has taken to address regulatory barriers at the State level. [Section 12(l)(2)(A)(ii) of the NSLA]:
TN DHS is not anticipating any regulatory barriers at the State level.
8. Anticipated challenges State or eligible service providers may face with the waiver implementation:
The SA does not anticipate any challenges with implementing this waiver.
9. Description of how the waiver will not increase the overall cost of the Program to the Federal Government. If there are anticipated increases, confirm that the costs will be paid from non-Federal funds. [Section 12(l)(1)(A)(iii) of the NSLA]:
The SA does not anticipate any this waiver increasing the overall cost of the Program to the Federal Government.
10. Anticipated waiver implementation date and time period:
Requested Start Date: March 4, 2020
Requested End Date: December 31, 2022
11. Proposed monitoring and review procedures:
TN DHS will follow the review procedures in accordance with 7 CFP 225.7(d). TN DHS will provide training and technical assistance to sponsors in need of additional guidance in operating approved SFSP meal sites during unanticipated school closures. TN DHS will conduct monitoring visits and reviews to ensure sponsors operate eligible meal sites in accordance with USDA regulations. TN DHS will ensure SFSP application procedures are in accordance with USDA regulations and ensure sponsors submit adequate documents to support site eligibility. Approved SFSP sites and meal times will be listed in the SFSP application system.
12. Proposed reporting requirements (include type of data and due date(s) to FNS):
The SA will provide to FNS a list of all approved SFSP Sponsors and sites participating in the waiver by December 31st of each year. The SA will provide to FNS the number of meals served by sites participating in the waiver to remove meal time restrictions by December 31st of each year.
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