Sec. 101. Improving direct certification Not Retroactive Begins July 1, 2011 USDA Policy Memo SP 13-2011, CN Reauthorization 2010: Letter Method for Direct Certification (1/14/11) E-mail to ESCs on March 17, 2011, Direct Certification USDA Policy Memo SP 27-2011, Expansion of Opportunities of Additional States to Apply for Direct Certification Planning and Implementation Grants [Texas is not eligible](4/7/11) SCHOOL MEAL PROGRAMS Provides performance bonus in no more than 15 States for outstanding performance and substantial improvement in direct certification for SY s beginning July 2011, 2012, 2013 Funding: $4m per year mandatory funding. $2m for each category (Oct. 1, 2011 through Oct. 1, 2013) Requires continuous improvement plans for States not meeting thresholds for direct certification with SNAP (80% in SY 2011; 90% in SY 2012; 95% SY 2013 and each year thereafter). Secretary must annually identify States that don t meet the threshold and approve their corrective action plan Eliminates letter method as acceptable method for direct certification with SNAP Texas currently performs direct certification via partnership with Health and Human Services Commission and Texas Education Agency. The letter method is used for private nonprofit schools. For 2010, 88.6% of Texas LEAs use direct certification. 82% is our state matching rate. USDA determines matching percentages using a congressional report titled Direct Certification in the National School Lunch Program: State Implementation Progress School Year 2009-2010, issued in October 2010 from the Office of Research and Analysis. Continued next page CNR Summary as of 02/13/2013 1
USDA Policy Memo SP 32-2011, CN Reauthorization 2010: Direct Certification Benchmarks and Continuous Improvement Plans (4/28/11) USDA Policy Memo SP 33-2011, CN Reauthorization 2010: Direct Certification Performance Awards and Use of Funds (4/28/11) SP 17-2013, Early Submission of SY 2012-2013 Verification Summary Report data (FNS-742) (12/14/12) Email to ESCs on Dec. 17, 2012-Early Submission of SY 2012-2013 Verification Summary Report data (FNS- 742) CNR Summary as of 02/13/2013 2
Sec. 103. Direct certification for children receiving Medicaid benefits. Effective July 2012 Directs the Secretary to conduct a demonstration project to test the potential for direct certification with Medicaid in selected LEAs. (Multi-year phase in provided). Funding: $5 million mandatory funding for study available until expended Directs the Secretary to estimate the effect on meal program cost and participation for each of 2 years. Interim Report to Congress due October 1, 2014; Final report due October 1, 2015. Provides access to data for the purposes of conducting program monitoring, evaluations and performance measurements of state and LEAs participating in the CNPs. Some Texas school food authorities (SFAs) could be chosen for the direct certification demonstration project. The eligibility criteria for Medicaid are based on the needs of the child, not household income. Therefore, a child on Medicaid would not automatically qualify for free or reduced price meals. Texas would have to comply with any resulting program changes from the pilots conducted. CNR Summary as of 02/13/2013 3
Sec. 104. Eliminating individual applications through community eligibility Referred to as Provision 4 Retroactive Effective 7/1/2010 USDA Policy Memo SP 23-2011, Community Eligibility Option: Guidance and Process for Selection of States for School Year 2011-2012 (3/16/2011) E-mail to ESCs on March 17, 2011, Provision 4 Comment request on the Community Eligibility Option Evaluation (FR 77: 58089) (9/19/12) Meal program claims based on percentage of enrolled students directly certified multiplied by a factor of 1.6; Participating schools must meet a threshold of students directly certified (initially 40%) and agree to serve all meals free; the Secretary and State agencies are required to annually notify eligible local educational agencies. Evaluation is required and funded, and a report to Congress is due December 2013. Funding: On October 1, 2010, mandatory funding, $5m, one time funding for evaluation available until 9/30/2014 Census American Community Survey: Directs the Secretary to identify alternatives to annual applications and authorizes nationwide implementation or further pilot testing of recommendations from the Committee on National Statistics on use of ACS data for School Meal Claiming. Funding: None Requires the Secretary to consider use of a socioeconomic survey for counting and claiming in not more than 3 school districts. Establishes parameters for conduct of the survey. Only 3 SFAs in the nation will be affected by the proposed socioeconomic survey. SFAs will have the option to receive special assistance payments to serve all meals free. This differs from the current process for Provision 2 in that Provision 2 districts must collect applications in the base year. This would allow for a paperless process and will have a different more complex methodology for reimbursement. CNR Summary as of 02/13/2013 4
Sec. 105. Grants for expansion of school breakfast program. Effective Date: USDA has currently has no information Sec. 143. Review of local policies on meal charges and provision of alternate meals : Not implemented until USDA Policy received. Authorizes appropriations for grants to State agencies for subgrants to local educational agencies to establish, maintain or expand the School Breakfast Program. The Secretary, in conjunction with State and LEAs, shall examine current policies and practices relating to providing children who are without funds a meal. USDA is provided the authority to act on appropriate solutions. Funding: None TDA would be eligible to apply for these grants School districts determine the policy to provide meals to children who are without funds The policies vary across the state. Child nutrition funds may not be used to cover bad debt for SFAs. CNR Summary as of 02/13/2013 5
Sec. 201. Performance based reimbursement rate increases for new meal patterns. Effective 10/1/2012 E-mail to ESCs on March 17, 2011, Performance-based $0.06 Reimbursement Increase E-mail to ESCs on March 17, 2011, Cost of Proposed Rule USDA Policy Memo SP 07-2012, Allocation of Administrative Funds for State Costs of Implementation of New Meal Patterns for the NSLP and SBP (12/29/11) USDA Policy Memo SP 10-2012, Questions & Answers on the Final Rule: Nutrition Standards in the NSLP & SBP (01/25/12) Provides an additional 6 cents per lunch for schools that are certified to be in compliance with final meal pattern regulation. Funding: Additional rate increases is 6 cents per meal, adjusted annually for changes in CPI; $50 million in mandatory funding for each of 2 years for State implementation, of which $3 million is available for each of 2 years for USDA administration. Texas SFAs will receive an additional 6 cents per reimbursable school meal if they are certified to be in compliance with the updated meal patterns. The certification process would be handled by TDA. New meal patterns were issued in proposed rule format and public comment is being taken until April 13, 2011. New meal patterns are only food based. Continued next page CNR Summary as of 02/13/2013 6
Nutrition Standards in the National School Lunch and School Breakfast Programs: Final Rule (77 FR 4088 4166)(1/26/12) USDA Policy Memo SP 10-2012-REVISED, Questions & Answers on the Final Rule: Nutrition Standards in the NSLP & SBP (02/23/12) E-mail to ESCs on April 16, 2012-$0.06 Additional Reimbursement Survey- Closing April 20 USDA Policy Memo SP 26-2012, Formulated Grain Fruit Products (4/17/12) USDA Policy Memo SP 30-2012, Grain Requirements for the NSLP and SBP (4/26/2012) Continued next page CNR Summary as of 02/13/2013 7
USDA Policy Memo SP 10-2012-REVISED, Questions & Answers on the Final Rule: Nutrition Standards in the NSLP & SBP (04/27/12) USDA Policy Memo SP 31-2012, Questions & Answers Related to the Certification of Compliance with Meal Requirements for the NSLP (04/27/12) Interim Final Rule: Certification of Compliance with Meal Requirements for the NSLP (77 FR: 25024) (4/27/12) Continued next page CNR Summary as of 02/13/2013 8
E-mail to ESCs on May 1, 2012-The 6 Cents Rule; USDA Memo SP 10-2012 Revised: Q&A on the Final Rule, Nutrition Standards in the NSL and SB Programs ; Food Service Management Contract Rebids; USDA Memo SP 26-2012: Formulated Grain Fruit Products; USDA Memo SP 30-2012; Grain Requirements for the NSL and SB Programs E-mail to ESCs on May 15, 2012-The 6 Cents Rule; Early Breakfast Adoption; USDA Memos SP 10-2012r2a: Short and Long Week Calculations; SP31-2012, CN Reauthorization 2010: Q&A Related to the Certification of Compliance with Meal Requirements for the NSLP Continued next page CNR Summary as of 02/13/2013 9
USDA Policy Memo SP 34-2012: CN Reauthorization 2010: Certification of Compliance with New Meal Patterns-Certification Tools, Specifications, and Prototype Attestation Statement (5/31/12) USDA Policy Memo SP 34-2012: CN Reauthorization 2010: Certification of Compliance with New Meal Patterns-Certification Tools, Specifications, and Prototype Attestation Statement - Revisions of Certification Worksheets (6/5/12) USDA Policy Memo SP 31-2012, Questions & Answers Related to the Certification of Compliance with Meal Requirements for the NSLP- REVISED (06/11/12) Continued next page CNR Summary as of 02/13/2013 10
USDA Policy Memo SP 34-2012: CN Reauthorization 2010: Certification of Compliance with New Meal Patterns-Certification Tools, Specifications, and Prototype Attestation Statement - Revisions of Certification Worksheets REVISED Lunch Worksheets (6/15/12) Email to ESCs on June 18, 2012 Early Adoption of New School Breakfast Requirements Email to ESCs on July 2, 2012 New Policy Clarifications USDA Policy Memo SP 34-2012: 7 and 4 day Breakfast and Lunch Certification Worksheets for K-12 (7/3/12) Continued next page CNR Summary as of 02/13/2013 11
USDA Policy Memo SP 37-2012: Separation of Vegetables/Fruits in the Food Buying Guide for Child Nutrition Programs (7/12/12) USDA Policy Memo SP 10-2012- 2 nd REVISION, Questions & Answers on the Final Rule: Nutrition Standards in the NSLP & SBP (07/13/12) Email to ESCs on July 16, 2012 SP 37-2012: Separation of Vegetables/Fruits in the Food Buying Guide for Child Nutrition Programs USDA Policy Memo SP 31-2012, Questions & Answers Related to the Certification of Compliance with Meal Requirements for the NSLP- 2 nd REVISION (07/16/12) Continued next page CNR Summary as of 02/13/2013 12
USDA Email: Six Cent Certification Documentation (7/27/12) Email to ESCs on August 1, 2012 SP 10-2012: Q&A Nutrition Standards in the NSLP & SBP, Revised; SP 31-2012, Revision 2, Q&As Related to the Certification of Compliance with Meal Requirements in the NSLP; USDA clarification concerning the documentation requirements for the 6 cents certification; TDA website update on 6 cents certification. USDA Back-to-School Campaign Introductory Webinar, 8/14 & 8/15/12 Continued next page CNR Summary as of 02/13/2013 13
USDA Policy Memo SP 39-2012, Existing Inventory of USDA Foods and Commercial Products (8/3/12) USDA Policy Memo SP 40-2012, CNR 2010: Certification of Compliance with New Meal Patterns- Validation Review Checklists (8/3/12) SP 37-2012: Separation of Vegetables/Fruits in the Food Buying Guide for Child Nutrition Programs. Technical revision (8/24/12) USDA Policy Memo SP 44-2012, CNR 2010: Questions and Answers Related to the 6 Cents Certification Tool (8/24/12) Continued next page CNR Summary as of 02/13/2013 14
USDA Policy Memo SP 34-2012: 6 day schedule for Breakfast and Lunch Certification Worksheets for K-12; extended 5 day lunch Certification Tool for Grades 9-12 (8/31/12) Revised ARM Section 26 to incorporate new meal pattern, shorter or longer school weeks and RCCI age/grade portion size waiver (9/4/12) Email to ESCs on Sept. 4, 2012 New USDA Policy Memos: SP-34-2012 revised to include 6 day menu certification worksheets & SP 44-2012, Q&A related to 6 cents Certification Tool; Administrator s Reference Manual Continued next page CNR Summary as of 02/13/2013 15
USDA Virtual Back to School Night, hosted by USDA, PTA, Kids Safe & Healthful Food Project (9/13/12) SP 44-2012, CNR 2010: Questions and Answers Related to the 6 Cents Certification Tool REVISED (9/12/12) SP 10-2012, Q&A on the Final Rule, Nutrition Standards in the NSLP & SBP, REVISED (9/18/12) USDA announcement of availability of PowerPoint files on 6 Cent Certification (9/18/12) Continued next page CNR Summary as of 02/13/2013 16
Email to ESCs on Oct. 1, 2012 New Meal Pattern Flyer for Parents; Nutrition Regulations Q&A guidance document now available; USDA Memos SP 10-2012 REVISED; $0.06 Certification USDA HHKA Letter and Informational Documents (10/2/12) USDA Policy Memo SP 10-2012, Q&A on the Final Rule, Nutrition Standards in the NSLP & SBP, REVISED (10/3/12) New ARM Section 9C, Certification for Performance-based Reimbursement (10/8/12) Continued next page CNR Summary as of 02/13/2013 17
Email to ESCs on Oct. 16, 2012 USDA Memo SP 10-2012 REVISED (10/3/12), Final Rule Nutrition Standards in the NSL & SBP Q&As; 6-Cents Certification USDA e-mail: Extended version of Grades 6-8 5 day Lunch Certification Tool for CEs with over 50 meals per week(10/18/12) Email to ESCs on Nov. 1, 2012, 6-Cents Certification USDA e-mail: Update to the Menu Planning Tools Approved for Six Cent Certification (11/5/12) Email to ESCs on Nov. 15, 2012-6-Cents Certification USDA e-mail: Update to the Menu Planning Tools Approved for Six Cent Certification (11/20/12) Continued next page CNR Summary as of 02/13/2013 18
USDA Policy Memo SP 11-2013, FNS Guidance to SFAs: Flexibility in the Meat/Meat Alternate and Grain Maximums for SY 2012-2013 (12/7/12) Email to ESCs on Dec. 17, 2012-SP 11-2013, FNS Guidance to SFAs, Flexibility in the Meat/meat Alternate and Grain Maximums; 6- Cents Certification USDA Policy Memo SP 11-2013, FNS Guidance to SFAs, REVISED: Flexibility in the Meat/Meat Alternate and Grain Maximums for SY 2012-2013 (12/20/12) USDA Policy Memo SP 31-2012, Questions & Answers Related to the Certification of Compliance with Meal Requirements for the NSLP- 3 rd REVISION (1/22/13) Continued next page CNR Summary as of 02/13/2013 19
USDA Policy Memo SP 10-2012-REVISED, Questions & Answers on the Final Rule: Nutrition Standards in the NSLP & SBP (1/25/13) Email to ESCs on Feb. 1, 2013, 6-Cents Certification; SP 10-2012 Revised: Q&A on the Final Rule: Nutrition Standards in the NSLP & SBP; SP 31-2012: Q&A Related to the Certification of Compliance with Meal Requirements for the NSLP- 3 rd Revision CNR Summary as of 02/13/2013 20
Sec. 202. Fluid milk (NSLP/SBP) Effective 10/1/2010 E-mail to ESCs on March 17, 2011, Fluid Milk Rule E-mail to ESCs on March 17, 2011 - Schools must be in compliance beginning SY 2011-2012 if milk procurement has not been made, otherwise SY 2012-2013. USDA Policy Memo SP 29-2011, CN Reauthorization 2010 : Nutrition Requirements for Fluid Milk (4/14/11) Email to ESCs on May 2, 2011 USDA Policy Memo SP 29-2011, CN Reauthorization 2010: Nutrition Requirements for Fluid Milk Continued next page Removes requirement that schools serve milk in a variety of fat contents and instead requires that schools offer a variety of fluid milk consistent with the Dietary Guidelines recommendations. Funding: None Currently, Texas schools must offer 2%, 1% or skim at all points where milk is served. This would change the requirement to 1% unflavored milk or nonfat flavored or unflavored milk. This was the recommendation under the 2005 Dietary Guidelines (DGA) and is consistent with the new 2010 DGAs. TPSNP will be revised to comply with this regulation when guidance is received from USDA. CNR Summary as of 02/13/2013 21
Email to ESCs on June 1, 2011 Clarification: Nutrition Requirements for Fluid Milk E-mail to ESCs on July 1, 2011: Clarification: Nutrition Requirements for Fluid Milk Substitutes E-mail to ESCs on August 16, 2011: Fluid Milk Requirement - Clarification CNR Summary as of 02/13/2013 22
Sec. 203.Water (NSLP/SBP) Retroactive Effective 2011 PY Not implemented until USDA Policy received. USDA Policy Memo SP 28-2011, CN Reauthorization 2010: Water Availability During National School Lunch Program Meal Service (4/12/11) Email to ESCs on April 15, 2011 USDA Policy Memo SP 28-2011, CN Reauthorization 2010: Water Availability During National School Lunch Program Meal Service Continued next page Requires schools to make free potable water available where meals are served. Funding: None There is no requirement in Texas; however, most schools have water available in the cafeteria. TDA is currently checking to ascertain if Potable water at point of service means that free potable water must be made available to students at satellite points of service, such as those in a courtyard. This requirement will be added to the Coordinated Review Effort (CRE) when federal guidance is issued. CNR Summary as of 02/13/2013 23
Email to ESCs on June 1, 2011 Clarification: Availability of Potable Water During Seamless Summer Feeding Email to ESCs on June 1, 2011 Potable Water During Field Trips USDA Policy Memo SP 28-2011 - Revised, CN Reauthorization 2010: Water Availability During National School Lunch Program Meal Service (7/12/11) Email to ESCs on July 15, 2011 USDA Memo SP 28-2011-Revised, CN Reauthorization 2010: Water Availability During NSLP Meal Service Email to ESCs on August 16, 2011 Availability of Potable Water Requirement - Clarification CNR Summary as of 02/13/2013 24
Sec. 204. Local wellness policy implementation Retroactive Effective 2011 PY Not implemented until USDA Policy received. USDA Policy Memo SP 42-2011, CN Reauthorization 2010: Local School Wellness Policies (7/8/11) Email to ESCs on July 15, 2011 USDA Memo SP 42-2011, CN Reauthorization 2010: Local School Wellness Policies Local School Wellness Policies 5-Year Technical Assistance and Guidance Plan (9/2/11) Requires USDA to establish regulations for local wellness and to provide technical assistance to States/schools in consultation with ED & HHS (CDC). Funding: None. Authorization to appropriate $3 million for FY 2011 to remain available until expended The 2004 reauthorization required that all SFAs develop a local wellness policy. This provision requires that the developed policy be implemented. All SFAs were required to submit their local wellness policies to TDA. As part of the CRE, TDA currently checks to ensure SFAs have a local wellnesss policy. This provision would require verification that the policy was implemented and is being followed consistently. Currently, all Texas school districts must also have a School Health Advisory Council, and must implement a coordinated school health model. CNR Summary as of 02/13/2013 25
Sec. 205. Equity in school lunch pricing Effective: July 2011 Equity in School Lunch Pricing Fact Sheet (Interim Rule to be published later)(3/2/11) E-mail to ESCs on March 8 & March 17, 2011 - USDA Equity in School Lunch Pricing Fact Sheet E-mail to ESCs on March 17, 2011, Equity in School Meal Pricing; Equity Pricing Sheet Email to ESCs on April 15, 2011 Clarification: Equity in School Lunch Pricing Email to ESCs on May 16, 2011 Clarification: Equity in School Lunch Pricing Effective SY beginning July 1, 2011, schools are required to charge students for paid meals at a price that is on average equal to the difference between free meal reimbursement and paid meal reimbursement; Schools that currently charge less are required to gradually increase their prices over time until they meet the requirement; Schools may choose to cover the difference in revenue with non-federal funds instead of raising paid meal prices. Establishes a maximum annual increase in the required paid increases of 10 cents annually, but allows schools to establish a higher increase at their discretion. This will require SFAs to gradually increase their paid lunch rates until the revenue per lunch matches the difference between the cost of the meal and the paid federal reimbursement rate. This has the potential to increase the paid lunch rates in Texas schools, which could create a hardship on some families that don t qualify for free or reduced rates. SFAs may elect to retain a low meal price by paying for the difference with nonfederal funds. Compliance for all SFA meal prices will need to be assessed yearly. Local meal rates will be collected by TDA. Continued next page CNR Summary as of 02/13/2013 26
Interim Rule: NSLP School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010 (pre-publication version 6/13/11) USDA Policy Memo: SP-39-2011, CN Reauthorization 2010: Guidance on Paid Lunch Equity and Revenue from Nonprogram Foods & Paid Lunch Equity Pricing Tool (6/13/11) Interim Rule: NSLP School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010 (76 FR 35301-35318) (6/17/11) Continued next page CNR Summary as of 02/13/2013 27
Email to ESCs on June 16, 2011 Guidance on Paid Lunch Equity and Revenue from Non-program (nonfederal) Foods, including Interim Rule: NSLP School Food Service Account Revenue Amendments (76 FD 35301-35318) & USDA Policy Memo: SP-39-2011, CN Reauthorization 2010: Guidance on Paid Lunch Equity and Revue from Nonprogram Foods & Paid Lunch Equity Pricing Tool Email to ESCs on July 15, 2011 Comment on the Equity on School Lunch pricing Interim Rule by September 15; Meal equity pricing and food service account revenue. Includes Interim Rule: NSLP School Food Service Account Revenue Amendments (76 FD 35301-35318) Continued next page CNR Summary as of 02/13/2013 28
USDA Policy Memo: SP-39-2011-Revised, CN Reauthorization 2010: Guidance on Paid Lunch Equity and Revenue from Nonprogram Foods & Paid Lunch Equity Pricing Tool (10/24/2011) Email to ESCs on November 1, 2011 Guidance on Paid Lunch Equity and Revenue from Nonprogram Foods. Includes SP 39-2011: CN Reauthorization 2010: Guidance on Paid Lunch Equity and Revenue from Nonprogram Foods (revised) and Paid Lunch Equity Tool (revised). USDA Policy Memo: SP-22-2012: Paid Lunch Equity: School Year 2012-2013 Calculations and Tool (03/19/12) Continued next page CNR Summary as of 02/13/2013 29
USDA Policy Memo: SP-19-2013: Paid Lunch Equity: School Year 2013-2014 Calculations (01/2/13) Email to ESCs on Jan. 15, 2013 SP-19-2013: Paid Lunch Equity, School Year 2013-2014 Calculations CNR Summary as of 02/13/2013 30
Sec. 206. Revenue from nonprogram food (NSLP) Effective July 1, 2011 Email to ESCs on June 1, 2011 Revenue From Nonprogram Foods Sold in Schools Interim Rule: NSLP School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010 (pre-publication version 6/13/11) USDA Policy Memo: SP-39-2011, CN Reauthorization 2010: Guidance on Paid Lunch Equity and Revenue from Nonprogram Foods & Paid Lunch Equity Pricing Tool (6/13/11) Continued next page Requires all non-reimbursable meal foods sold by school food service to generate revenue at least equal to their cost. Provision is effective July 1, 2011. Funding: None A la carte sales, concessions, and catering operations in SFAs must operate at break even or make a profit. Assessing compliance with this regulation will become a part of the CRE. CNR Summary as of 02/13/2013 31
Interim Rule: NSLP School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010 (76 FR 35301-35318) (6/17/11) Email to ESCs on June 16, 2011 Guidance on Paid Lunch Equity and Revenue from Non-program (nonfederal) Foods, including Interim Rule: NSLP School Food Service Account Revenue Amendments (76 FD 35301-35318) & USDA Policy Memo: SP-39-2011, CN Reauthorization 2010: Guidance on Paid Lunch Equity and Revue from Nonprogram Foods & Paid Lunch Equity Pricing Tool Continued next page CNR Summary as of 02/13/2013 32
Email to ESCs on July 15, 2011: Meal equity pricing and food service account revenue. Includes Interim Rule: NSLP School Food Service Account Revenue Amendments (76 FD 35301-35318) CNR Summary as of 02/13/2013 33
Sec. 207. Reporting and notification of school performance Effective Date: Phased in No policy yet E-mail to ESCs on March 17, 2011, CRE SP 12-2013, SY 2012-2013 Administrative Review Procedures and New Three- Year Administrative Review Cycle Beginning in SY 2013-2014 (12/6/12) Email to ESCs on Dec. 17, 2012: SP 12-2013, School Meals Administrative Review Reinvention Team (SMARRT) Project Requires USDA to consolidate the Coordinated Review Effort (CRE) and School Meal Initiative (SMI) monitoring systems. Requires States to review all school food authorities on a 3 year cycle [Current cycle is 5 years] Requires schools to post review final findings and make findings available to the public. Funding: None The SMI will become a part of the CRE conducted by TDA. Currently, the CRE and SMI are separate systems, and TDA uses the ESCs to perform the SMI reviews. The SMI will also be affected by the new menu plan. TDA gradually began to reduce the time period between CREs from the current requirement of 5 years. Currently we conduct reviews approximately every four years. Findings are currently provided only to the SFAs. This will require SFAs to publicly post the CRE results. CNR Summary as of 02/13/2013 34
Sec. 208. Nutrition standards for all foods sold in schools Effective: USDA has no current information. E-mail to ESCs on March 17, 2011, Competitive Rule Proposed Rule: NSLP & SBP Nutrition Standards for All Foods Sold in Schools as Required by the Healthy, Hunger-Free Kids Act of 2010 (78 FR 9530-9567) (2/8/13) Email to ESCs on Feb. 1, 2013 Competitive Foods Proposed Rule Requires USDA to establish national nutrition standards for all food sold and served in schools at any time during the school day Allows exemptions for school sponsored fundraisers if the fundraisers are approved by the school and are infrequent Funding: None State policies may still be more restrictive but would have to comply in all areas where their policy is less restrictive. The TPSNP allows competitive foods that meet TPSNP nutrition standards on middle school and high school campuses at certain times during the day. This would require that any competitive foods meet the current Dietary Guidelines for Americans, which include a reduction in sodium for those foods and fewer sweetened beverages. Fundraisers are allowed in Texas schools under the competitive food regulations. Depending on the grade level, there are restrictions as to time and place where the fundraisers are allowed. This provision will apply to private schools as well. CNR Summary as of 02/13/2013 35
Sec. 209. Information for the Public on the School Nutrition Environment Effective Date: USDA currently has not additional information Sec. 210. Organic food pilot program USDA currently has no information on grants Sec. 242. Procurement and processing of food service products and commodities Not known Requires LEAs to report on the school nutrition environment to USDA and to the public, including information on food safety inspections, local wellness policies, school meal program participation, nutritional quality of program meals, etc. Funding: None. Authorizes such sums as necessary for FY 2011 through 2015 Requires the Secretary to establish an organic food pilot which provides competitive grants to SFAs for programs that increase the quantity of organic food provided to school children. Funding: None. Authorizes $10 million to be appropriated for FY 2011 through 2015. Requires USDA to identify, develop and disseminate model product specs and practices for food offered Within 1 year of enactment, USDA must analyze the quantity and quality of nutrition information available to schools about food products and commodities and submit a report to Congress on the results of the study and recommended legislative changes necessary to improve access to information Directs the Secretary to purchase healthy commodities Funding: None Texas Education Code requires that each school district report to the public how many times the School Health Advisory Council has met and whether the district complies with policies on vending machine access. When TDA performs a CRE in an SFA, we check to ensure a health inspection was conducted, and that SFA has a district wellness policy. Texas SFAs would be able to apply for these grants. This provision will further enhance the nutritional value of the commodities received by schools. CNR Summary as of 02/13/2013 36
Sec. 243. Access to Local Foods: Farm to School Program USDA released Request for Application for grants. Proposals due June 15, 2012. (4/17/12) USDA Memo SP 27-2012: USDA Farm to School Grants-Please Spread the Word (4/17/12) USDA webinars: Implementation grants (5/15/12); Planning grants (5/17/12) Requires USDA to provide competitive grants that do not exceed $100,000 to schools, State and local agencies, ITOs, etc for farm to school activities. Federal share cannot exceed 75% of total cost. Funding: Provides $5 million in mandatory funding on October 1, 2012 and each October 1 thereafter, to remain available until expended. Retains authorization for appropriation of additional funds. TDA will be eligible to apply for these grants to support Farm to School programs. TDA s current Farm to School Task Force has recommendations in place that may be able to utilize these grants. Requires a 25% match on all funds received. CNR Summary as of 02/13/2013 37
Sec. 302. Applicability of food safety program Implemented upon receipt of USDA policy USDA Policy Memo SP 37-2011, CN Reauthorization 2010: Enhancing the School Food Safety Program (5/18/11) Email to ESCs on June 1, 2011 USDA Policy Memo SF 37-2011, CN Reauthorization 2010: Enhancing the School Food Safety Program Applies the food safety requirements throughout the school campus where program foods are stored, prepared and served. Funding: None TDA will update SFAs through policy and training. CNR Summary as of 02/13/2013 38
Sec. 304. Independent review of applications Implementation not effective until USDA policy received Proposed Rule: Independent Review of Applications Required by the Healthy, Hunger-Free Kids Act of 2010 (FR 77: 56565-56571) (9/13/12) Email to ESCs on October 16, 2012 Comment: Independent Review of Applications Requires error-prone local educational agencies to conduct a second-level, independent review of all free and reduced price applications prior to notifying households of their eligibility status Establishes annual reporting requirements for each local educational agency required to conduct second-level review of applications. State agencies must also annually report results to USDA Funding: None The definition of error prone has not been released by USDA. Currently error-prone only refers to household applications whose monthly income falls within $100 and annual income falls within $1,200 of the Income Eligibility Guidelines. We currently only report direct verification results, not results of the initial application eligibility. A second-level review of all applications may be costly and time consuming, especially for large school districts. CNR Summary as of 02/13/2013 39
Sec. 306. Professional standards for school food service USDA currently has no information E-mail to ESCs on March 17, 2011, Professional Standards Establishes a program of required education, training, and certification for all school food service directors and criteria for the selection of state directors Requires USDA to set dates for compliance Funding: October 1, 2010 - $5 million; on each October 1 thereafter - $1 million Texas school food service directors will be required to have a certain level of education, training and certification. Depending on the availability of this training and the varying education levels of the school food service directors, this requirement could result in a shortage of qualified staff. This may also increase the salary levels to be commensurate with skills and education requirements. There will be specific federal qualifications and standards for the Food and Nutrition Assistant Commissioner, who is considered the State Director for the nutrition programs. Once information is issued, TDA may need to help establish a certification program for school food service. Current employees may be exempt from this requirement under a grandfather clause. CNR Summary as of 02/13/2013 40
Sec. 307. Indirect costs USDA must issue guidance within 180 of enactment E-mail to ESCs on March 17, 2011, Indirect Costs USDA Policy Memo SP 41-2011, CN Reauthorization 2010: Indirect Cost Guidance (7/7/11) Email to ESCs on July 15, 2011, USDA Memo SP 41-2011, CN Reauthorization 2010: Indirect Cost Guidance Sec. 308. Ensuring safety of school meals USDA has no current information Authorizes and funds a study of indirect costs in the School Meal Programs. Funding: $2 million in mandatory funding available until expended Requires USDA to identify the types of costs that are reasonable and necessary to provide school meals. Requires USDA to issue guidance Authorizes USDA to promulgate regulations to allow schools to reimburse only those costs. Requires a report to Congress. FNS must: work with AMS and FSA and must develop guidelines for administrative holds work with States to increase timeliness of notification of recalls to SFAs improve timeliness and completeness of direct communication between FNS and States on holds and recalls establish a timeframe to improve hold and recall procedures and work to address role of processor and distributor Funding: None Texas SFAs will receive guidance on allowable charges to food service accounts in order to prevent inappropriate school expenses that are not related to the school meal programs. Clarifying the appropriate indirect expense will help the SFAs and food service departments in accurately budgeting and accounting for expense The goal is to develop a truer picture of food service cost. Guidelines for food safety recalls in school meal programs will be strengthened. Currently, TDA does have a process to notify SFAs in the event of a recall. However, with this provision, TDA should receive more timely information to disseminate to SFAs. CNR Summary as of 02/13/2013 41
Sec. 443. Equipment assistance technical correction USDA Policy Memo SP 12-2011, CN Reauthorization 2010: FY 2010 NSLP Equipment Assistance Grants Legislative Revision (12/20/10) Technical fix to FY 2010 Appropriations language regarding NSLP equipment assistance grants. TDA received funding for equipment assistance last year. CNR Summary as of 02/13/2013 42
Sec. 111. Alignment of eligibility rules for public and private sponsors (SFSP) Effective: 2011 USDA Policy Memo SFSP 02-2011, CN Reauthorization 2010: Eligibility Requirements and Site Limits for Private Nonprofit Organizations in the SFSP (1/14/11) SUMMER FOOD SERVICE PROGRAM (SFSP) Removes limits on the number of sites that private nonprofit organizations may operate in SFSP. Funding: None Currently, private nonprofit orgs can only operate up to 25 sites. This will allow them to operate more. State agencies may still limit the number of sponsors and children served by organizations depending upon an objective determination of the organizations viability, capability, and accountability (VCA). CNR Summary as of 02/13/2013 43
Sec. 112. Outreach to eligible families (SFSP & SBP) Effective 2011 USDA Policy Memo SFSP 04-2011 and SP 15-2011, CN Reauthorization 2010: Outreach to Households on the Availability of SFSP Meals (1/28/11) E-mail to ESCs on February 2, 2011 - USDA Policy Memo SFSP 04-2011 and SP 15-2011, CN Reauthorization 2010: Outreach to Households on the Availability of SFSP Meals Requires each State agency administering the SFSP to ensure SFAs cooperate with participating SFSP service institutions to inform families of the availability and location of SFSP and the SBP. Funding: None By Texas law, SFAs are required to identify potential SFSP sponsors if they cannot serve as a sponsor. TDA is also required to conduct outreach regarding the SFSP. E-mail to ESCs on March 17, 2011, Required Summer Program Outreach to Households: USDA Policy Memo: SFSP 04-2011, SP 15-2011, CN Reauthorization: Outreach to Households on the Availability of Summer Food Service Program Meals Continued next page CNR Summary as of 02/13/2013 44
E-mail to ESCs on May 16, 2011, Required Summer Program Outreach to Households: USDA Policy Memo: SFSP 04-2011, SP 15-2011, CN Reauthorization: Outreach to Households on the Availability of Summer Food Service Program Meals; 3up Flyer Handout USDA Policy Memo SP-40-2011: CN Reauthorization 2010: Outreach to Households on the Availability of the School Breakfast Program (6/15/11) Email to ESCs on June 16, 2011 USDA Policy Memo SP-40 2011: CN Reauthorization 2010: Outreach to Households on the Availability of the School Breakfast Program CNR Summary as of 02/13/2013 45
Sec. 113. Summer Food Service Support Grants : USDA has no information currently Sec. 321. SFSP Permanent Operating Agreements USDA Policy Memo SFSP 03-2011, CN Reauthorization 2010: Permanent Agreements in the SFSP and CACFP (1/28/11) Sec. 322. SFSP disqualification This is a fairly lengthy rulemaking process Authorizes grants to State agencies to provide technical assistance, assistance with site improvement costs, or other activities to retain sponsor retention. Funding: Authorization to appropriate $20 million for the period of fiscal years 2011 through 2015 Requires permanent agreements; describes the conditions for updates or termination. Funding: None Directs USDA to establish disqualification requirements in SFSP similar to those in CACFP. Funding: None TDA may be able apply for these grants to support the SFSP. TDA utilizes permanent agreements already. Revisions to policy will be made as necessary upon receipt of new USDA regulation. This will create a disqualification process and National Disqualification List for SFSP that is similar to what is currently in CACFP. TDA currently has a Texas Excluded Sponsor List, which went into effect for Summer 2010. Once the rule is promulgated, TDA will disseminate necessary policy and revise our SD procedures as necessary. CNR Summary as of 02/13/2013 46
Sec. 121. Simplifying area eligibility determinations in CACFP CHILD AND ADULT CARE FOOD PROGRAM (CACFP) Allows use of all levels of school data for tiering determinations Purpose of this provision is to give [Currently only elementary data may be used]. Daycare Homes a greater opportunity to Funding: None receive the higher rates of reimbursements. Retroactive Effective: 2011 PY USDA Policy Memo CACFP 05-2011, CN Reauthorization 2010: Area Eligibility for Family Day Care Homes Policy Alert CACFP DCH 2011-01, Tier I Area Eligibility Based on School Data CNR Summary as of 02/13/2013 47
Sec. 122. Expansion of afterschool meals for at risk children Retroactive Effective: 2011 PY USDA Policy Memo CACFP 04-2011, CN Reauthorization 2010: Nationwide Expansion of At-Risk Afterschool Meals in the CACFP Policy Alert CACFP CCC 2011-01, At-Risk Snack and Meals USDA Policy Memo CACFP 08-2012, At-Risk Afterschool Meals Component of the CACFP, Q and A (2/17/12) Email to ESCs, Nov. 1, 2012, Afterschool Care Program and the CACFP At Risk Program Expands CACFP afterschool meals for at risk children to all states Requires USDA to issue guidelines and publish a handbook within 180 days after enactment. Funding: Mandatory funding, amount determined by meals x rate formula This allows Texas CACFP contracting entities to provide meals for children who are deemed at risk. The meal reimbursement is only for after schools hours. Contracting entities in the at-risk program may now serve suppers. CEs may be able to serve breakfast, lunch or supper and one snack on weekends and holidays. Contracting entities that have served meals this program year may be retroactively reimbursed. Processing of claims for afterschool suppers will be manual until the new system is in place. Continued next page CNR Summary as of 02/13/2013 48
Email to ESCs, Nov. 15, 2012, Participating in CACFP At-Risk Program SP 09-2013, Streamlining At- Risk Meal Participation for SFAs (11/28/12) CNR Summary as of 02/13/2013 49
Sec 221. Nutrition and wellness goals in CACFP : USDA currently has no information USDA Policy Memo CACFP 20-2011, CN Reauthorization 2010: Water Availability in the Child and Adult Care Food Program (5/11/11) USDA Policy Memo CACFP 21-2011, CN Reauthorization 2010: Nutrition Requirements for Fluid Milk and Fluid Milk Substitutions in the Child and Adult Care Food Program (5/11/11) Policy Alerts CACFP CCC 2011-11 & CACFP DCH 2011-11, Water Availability in the CACFP (6/20/11) Continued next page Adds nutrition and wellness to program purpose statement Requires USDA to review and update nutrition standards and meal costs Allows for fluid milk substitutes; requires fluid milk substitutes for non-disabled children to be nutritionally equivalent to milk (same as existing requirement for schools). Requires USDA to encourage physical activity and limit screen time Requires institutions/homes to make water available Requires USDA to provide guidance improving meal quality and the child care wellness environment Funding: $10 million mandatory funding on October 1, 2010 available until expended TDA has distributed voluntary updated meal patterns to CACFPs and trained on them. This will now require all CACFPs to adopt the updated meal patterns. This may increase costs for some providers to purchase healthier foods. CNR Summary as of 02/13/2013 50
Policy Alerts CACFP CCC 2011-14 & CACFP DCH 2011-14, Fluid Milk and Fluid Milk Substitutions (7/14/11) USDA Policy Memo CACFP 21-2011-Revised, CN Reauthorization 2010: Nutrition Requirements for Fluid Milk and Fluid Milk Substitutions in the Child and Adult Care Food Program (9/15/11) Sec. 222. CACFP interagency coordination to promote health and wellness in child care licensing Effective Date: USDA has no current information Sec. 223. Study on nutrition and wellness (CACFP) USDA has no information on grants and studies. Requires USDA, in cooperation with DHHS, to encourage state licensing entities to include criteria for nutrition and wellness standards in licensing determinations. Funding: None Requires a periodic study of nutrition and wellness quality in child care settings, in consultation with DHHS. Funding: on Oct. 1,2010, $5 million in mandatory funds for USDA to conduct study, available until expended Child care licensing at Dept of Family and Protective Services is moving toward higher nutrition standards for all licensed child care. The Early Childhood Health and Nutrition Interagency Council is required to implement a plan, which could coordinate with this study if Texas is involved. CNR Summary as of 02/13/2013 51
Sec. 331. Review of application material and permanent agreements (CACFP) Effective 2011 PY Implementation effective with issuance of policy. USDA Policy Memo CACFP 03-2011, CN Reauthorization 2010: Elimination of Block Claim Edit Checks in the CACFP (12/17/10) USDA Policy Memo CACFP 07-2011, CN Reauthorization 2010: Permanent Agreements in the SFSP and CACFP (1/14/11) Requires CACFP State agencies to enter into permanent agreements with institutions Requires States to develop standard agreements between sponsoring organizations and sponsored centers. Requires State agencies and sponsoring organizations to conduct announced and unannounced visits Authorizes the Secretary to develop policies to detect, deter and recover erroneous claims but prohibits the Secretary from requiring site visits triggered by a block claim Funding: None TDA already utilizes permanent agreements. This provision removes the current requirement that CACFP sponsors must perform an unannounced review if they determine that a facility has submitted a block claim (indicating that they are not taking point of service meal counts). Removing the requirement to review if block claiming is suspected does not remove the requirement to ensure reimbursement is claimed for only valid meals served to eligible children. Continued next page CNR Summary as of 02/13/2013 52
Policy Alerts CACFP ADC 2011-01, CCC 2011-02, DCH 2011-03, Elimination of the Block Claim Edit Check (2/2/11) USDA Policy Memo CACFP 16-2011, CN Reauthorization 2010: Varied Timing of Unannounced Reviews in the Child and Adult Care Food Program (4/7/11) USDA Policy Memo CACFP 19-2011: CN Reauthorization 2010: Child and Adult Care Food Program Applications (4/8/11) Policy Alerts CACFP ADC 2011-06, CCC 2011-08, DCH 2011-08, Varied Timing of Unannounced Reviews (5/6/11) Continued next page CNR Summary as of 02/13/2013 53
Proposed Rule: CACFP Amendments Related to the Healthy, Hunger-Free Kids Act of 2010 (77 FR: 21018) (4/9/12) Sec. 332. State liability for payments to aggrieved CACFP institutions based on policy issuance date Sec. 333. Transmission of income information (CACFP) upon issuance of policy USDA Policy Memo SP 17-2011, CN Reauthorization 2010: Transmission of Household Income Information by Tier II Family Day Care Homes in the Child and Adult Care Food Program (4/7/11) Requires a State agency to pay, from non-federal sources, all valid claims for reimbursement resulting from the failure of the State agency to meeting regulatory timeframes for fair hearings. Funding: None Allows family day care homes to assist in transmitting household income information to sponsoring organizations Requires USDA to establish policies. Funding: None Should TDA not meet deadlines on providing a fair hearing, TDA will be required to pay the denied claims that were under appeal from sources other than federal funds. Family Daycare Homes will be able to collect household applications. In the past, only the DCH sponsors could collect that data. This will streamline the collection of data for the providers and allow them the ability to validate the information received from the sponsors regarding their claims. CNR Summary as of 02/13/2013 54
Sec. 334. Simplifying and enhancing administrative payments to sponsoring organizations (CACFP) Effective 10/1/2010 USDA Policy Memo CACFP 06-2011, CN Reauthorization 2010: Administrative Payments to Family Day Care Home Sponsoring Organizations (12/22/10) USDA Policy Memo CACFP 18-2011, CN Reauthorization: Carry Over of Unused Child and Adult Care Food Program Administrative Payments (4/8/11) Policy Alert CACFP DCH 2011-02, Administrative Payments to Day Care Home Sponsors (1/31/11) Continued next page Removes cost comparison as basis for sponsor administrative payments, making reimbursements based solely on the number of sponsored homes times the reimbursement rates. Allows sponsors to carry over 10% of their administrative funds into the next fiscal year. Funding: None This will simplify the payment formula for CACFP sponsors. CNR Summary as of 02/13/2013 55
Policy Alert CACFP DCH 2011-12, Carry Over of Unused Administrative Payments (6/30/11) USDA Policy Memo CACFP 11-2012, Family Day Care Home Administrative Reimbursement: Options and Carryover Reporting Requirements (3/19/12) CACFP 24-2012: Family Day Care Home Administrative Reimbursements: Carryover Reporting Requirements for Fiscal Year 2012 and All Subsequent Years (9/5/12) REVISED (9/11/12) Sec. 335. CACFP audit funding Permits USDA, beginning in FY 2016, to increase the amount of audit funding made available to any State agency if the State demonstrates it can effectively utilize such funds to improve program, provided that the total amount of funds does not exceed specified levels. Funding: None TDA may receive more funding to improve our monitoring of the CACFP programs. CNR Summary as of 02/13/2013 56
Sec. 336. Reducing paperwork and improving program administration (CACFP) Requires the Secretary to work with states and institutions to review and assess paperwork in CACFP and make recommendations Requires a report to Congress on CACFP administrative and paperwork burdens within 4 years. Funding: None This continues the paperwork reduction effort for CACFP. Sec. 337. Study of CACFP supper program Requires a study and Report to Congress. Report must address best practices for soliciting sponsors and any federal or state laws that may be a barrier to participation. Funding: None Texas could be selected for the study. CNR Summary as of 02/13/2013 57
Sec. 102. Categorical eligibility of foster child Retroactive Effective: 2011 PY (October 1, 2010) USDA Policy Memo SP 17-2011, CACFP 08-2011 & SFSP 05-2011, CN Reauthorization 2010: Categorical Eligibility of Foster Children (1/31/11) E-mail to ESCs on February 2, 2011 - USDA Policy Memo SP 17-2011, CACFP 08-2011 & SFSP 05-2011, CN Reauthorization 2010: Categorical Eligibility of Foster Children Continued next page ALL CN PROGRAMS Expands categorical eligibility for free meals to a foster child who is the responsibility of the State or placed by a court This information will be disseminated to contracting entities operating any child nutrition program through the current methods used to publish new and revised policies. New prototype application forthcoming from USDA around Spring 2011. All SFAs must use required information from the prototype application. CNR Summary as of 02/13/2013 58
USDA Policy Memo SP 17-2011, CACFP 08-2011 & SFSP 05-2011, revised. CN Reauthorization 2010: Categorical Eligibility of Foster Children (3/16/11) ARM update, Section 4, categorical eligibility of foster children (4/11) Email to ESCs on June 1, 2011 Categorical Eligibility of Foster Children CNR Summary as of 02/13/2013 59
Sec. 301. Privacy protection (All Child Nutrition Programs) Implemented upon receipt of USDA policy USDA Policy Memo SP 19-2011, CACFP 09-2011 & SFSP 06-2011, CN Reauthorization 2010: Privacy Protection and the Use of Social Security Numbers in Child Nutrition E-mail to ESCs on February 15, 2011 USDA Policy Memo SP 19-2011, CACFP 09-2011 & SFSP 06-2011, CN Reauthorization 2010: Privacy Protection and the Use of Social Security Numbers in Child Nutrition E-mail to ESCs on March 17, 2011, New Household/Multiuse Application The individual signing the free and reduced price application is only required to provide the last 4 digits of the social security number; under current requirements they must provide the complete social security number. (The person signing the application may continue to indicate they don t have a social security number.) Funding: None Removes requirement to collect social security number for verification. New prototype application forthcoming from USDA around Spring 2011. All SFAs must use required information from the prototype application. TDA will disseminate information to all contracting entities using current policy update processes. Reduction in privacy concerns may increase meal participation. Reduction in privacy concerns may increase the return rate of verification information. CNR Summary as of 02/13/2013 60