06/02/2023, 245 on FederalRegister.gov 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. Making CEP work at a lower ISP requires careful consideration. Type of Request: The ISP for a group of schools is calculated by dividing the sum of the identified students for the entire group of schools by the sum of the total student enrollment for the entire group of schools. 40 percent to 25 percent, 30 percent to 15 percent) consistent with the proposed lower threshold; no additional substantive changes are proposed by this rulemaking. 8. Data from Ranalli, Dennis, Templin, Joe, & Applebaum, Maggie (2021). http://www.regulations.gov. USDA estimates that 337 more LEAs than currently approved under OMB Control Number 0584-0026 will fulfill the requirement at 7 CFR 245.9(g) that LEAs amend free and reduced policy statements and certify that schools meet the eligibility criteria when electing CEP and that it takes approximately six minutes (.1 hours) to complete this reporting requirement for each record. 1.04. Program integrity is essential to the effectiveness of school nutrition programs, and responsible stewardship of Federal taxpayer dollars. The list of eligible and nearly eligible schools is posted on the department website annually. Information about this document as published in the Federal Register. U.S. Department of Agriculture. E: [email protected] P: 615-259-INFO F: Legal; Careers . Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. OMB #0584-0612, expiration 9/30/2019. The Community Eligibility Provision (CEP) is an option for eligible schools to offer no-cost meals to all enrolled students without collecting household applications. processing applications, managing unpaid meal charges, conducting verification)? This site displays a prototype of a Web 2.0 version of the daily (5) How do State policies related to offering free school meals for all students influence the likelihood of CEP election among newly eligible LEAs? Below is a summary of the changes in the rule and the accompanying reporting and recordkeeping requirements that will impact the burden that program requirements have on State administering agencies, local education agencies (LEAs), and participating households. USDA published a CEP Characteristics Study in March 2022, which highlighted, in depth, the benefits of CEP. Examples of non-Federal funding sources include, but are not limited to, funds provided by the State agency that exceed revenue matching requirements outlined in section 7 of the National School Lunch Act (NSLA) and at 7 CFR 210.17, profits from la carte sales, and cash donations. The proposals outlined in this rulemaking will therefore initially be shown as increases to the information collection inventory. Available at: Estimate Total Annual Burden on Respondents: When such a statement is needed for a rule, section 205 of UMRA generally requires USDA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost-effective, or least burdensome alternative that achieves the objectives of the rule. Student participation increases contributed to CEP schools being significantly more likely to report that it was easier to balance nonprofit school nutrition financial accounts ( [19] 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. 7922; Mendenhall Glacier Recreation Area; Alaska, Safety Zone; Sausalito Fireworks Display; San Francisco Bay, Sausalito, CA, Energy Conservation Program: Test Procedure for Commercial Warm Air Furnaces, Agency Information Collection Activities; Migratory Bird Surveys, Migraine: Developing Drugs for Preventive Treatment, Moving Beyond COVID-19 Vaccination Requirements for Federal Workers, Imposing Sanctions on Certain Persons Destabilizing Sudan and Undermining the Goal of a Democratic Transition, Statutory Requirements Regarding the ISP Threshold and CEP Multiplier, Regulatory History & National Implementation, Why USDA Is Proposing a 25 Percent ISP Threshold, What does a lower CEP threshold mean for schools? This proposed rule would amend the following public notification requirements to conform with the proposed 25 percent ISP threshold in 7 CFR 245.9(f)(3): USDA solicits public comments on the proposed change to lower the CEP minimum ISP participation threshold to 25 percent. documents in the last year, 415 USDA estimates 337 fewer LEAs than currently approved under OMB Control Number 0584-0026 will be required to fulfill the requirement at 7 CFR 245.6a(f) that LEAs notify households of selection for verification. 12,155,590. https://www.fns.usda.gov/cn/usda-cep-characteristics-study-sy-2016-17 documents in the last year, by the Fish and Wildlife Service 42 U.S.C. U.S. Department of Agriculture. https://fns-prod.azureedge.us/sites/default/files/resource-files/CEPSY2016-2017.pdf. U.S. Department of Education's National Center for Education Statistics. U.S. Department of Agriculture. 2021-22 Title I Schools List 2020-21 Title I Schools List . CEP aims to combat child hunger in high poverty areas, while reducing administrative burden and increasing program efficiency by using current, readily available data to offer school meals to all students at no cost. and follow the online instructions for submitting comments electronically. 06/02/2023, 863 03/22/2023 at 8:45 am. For the reasons stated in the preamble, FNS proposes to amend 7 CFR part 245 as follows: 1. More than 80 percent of total School Breakfast Program breakfasts served receive severe need payments, based on FNS Administrative data from the National Data Bank. it takes approximately five minutes (.08 hours) to complete this reporting requirement for each record. The term highly eligible refers to schools and districts with an ISP greater than or equal to 60 percent. 12. Available at: For schools with similar identified student populations, especially those with non-Federal funds available to support school meals, CEP may be financially viable and offer significant student health, operational, and administrative benefits. has no substantive legal effect. [2], % Meals reimbursed at Federal free rate = ISP 1.6. More information and documentation can be found in our Estimated Number of Responses per Respondent: TENNESSEE FAMILIES: Multiple Promotion Pathways Available for 3rd Grade Students, Tennessee Investment in Student Achievement (TISA) Formula, Tennessee Value-Added Assessment System (TVAAS), Tennessee Educator Acceleration Model (TEAM), Special Populations and Intervention Programs, Districts and Schools Eligible to Participate in CEP, Title I Guidance for Schools Electing Community Eligibility (March 2015), E-Rate Guidance for Schools Electing CEP (November 2014). To be eligible to participate, a district, school, or groups of schools from the same district must have a directly certified identified student percentage of at least 40% by April 1, prior to the first year of implementation. CEP and severe need payments strive to benefit schools that serve high poverty areas. [39] Making Sense of Title I Parent and Family Engagement, Tennessee Pathways: Defining High-quality Advisement and Early College and Career Experiences, Hindsight is 20/20: Monitoring Trends and Mitigating Risk, Guiding Principles for Improving the Lowest-performing Schools in Tennessee, Foster Care: Understanding the Best Interest Determination (BID) Meeting, Every Student: Schoolwide Consolidation - An Option to Maximum Every Dollar, A Sneak Peek: New ePlan-embedded Monitoring Instruments for 2019-20, Culturally Inclusive Practices Admin Rubric, ESL Directors Mini-Conference Day 2 PowerPoint, Non-Regulatory Guidance: Using Evidence to Strengthen Education Investments, Title I, Part A - Improving Basic Programs Operated by Local Educational Agencies, Title I, Part D Subpart 2 -Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk, Title II - Preparing, Training, and Recruiting High-Quality Teachers, Principals, and Other School Leaders, Title III, Part A - English Language Acquisition, Language Enhancement, and Academic Achievement Act, Title IV, Part A - Student Support and Academic Enrichment Grants, Title V, Part B - Rural Education Initiative [Small Rural School Achievement (SRSA) & Rural and Low Income Schools (RLIS)], Title IX, Part A - Education for Homeless Children and Youth, Certification of Employment Personnel Activity Forms 2015-10, ESSA Requirement: Military Data Reporting, US Ed Use of Funds: Conference, Meetings & Food, Use of Federal Funds for Pre-kindergarten Q&A 2022-08-19, Intent to Participate Form_Consolidated School-Wide Pool 2021.03.01, Title I School-wide Consolidation Presentation 2021.03.01, Title I, Part A Service Options 2021.02.26, Title I, Part A Targeted Assistance Programs Overview_2021.02.24, Waivers for a School-Wide Title I Program 2021.02, Federal Education Funds for Incentives and Rewards, Guidance for Allocations and Title I Spiral, Guidance on Using Federal Education Funds for Food, Serving Preschool Children Through Title I, Part A, Title I Fiscal Issues (MOE, Comparability, Supplement not Supplant, Carryover, Consolidating Funds), Title I-A Title I-D Neglected and Delinquent Overview, USED Title I-Homeless Letter on transportation (July, 2014), Required Occupational Survey for Migrant Education (PDF - Amharic), Required Occupational Survey for Migrant Education (PDF - Arabic), Required Occupational Survey for Migrant Education (PDF - Chinese), Required Occupational Survey for Migrant Education (PDF - English), Required Occupational Survey for Migrant Education (PDF - Gujarati), Required Occupational Survey for Migrant Education (PDF - Kinyarwanda), Required Occupational Survey for Migrant Education (PDF - Kurdish), Required Occupational Survey for Migrant Education (PDF - Somali), Required Occupational Survey for Migrant Education (PDF - Spanish), Required Occupational Survey for Migrant Education (PDF - Swahili), Required Occupational Survey for Migrant Education (PDF - Telugu), Required Occupational Survey for Migrant Education (PDF - Vietnamese), Categorical Eligibility of Migrant Children for Free School Meals, MEP Individual Needs Assessment (Optional) SUPPLEMENT TEMPLATE 2021-11, MEP Individual Needs Assessment TEMPLATE 2021-11, Migrant Education Program Overview Slides_2022-09-01, Tennessee Migrant Education Program: Suggested Use for MEP Funds 2021-03-23, Title I, Part C Migrant Education FY23 Program Guide 2022-04-25, Title I, Part C Migrant Education Program (MEP) Liaison Calendar 2022-05-09, Effective Use of Title II, Part A Presentation Slides 2021.01, Non-Regulatory Guidance for Title II, Part A, Optional Title II Activity Evaluation form.docx 2021.09, Title II Overview and Allowable Use of Funds 2021.11.05, Supporting Long-Term English Learners: A Guide, Title III Supplement, Not Supplant (SNS) 2022-02-24, Provisional English Learner Identification Procedure 2020-06, Federal Funding for Translation and Interpretation Services 2021.12.08, Tennessee English Language Development Self-Assessment (TELDSA) Level Data Collection Instrument 2022-03, Tennessee State Board of Education Rule 0520-01-19, FY22 Title III Immigrant Grant Presentation Slide deck 2021.10.04, FY22 Title III Immigrant Grant Overview 2021.10.04, FY22 Business Rules for Calculating and Awarding the Title III Immigrant Subgrant 2021.10.04, FY22 Title III Immigrant Grant Office Hours Schedule 2021.09.28, FY23 Title III Immigrant Grant Slides 2022-09-27, FY23 Business Rules for Calculating and Awarding the Title III Immigrant Subgrant 2022.09.27, FY23 Title III Immigrant Grant Rubric 2022-09-27, Optional Title IV Activity Evaluation form.docx 2021-09, Title IV, Part A Student Support and Academic Enrichment Grants Guidance, Using Federal Education Funds for Student Incentives and Rewards, FY24 Stronger Connections Grant Overview for Public Comment, FY24 Stronger Connection Grant Office Hours_2023-04-21, Stronger Connections Grant Technical Guide 2023-04-21, Non-Public School Intent to Participate Form_Stronger Connections Grant_2023-03-31, Equitable Services Affirmation and Agreement Form_Stronger Connections Grant_2023-03-31, Dear Colleague Letter: Stronger Connections Grant Program, Stronger Connections Grant Overview Slide Deck_2023-04-21, Frequently Asked Questions: Stronger Connections Grant Program, Navigating Resources for Rural Schools (National Center for Education Statistics), Optional Title V Activity Evaluation form.docx 2021-09, Title V Guidance on the Rural Education Achievement Program (REAP), Title V Overview_Rural Education Initiative 2021-03, Title V, Part B Alternative Fund Use Authorit, Title V, Part B, Subpart 2: Rural and Low-Income Schools (RLIS) Program 2021-02, U.S. Department of Education: REAP Informational Document 2021-01, Tennessee's Education for Homeless Children and Youth Data Factsheet 2021-03-01, Homeless Immunization Report Quick Guide 2023-05-15, McKinney-Vento Subgrant Mid-Year Performance Review Instructions 2023-01-06, Title IX McKinney-Vento Subgrant Technical Guide 2022-04-21, McKinney-Vento FY23 Subgrant Application Slide Deck 2022-04-18, McKinney Vento FY23 Subgrant Application Webinar Link 2022-04, McKinney-Vento FY23 Closeout Report Guidance 2023-05-10, Head Start Referral App for Children Experiencing Homelessness, Slide Deck Head Start Referral App for Children Experiencing Homelessness, Parent Information: School Help for Homeless Children with Disabilities, Navigating McKinney-Vento Act and Individuals with Disabilities, Supporting Homeless Children and Youth with Disabilities, NCHE: Supporting the Education of Immigrant Students Experiencing Homelessness 2017-12, U.S. Dept of Education Dear Colleague: School Enrollment Procedures 2014-05-08, U.S. Dept. USDA Community Eligibility Provision Characteristics Study, School Year 2016-2017. Community Eligibility Resource Center. This proposed rule would amend 7 CFR 245.9(f)(4)(ix), the regulations governing grace years, to conform with the proposed 25 percent ISP threshold in 7 CFR 245.9(f)(3), allowing an LEA, group of schools, or school with an ISP of less than 25 percent but equal to or greater than 15 percent (as of April 1 of 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. offers a preview of documents scheduled to appear in the next day's This rulemaking proposes to expand access to the Community Eligibility Provision (CEP) by lowering the minimum ISP 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. 17. (2021). USDA Community Eligibility Provision Characteristics Study, School Year 2016-2017. 9. A 25 percent threshold increases options for LEAs and schools that are currently near eligible, so they have more opportunity to consider electing CEP. 25. The proposed recordkeeping requirement adds a total of 27 annual burden hours and 337 responses into the new information collection request. 37. This threshold would provide the opportunity for more LEAs located in high poverty areas to elect CEP. on Available at: During this time, USDA continued to provide extensive guidance and technical assistance through conference calls, public speaking engagements, webinars, guidance publications, in-person visits, collaboration with partner organizations, and focused contact with States and LEAs. Therefore, the concerns that contributed to USDA's decision to establish the ISP threshold at 40 percent have been alleviated. The ISP is multiplied by 1.6 to calculate the percentage of meals reimbursed at the Federal free rate (7 CFR 245.9(f)(4)(vi)). Based on these analyses, at a 25 percent ISP, USDA estimates that at least 45 percent of students would be eligible for free or reduced price meals, if household income applications were collected. OMB #0584-0612, expiration 9/30/2019. Electing CEP reduces administrative burden for schools, providing more time to focus on meal quality and other aspects of administering the Programs. AG-3198-C-15-0008. https://fns-prod.azureedge.us/sites/default/files/resource-files/NSLPDirectCertification2017-1.pdf. This proposed rule contains no Federal mandates (under the regulatory provisions of Title II of URMA) for State, local and Tribal governments, or the private sector, of $146 million or more in any one year. Nationwide waivers permitting schools to offer free school meals to all students via the Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) demonstrated the benefits of offering all students free meals and, as a result, there is renewed interest in CEP.[28]. Participating in the CEP is a voluntary decision made by local school districts. USDA expects that as a result of the proposed changes, more LEAs electing CEP will be electing CEP for all schools in the LEA, or district wide. 1773(d); 7 CFR 220.9(d)). Start Printed Page 17414 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. https://www.fns.usda.gov/cn/updated-title-i-guidance-schools-electing-community-eligibility. 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. 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. Students enter these codes on the Free Application for Federal Student Aid (FASFA ) form to indicate which postsecondary schools will receive the processed application results. The promulgation of this proposed rule would expand access to no-cost meals for all enrolled students at participating CEP schools by lowering Where such actions have federalism implications, agencies are directed to provide a statement for inclusion in the preamble to the regulations describing the agency's considerations in terms of the three categories called for under section (6)(b)(2)(B) of Executive Order 13132. defined LEAs with lower ISPs as LEAs with ISPs at the lower end of CEP eligibility: between 40 and 50 percent. Start Printed Page 17413 Pursuant to that review, it has been certified that this proposed rule would not have a significant impact on a substantial number of small entities. Section 11(a)(1)(F)(v)(I) of the NSLA requires schools and LEAs in the fourth year of a 4-year CEP cycle interested in continuing participation in CEP to calculate a new ISP reflective of April 1 of the cycle's fourth year to: (1) elect a new 4-year CEP cycle with a new ISP; and (2) meet the following school year's publication and notification requirements as outlined at 7 CFR 245.9(f)(5). Under the current ISP threshold of 40 percent, individually eligible CEP schools receive qualify for the additional severe need payments. [4] documents in the last year, 1433 expiration date July 31, 2023. Start Printed Page 17409 CEP schools only claim meals at the free and paid reimbursement rates. There are several ways to qualify for the Affordable Connectivity Program such as participating in the Free and Reduced-Price School Lunch or School Breakfast Program (including the Community Eligibility Provision (CEP); participating in certain other federal assistance programs, including Medicaid, SNAP, WIC benefits, or Federal Pell Grants (cu. The ISP determines eligibility to participate in CEP and is also the basis of Federal reimbursements for meals served to students in CEP schools. usda.gov). USDA expects that as a result of the proposed changes, more LEAs electing CEP will be electing CEP for all schools in the LEA, or district wide. Beyler, N., Murdoch, J., & Cabili, C. (2021). i.e., Universal School Meals and Associations with Student Participation, Attendance, Academic Performance, Diet Quality, Food Security, and Body Mass Index: A Systematic Review. documents in the last year, 829 USDA estimates that 2,205 fewer households than currently approved under OMB Control Number 0584-0026 will be required to fulfill the requirement at 245.6a (a)(7)(i) that households assemble written evidence for verification of eligibility for free and reduced price meals and send to LEA. include documents scheduled for later issues, at the request Census Bureau data show food insecurity surged during the COVID-19 pandemic. (Section 104a of the Healthy, Hunger-Free Kids Act) https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-59), and COVID-19 Child Nutrition Response #85: Nationwide Waiver to Allow the Seamless Summer Option through School Year 2021-22 (available at: 1759a(a)(1)(F)(vii)(I)) and the ISP threshold for eligibility at 40 percent (42 U.S.C. This rulemaking proposes only to change the numbers ( This first comprehensive study since CEP became available nationwide compared the impact of CEP participation in school districts that elected CEP to similar non-participating school districts. 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. The proposed reporting requirement adds a total of 99,620 annual burden hours and 4,980,996 responses into the new information collection request. More information is available at: Available at This proposed rule will expand access to CEP by lowering the ISP. Therefore, under section 6(b) of the Executive Order, a Federalism summary impact statement is not required. USDA assumes that, if the eligibility threshold was lowered to 25 percent, eligible LEAs with lower ISPs ( i.e., The 2022 CEP Characteristics Study showed that about 70 percent of LEAs reported the elimination of unpaid meal charges as a benefit of CEP. Available at 3.49. chapter 35; 5 CFR 1320) requires that the Office of Management and Budget (OMB) approve all collection of information requirements by a Federal agency before they can be implemented. This provides USDA with the opportunity to receive regular input from program administrators and contributes to the development of feasible program requirements. USDA's initial CEP study of the phase-in States demonstrated that CEP consistently saved time for LEA food service administrative staff, school nutrition professionals, and school administrators. A 25 percent CEP eligibility threshold also aligns operationally with the minimum threshold for which severe need payments are provided under the Child Nutrition Act to incentivize schools to participate in the SBP. Considerations for Electing CEP, Identification and Notification of Potential CEP LEAs and Schools, PART 245DETERMINING ELIGIBILITY FOR FREE AND REDUCED PRICE MEALS AND FREE MILK IN SCHOOLS, https://www.federalregister.gov/d/2023-05624, MODS: Government Publishing Office metadata, https://www.cbpp.org/research/take-up-of-community-eligibility-this-school-year, http://www.fns.usda.gov/sites/default/files/CEPEvaluation.pdf, https://www.fns.usda.gov/cn/usda-cep-characteristics-study-sy-2016-17, https://fns-prod.azureedge.us/sites/default/files/resource-files/CEPSY2016-2017.pdf, http://schoolnutrition.org/2019-school-nutrition-trends-summary-report/, https://fns-prod.azureedge.us/sites/default/files/resource-files/APECIII-Vol1.pdf, https://fns-prod.azureedge.us/sites/default/files/resource-files/NSLPDirectCertification2017-1.pdf, https://frac.org/wp-content/uploads/cep-report-2022.pdf, https://www.fns.usda.gov/cn/updated-title-i-guidance-schools-electing-community-eligibility, https://www.fns.usda.gov/cn/updated-e-rate-guidance-schools-electing-community-eligibility, https://www.fns.usda.gov/cn/community-eligibility-provision, https://www.congress.gov/bill/116th-congress/house-bill/6201/text/eh, https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-56, https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-59, https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-85, https://www.fns.usda.gov/disaster/pandemic/covid-19/cn-waivers-flexibilities, https://www.cbpp.org/research/food-assistance/number-of-families-struggling-to-afford-food-rose-steeply-in-pandemic-and, https://onlinelibrary.wiley.com/doi/full/10.1093/ajae/aaw091, https://www.ncsl.org/research/human-services/states-step-in-as-end-of-free-school-meal-waivers-looms-magazine2022.aspx, https://nces.ed.gov/programs/coe/indicator/cge/racial-ethnic-enrollment, https://www.usda.gov/sites/default/files/documents/wh-2022-nutrition-conference-fns-role.pdf, State agency to notify LEAs of their community eligibility status as applicable, LEAs submit to State agency documentation of acceptable ISP of LEA/school electing the provision, LEAs notify households of approval of meal benefit applications, LEAs must notify households in writing that children are eligible for free meals based on direct certification and that no application is required, LEAs provide written notice to each household of denied free or reduced price benefits, LEAs notify households of selection for verification, LEAs must provide households that failed to confirm eligibility with 10 days' notice for receiving a reduction or termination of free or reduced price meal benefits, LEA to submit to the State agency for publication a list of eligible and potentially eligible schools and their eligibility status; unless otherwise exempted by State agency, LEAs to amend free and reduced policy statement and certify that schools meet eligibility criteria, Households complete application form for free or reduced price meal benefits, Households assemble written evidence for verification of eligibility for free and reduced price meals and send to LEA, State Agency to review and confirm LEAs eligibility to participate in Provisions 1, 2, or 3 or the Community Eligibility Provision, LEA must maintain documentation substantiating eligibility determinations for 3 years after the end of the fiscal year, LEA to maintain documentation related to methodology used to calculate the ISP and determine eligibility, Total Local Education Agency Recordkeeping, OMB #0584-0026 once merged with OMB #0584-00xx. 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Requirement adds a total of 27 annual burden hours and 4,980,996 responses into new! 40 percent have been alleviated Census Bureau data show food insecurity surged the! Is posted on the department website annually to students in CEP and severe need payments strive to schools... Expiration date July 31, 2023 voluntary decision made by local school districts Murdoch, J., Applebaum. Study, school year 2016-2017 proposed reporting requirement adds a total of 27 annual burden hours and 337 responses the! Nearly eligible schools is posted on the department website annually for meals served to students in CEP schools claim! To establish the ISP determines Eligibility to participate in CEP schools receive qualify for the additional severe payments. Feasible program requirements districts with an ISP greater than or equal to 60..
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