Nutrition

Child Nutrition Programs Contacts     ·    2023 Summer Institute    ·     Harvest Guidance Documents

Civil Rights Requirements of the Federal Child Nutrition Programs

School Food Authorities and program sponsors are required to administer child nutrition programs in accordance with all non-discrimination laws, regulations, instructions, policies, and guidance. This includes annual training on civil rights in child nutrition programs. Training can be accomplished by reviewing the training or watching the recorded webinar. 

• Child Nutrition Programs Civil Rights Training Recorded Webinar
• Child Nutrition Programs Civil Rights Training PowerPoint
• Child Nutrition Programs Civil Rights Training Documentation
• Child Nutrition Programs Civil Rights Manual
• SFA or Sponsor Civil Rights Complaint Procedure Template 
• SP 59-2016 Policy Memorandum on Modifications to Accommodate Disabilities in the School Meal Programs
• Accommodating Children with Disabilities in the School Meal Programs Manual
• Policy Memorandum on Modifications to Accommodate Disabilities in the Child and Adult Care Food Program and Summer Food Service Program
• Vermont Medical Statement Form
• FNS 113-1: Civil Rights Compliance and Enforcement

USDA-FNS Policy Memos

• USDA-FNS Policy Memos

Child Nutrition Program Procedures

• Late Claim for Reimbursement Procedure
• 60-Day Deadline Dates for Claims for Reimbursement
• Reimbursement Rates 2023-2024

Public Notices and Waivers

Providing Meals for Children Observing Ramdan Proposed Waiver

The Vermont Agency of Education has submitted a waiver request to the USDA to allow schools operating in the School Nutrition Program (SNP) and emergency shelters, adult day care centers, and at-risk afterschool programs operating in the Child and Adult Care Food Program (CACFP) to serve non-congregate meals to children that observe Ramadan. This waiver would allow SFAs and institutions to offer meals that participants in attendance can take off-site and consume after typical daylight hours, providing participants that observe Ramadan access to healthy and wholesome meals. We will make an announcement when the proposed waiver has been approved and the steps needed to request this waiver.

SY 2024-25 Prospective Waivers for Non-Congregate Meals due to Unanticipated School Closures

The state agency is applying for prospective waivers for non-congregate meal service in school year (SY) 2024-25 for the National School Lunch Program (NSLP), School Breakfast Program (SBP), Summer Food Service Program (SFSP), the NSLP Seamless Summer Option (SSO), and at-risk afterschool component of the Child and Adult Care Food Program (CACFP). This would waive congregate meal service, meal service times, parent and guardian pick up, offer versus serve (NSLP only), meal service at school sites (SFSP/SSO), and the enrichment activity for the at-risk component of the CACFP, when congregate meal service operations are limited due to natural disasters, unscheduled major building repairs, court orders relating to school safety or other issues, labor-management disputes, or similar unanticipated causes. Granted on July 16, 2024. Waiver requests for more than 10 consecutive days require FNS approval.

Waiver of New Requirement for More Frequent Review of Centers and Sponsors that Conduct Activities Other than CACFP

The state agency is seeking a waiver of the requirements at 7 CFR 226.6(m)(6)(ii) and 7 CFR 226.6(m)(6)(iii) that the state agency review independent centers and sponsoring organizations every two years instead of every three years if they that conduct activities other than CACFP.  - Denied on October 23, 2024

Waivers Requested for Participation in Summer 2024 S-EBT Program

The Vermont Agency of Education and the Vermont Department for Children and Families are requesting waivers of several federal regulations to facilitate the implementation of the Summer EBT program in Summer 2024.  These include regulations found at 7 CFR 292.12(f)(1), 7 CFR 292.12(g), 7 CFR 292.15(c)(1)(i)(A), 7 CFR 292.15(c)(1)(i)(B), and 7 CFR 292.26(a)(1). 

Vermont Summer Food Service Program (SFSP) Waiver of the Requirement for State agencies to Conduct Pre-Approval Reviews of Sites

Vermont Agency of Education Child Nutrition Programs is applying for a waiver of the requirements found at 7 CFR 225.7(d), 7 CFR 225.7(d)(1)(iii), and 7 CFR 225.7(d)(4) which require State agencies to conduct pre-approval visits of sites. The Stage agency instead requests to require sponsors to conduct pre-approval reviews of new sites, sites new to non-congregate meal service, and sites which experienced problems in the prior year. - Withdrawn as a result of additional guidance from USDA on July 2, 2024

Vermont Agency of Education is Requesting the Following Summer Food Service Program (SFSP) Waivers

• Waiver to allow non-congregate meal service, parent/guardian pick-up, and meal service times flexibility, to operate approved outdoor meal sites without temperature-controlled alternative sites as non-congregate sites on days when the area is experiencing excessive heat.
• Waiver to non-congregate meal service, parent/guardian pick-up, and meal service times flexibility, to operate approved outdoor sites without alternative indoor sites as non-congregate sites on days when the area is experiencing certain air quality advisories.
• Waiver to allow non-School Food Authorities (SFAs) to implement Offer vs. Serve (OVS) with congregate meal service.
• Waiver to allow non-congregate meal service, parent/guardian pick-up, meal services times flexibility, and service of meals at school sites during unanticipated school closures for the remainder of School Year 2023-2024. 

The following regulations are impacted:

• Non-Congregate Meal Service [42 U.S.C. 1753(b)(1)(A), 42 U.S.C. 1761(a)(1)(D), and 7 CFR 225.6(i)(15)]
• Parent/Guardian Meal Pickup 42 U.S.C. 1761(f)(3), 7 CFR 225.2 (Meals), and 7 CFR 225.9(d)(7)]
• Meal Service Times [7 CFR 225.16(c)(1), (2), and (3)]
• Service of Meals at School Sites [42 U.S.C.1761(c)(1 )and7 CFR 225.6(h)(1)(iv)]
• Offer Versus Serve [42 U.S.C. 1761(f)(7) and7 CFR 225.16(f)(1)(ii)]

-Granted on May 2, 2024

Vermont Summer Food Service Program (SFSP) Non-Congregate Meal Service Waiver to Allow Adults to Pick-Up Meals on Behalf of Other Parents or Guardian’s Children

Vermont Agency of Education Child Nutrition Programs is applying for a waiver of the requirement found at 7 CFR 225.16(i)(2) that SFSP meals are only distributed to parents or guardians of eligible children when children are not present.  The waiver would allow other adults to pick up meals on behalf of other parents or guardian’s children with written permission. - Denied May 3, 2024

Waiver of January 1 deadline for S-EBT Notice of Intent

The Vermont Agency of Education Child Nutrition Programs is applying for a waiver of statutory requirements at 42 USC 1761(n)(2) and regulations at 7 CFR 292.8(a). 

Public Notice: Availability of Child Nutrition Programs in Vermont

This public notice by the Vermont Agency of Education Child Nutrition Programs outlines the availability of several federal child nutrition programs in Vermont, and the income eligibility guidelines for those programs. Meals are available through the National School Lunch Program (NSLP), the School Breakfast Program (SBP), the NSLP Afterschool Snack Service, and the Child and Adult Care Food Program (CACFP).

Vermont Waiver to Allow Mid-year CEP Elections for SY 2023-2024

Vermont Agency of Education Child Nutrition Programs is requesting a waiver of the requirement that LEAs that intend to elect CEP in the following school year must notify the State agency and submit ISP documentation not later than June 30 of the current school year under Section 11(a)(1)(F)(x)(I) of the NSLA, 42 U.S.C. 1759a, and FNS regulations at 7 CFR 245.9(f)(4)(i); and the requirement that LEAs must calculate the CEP ISP using data as of April 1 of the prior school year under Sections 11(a)(1)(F)(iii)(I)(bb) and (a)(1)(F)(iv)(I)(bb) of the Richard B. Russell National School Lunch Act (NSLA), 42 U.S.C. 1759a, and FNS regulations at 7 CFR 245.9(f)(3)(i), (f)(4)(i), (f)(4)(v)(A), and (f)(4)(viii). Receipt of this waiver will allow Vermont to implement the changes made by USDA’s Community Eligibility Provision-Increasing Options for Schools rule during School Year 23-24, instead of needing to wait to implement this rule change until School Year 24-25. - Granted September 29, 2023, with the stipulation that new CEP claiming percentages may only be used from October 2023 onward.

Vermont Waiver to Allow Non-Congregate Meal Service in SFSP, SSO, SBP, NSLP, and CACFP At-Risk Afterschool Meals when Congregate Meal Service is limited due to Natural Disasters, Unscheduled Major Building Repairs, Court Orders Related to School Safety or Other Issues, Labor-Management Disputes, or Similar Unanticipated Causes   

Vermont Agency of Education Child Nutrition Programs is applying for a suite of waivers related to unanticipated school closure operation to allow for flexible meal service operation during those times. - Granted  September 14, 2023.

Vermont Summer Food Service Program (SFSP) Waiver of 4 SFSP Reviews Due to Natural Disaster

In response to recent flooding across the state, Vermont Agency of Education Child Nutrition Programs is applying for a waiver of the administrative review requirements set forth in 7 CFR 225.7(e)(4)(ii) to “Annually review a number of sponsors whose program reimbursements, in the aggregate, accounted for at least one-half of the total program meal reimbursements in the State in the prior year;” and in 7 CFR 225.7(e)(4)(iv) to “Review each sponsor at least once every three years”. This would allow the State agency to waive administrative reviews for 4 sponsors in Summer 2023 that were impacted by the flooding. - Granted  August 4, 2023.

Vermont Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) Waiver to Allow Sponsors to Operate at Schools during Unanticipated School Closures

The State agency is seeking a waiver of the requirements at Section 13(c)(1) of the National School Lunch Act (42 U.S.C. 1761(c)(1)) and 7 CFR 225.6(h)(1)(iv), to allow sponsors to serve meals at schools during unanticipated school closures. - Granted May 2, 2024. Effective May 1, 2024, through September 30, 2024

Vermont Summer Food Service Program (SFSP) Waiver Request to Postpone Implementation of the Streamlining Program requirements and Improving Integrity in the SFSP Final Rule.

Vermont Agency of Education Child Nutrition Program is requesting of a waiver of the compliance date May 1, 2023, as published in the Streamlining Program Requirements and Improving Integrity in the SFSP Final Rule, extended to January 1, 2024. - Granted March 23, 2023.

Vermont Summer Food Service Program (SFSP) Waiver Request to postpone the Management Plan requirement for sponsors

Vermont Agency of Education Child Nutrition Programs is applying for a waiver to the postpone the implementation of the requirement found at 7 CFR 225.6(c)(2)(i) & 7 CFR 225.6(c)(3)(i) that SFSP sponsors need to complete a Management Plan in their SFSP Application Packet and demonstrate compliance with viability, capability, and accountability. - This waiver was withdrawn and this flexibility was granted as part of the waiver to postpone implementation of the streamlining rule granted March 23rd, 2023.

Vermont Waiver Request to allow Thetford Academy to implement Provision 2 past the first claiming period

Vermont Agency of Education Child Nutrition Programs is applying for a waiver of 7 CFR 245.9(b)(6)(ii) to allow Thetford Academy to implement Provision 2 past the first claiming period of the school year in which the base year is operated. - This waiver was deemed unnecessary per additional guidance from USDA on 02/01/2023.

Vermont Summer Food Service Program (SFSP) Waiver Request to allow non-School Food Authority (SFA) Sponsors to operate Offer vs. Serve (OVS)

Vermont Agency of Education Child Nutrition Programs is applying for a waiver of the requirement found at 42 U.S.C.1761(f)(7) and 7 CFR 225.16(f)(1)(ii) to allow Offer vs. Serve (OVS) within the SFSP meal pattern and to be used by non-School Food Authority (SFA) sponsors in the Summer Food Service Program (SFSP). This waiver was previously granted for program years 2020, 2021, and 2022. - Granted May 2, 2024. Effective May 1, 2024, through September 30, 2024

Vermont Summer Food Service Program (SFSP) Waiver Request to allow the State agency to notify the Health Department of operation on behalf of the Sponsors

Vermont Agency of Education Child Nutrition Programs is applying for a waiver to the requirement found at 7 CFR 225.16(a) that SFSP sponsors notify the appropriate health department of their operation. Instead, AOE is requesting that the state agency be allowed to notify the Health Department of SFSP site locations on behalf of the sponsors. This waiver was previously granted for program years 2020, 2021, 2022 and 2023. - Granted May 7th, 2024. Effective June 1, 2024, through September 30, 2024

Vermont Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) Waiver Request to Allow Sponsors and School Food Authorities (SFAs) to Operate at Schools during Unanticipated School Closures

Vermont Agency of Education Child Nutrition Programs is applying for a waiver of the requirements at Section 13(c)(1) of the National School Lunch Act (42 U.S.C. 1761(c)(1)) and 7 CFR 225.6(d)(1)(iv), to allow SFSP sponsors and SFAs operating SSO to serve meals at schools during unanticipated school closures. - Granted March 31, 2023. Effective May 1, 2023 through June 30.

Vermont Summer Food Service Program (SFSP) Waiver to Allow Sponsors to Operate during Unanticipated School Closures during the months of May-September

Vermont Agency of Education Child Nutrition Programs is applying for a waiver of the requirements at 7CFR 225.2 and 7 CFR 225.6(i)(1)(iii) that unanticipated school closures can only occur between the months of October and April. - Granted March 31, 2023. Effective May 1 through June 30, 2023.

Waiver of the June 15 Sponsor Application Deadline in the SFSP

In anticipation of the passage of the Keep Kids Fed Act, the State Agency is seeking a waiver of the requirement that Summer Food Service Program sponsors apply to participate by June 15th.  -     Deemed unecessary as a result of Nationwide Waiver of the Summer Sponsor Application Deadline and to Allow Reimbursement for Meals Served Prior to Notification of Approval for Summer 2022 Operations granted by USDA July 8, 2022. This waiver remains in effect through Sept. 30, 2022.

Waiver of Paid Lunch Equity Requirements and Use of Prior Year Eligibility

The State Agency is seeking a waiver of the Paid Lunch Equity requirements in School Year 22-23 and a waiver to allow use of prior year eligibility determinations for School Year 2022-2023.  These waivers are needed to provide flexibility for local program operators to overcome challenges resulting from operations during COVID-19.    – Granted June 23, 2022. Effective for school lunch prices, and carryover period, for SY 2022-2023.

Summer 2022 and SY 2022-23 Child Nutrition Programs Meal Service and Administrative Waivers

The Vermont Agency of Education is seeking a series of waivers to reduce administrative burden in all Child Nutrition Programs during Summer 2022 and School Year 2022-23, as sponsors continue to respond to and recover from the COVID-19 pandemic.  The state agency is seeking all of the waivers on the Summer 2022 and SY 2022-23 Child Nutrition Programs 12(l) Waiver Checklist.   – Granted May 16, 2022. Effective dates of waivers listed in VT AOE Child Nutrition Programs Waiver Packet Approval Letter.

Vermont Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) Waiver to Allow Sponsors to Operate at Schools during Unanticipated School Closures

The State agency is seeking a waiver of the requirements at Section 13(c)(1) of the National School Lunch Act (42 U.S.C. 1761(c)(1)) and 7 CFR 225.6(d)(1)(iv), to allow SFSP sponsors to operate at schools during unanticipated school closures.

Vermont Summer Food Service Program (SFSP) Area Eligibility Flexibility Extension Waiver

The Vermont Agency of Education is requesting a waiver of requirements found at 42 U.S.C. 1761(a)(1)a(ii), 7 CFR 225.6(c)(3)(i)(B), and in SP 08-2017, CACFP 04-2017, SFSP 03-2017 Area Eligibility in Child Nutrition Programs to allow for an extension of the 5-year flexibility in area eligibility determinations.  This waiver would impact 6 sites where area eligibility expired during COVID-19.  -   Deemed unnecessary as a result of Nationwide Waiver to Extend Area Eligibility Waivers for Summer 2022 Operations – EXTENSION 5 granted by USDA June 30, 2022. This waiver extension is effective through September 30, 2022. 

School Nutrition Programs CEP Deadline Waiver

The State agency is seeking to extend Community Eligibility Provision (CEP) related deadlines during Spring 2022 of School Year 2021-2022 and Fall 2022 of School Year 2022-2023 to ease the administrative burden on SFAs and the State agency.   – Granted March 25, 2022. Effective through September 30, 2022.

Vermont Summer Food Service Program (SFSP) Monitoring and Oversight Waiver

The Vermont Agency of Education is requesting a waiver of requirements found at 7 CFR 225.7(d)(2)(ii), 7 CFR 225.7(d)(2)(ii)(D). 7 CFR 225.7(d)(2)(ii)(E), 7 CFR 225.7(d)(6), 7 CFR 225.15(d), and 7 CFR 225.15(d)(3).  This is a waiver of a number of administrative review and sponsor monitoring requirements in the Summer Food Service Program (SFSP), including the ability for the State agency and sponsors to conduct reviews off-site, for summer 2022 operation. Similar waivers were granted for summer 2021 operation.   – Granted May 25, 2022. Effective through September 30, 2022. 

Vermont Summer Food Service Program (SFSP) and Seamless Summer Option (SSO)

Vermont Summer Meals Programs closed-enrolled sites waiver request

The Vermont Agency of Education is applying for a waiver of the requirement found at 42 U.S.C. 1761(a)(1)(A)(i)(III) and 7 CFR 225.15(f), to allow the use of area eligibility data to establish closed-enrolled sites in the Summer Food Service Program (SFSP) and the National School Lunch Program’s Seamless Summer Option (SSO). This waiver was previously granted for program years 2020 and 2021. – Granted March 31, 2022. Effective May 1, 2022, and valid through April 30, 2023.

Vermont Summer Food Service Program (SFSP) first-week visit waiver request

The Vermont Agency of Education is applying for a waiver of the requirement found at 7 CFR 225.14(d)(2) to waiver first week site visits in the Summer Food Service Program (SFSP) for returning sites in good standing. This waiver was previously granted for program years 2020 and 2021. – Granted March 31, 2022. Effective May 1, 2022, and valid through April 30, 2023.

Vermont Summer Food Service Program (SFSP) Offer vs. Serve (OVS) to non-school food authority sponsors (SFA) waiver request

The Vermont Agency of Education is applying for a waiver of the requirement found at 42 U.S.C.1761(f)(7) and 7 CFR 225.16(f)(1)(ii) to allow Offer vs. Serve (OVS) within the SFSP meal pattern and to be used by non-School Food Authority (SFA) sponsors in the Summer Food Service Program (SFSP). This waiver was previously granted for program years 2020 and 2021.  – Granted March 31, 2022. Effective May 1, 2022, and valid through April 30, 2023.

Vermont Summer Meals Programs meal service time restrictions waiver

The Vermont Agency of Education is requesting a waiver of the meal service time restriction requirements found at 7 CFR 225.16(c)(1) and (c)(2) for the Summer Food Service Program (SFSP) and the National School Lunch Program’s Seamless Summer Option (SSO). This waiver was previously granted for program years 2020 and 2021.   – Granted March 31, 2022. Effective May 1, 2022, and valid through April 30, 2023.

Vermont Waiver Request to allow the State agency to notify the Health Department of operation on behalf of the Sponsors

Vermont Agency of Education Child Nutrition Programs is seeking a waiver to the requirement found at 7 CFR 225.16(a) that SFSP sponsors notify the appropriate health department of their operation.  Instead, AOE is requesting that the state agency be allowed to notify the Health Department of SFSP site locations on behalf of the sponsors. This is part of an effort to reduce the burden on the Department of Health, which is particularly critical during the current pandemic.  USDA previously granted this waiver to AOE for the period of May 26, 2020 to August 31, 2020 and October 1, 2020 - September 30, 2021.  This request is for the period of February 1, 2022 – September 30, 2022.  – Granted March 4, 2022. Effective March 3, 2022, and valid through September 30, 2022.

Waiver Request to Extend School Meals Administrative Review Cycle to 5 Years.

The state agency is seeking a waiver to extend the current school meals administrative review cycle by one additional year.  The state agency currently has a waiver to extend the current review cycle from 3 years to 4 years.  This waiver would extend the cycle from 4 years to 5 years.  If granted, the state agency would allow SFAs scheduled for review in SY21-22 the option of postponing their review to SY22-23, and receiving a technical assistance call in SY21-22 instead.  – Granted on January 19, 2022. In effect until June 30, 2024, for the NSLP administrative review cycle and FSMC review cycle extensions.

Waiver Request to USDA to Allow Day Care Home Providers to Claim All Children at the Tier I Rate

The State agency is seeking to extend the flexibilities provided by the Nationwide Waiver of Area Eligibility in the Afterschool Programs and for Family Day Care Home Providers in School Year 2021-2022 to allow DCH Providers to claim their own enrolled children without requiring the child to be eligible for free or reduced-price meals.  - Denied July 16, 2021.

Waiver Request to Allow Substitution of Milk-Based Dairy Products for Milk in the Summer Food Service Program

The State agency is requesting a waiver to allow the state to allow SFSP Sponsors to replace up to one serving of milk per day with an alternative dairy product made from milk, such as cheese, cottage cheese, or yogurt until September 30, 2021. - Denied May 28, 2021.

Waiver to request continuation of flexibilities allowing off-site pre approval visits and providing of reimbursement for meals served prior to written approval in the SFSP

The State agency is requesting an extension of the flexibility provided in COVID-19: Child Nutrition Response #69 Nationwide Waiver to Allow Reimbursement for Meals Served Prior to Notification of Approval and Provide Flexibility for Pre-Approval Visits in the Summer Food Service Program- EXTENSION that is set to expire on June 30th, 2021 and was not included in suite of waivers that were extended to September 30th, 2021 on March 9th, 2021. This waiver addresses Pre-Approval Visits and providing reimbursement for meals served prior to written approval.    - Deemed no longer necessary by USDA and therfore denied on July 14, 2021

Waiver Request to Postpone SFSP Press Release Requirement

Vermont Agency of Education Child Nutrition Programs is seeking a waiver of the requirement found at 7 CFR 225.6(a)(2) to announce the availability of the Summer Food Service Program (SFSP) by February 1st.  Instead, AOE is requesting to announce the program no later than May 1st. Promoting the program closer to summer will allow the State agency to have a better understanding of the pandemic constraints and any USDA-provided flexibilities. - Denied June 7, 2021.

Comments on Restoration of Whole Grain Flexibilities

Vermont Child Nutrition Programs (CNP) submitted these Comments on Restoration of Whole Grain Flexibilities in response to USDA’s proposed rule on the Restoration of Milk, Whole Grains, and Sodium Flexibilities. The proposed rule would allow National School Lunch Program (NSLP) and School Breakfast Program (SBP) operators to permanently offer flavored, low-fat milk as part of a reimbursable meal, allow for half of the weekly grains to be whole grain-rich, and provide schools more time for gradual sodium reduction by retaining Sodium Target 1 through the end of school year (SY) 2023-2024, continuing to Target 2 in SY 2024-2025, and eliminating the Final Target. The period for comments on the proposed rule ended on December 28, 2020.

Waiver Request to USDA to Waive Area Eligibility Requirements in the National School Lunch Program (NSLP) Afterschool Snack Service

The State agency is seeking to waive the area eligibility criteria of the National School Lunch Program (NSLP) Afterschool Snack Service to  provide continuity of meal service to children, 18 years and under, during School Year 2020-2021.   - Deemed no longer necessary by USDA and therfore denied on July 14, 2021

Vermont Waiver Request to allow the State agency to notify the Health Department of operation on behalf of the Sponsors

Vermont Agency of Education Child Nutrition Programs is seeking a waiver to the requirement found at 7 CFR 225.16(a) that SFSP sponsors notify the appropriate health department of their operation.  Instead, AOE is requesting that the state agency be allowed to notify the Health Department of SFSP site locations on behalf of the sponsors. This is part of an effort to reduce the burden on the Department of Health, which is particularly critical during the current pandemic.  USDA previously granted this waiver to AOE for the period of May 26, 2020 to August 31, 2020.  This request is for the period of October 1, 2020 - September 30, 2021.  – Granted December 23, 2020 and remains in effect until September 30, 2021. 

Vermont Waiver Request to USDA to Allow Flexibility of State Agency and Sponsor Monitoring Requirements during Fiscal Year 2020-2021

The State Agency is seeking waivers of numerous monitoring requirements at both the state agency and sponsor level. As part of our response to COVID-19, the state has received numerous nationwide and state-specific waivers from USDA that allow programs to be operated very differently from usual. Because of these waivers, and the unique way that programs are currently operating, many of the usual monitoring requirements do not make sense. The state agency seeks to alleviate the burden of these requirements on the state agency and on sponsors and proposes an alternative monitoring plan to ensure that program integrity, food safety, and other critical components of the programs are continuing to be followed during this unique and difficult time.   – Granted on March 31, 2021. In effect until June 30, 2021 for NSLP monitoring requirements; September 30, 2021 for CACFP and SFSP monitoring requirements; and June 30, 2023 for the NSLP administrative review cycle and FSMC review cycle extensions.

Waiver Request to Allow Substitution of Milk-Based Dairy Products for Milk in School Nutrition Programs and Summer Food Service Program

The State agency is requesting a waiver to allow the state to allow SFAs and Sponsors to replace up to one serving of milk per day with an alternative dairy product made from milk, such as cheese, cottage cheese, or yogurt.    -  Deemed unnecessary as USDA determined that the state agency already has this authority under the “Nationwide Waiver to Allow Meal Pattern Flexibility in the Child Nutrition Programs” extension, granted through June 30, 2021.

Vermont Waiver Request to USDA to Allow FFVP Foods Served at Alternative Locations within an Approved SFA during SY20-21

The State agency is seeking a waiver to allow SFAs with approved FFVP sites to use the funds provided to those sites to continue offering FFVP at alternative locations under the approved SFA through June 30, 2021.  – Granted on September 23, 2020 and remains in effect until June 30, 2021. Sponsors must request permission from the State Agency to use this waiver.

Waiver of Provision 2 Base Year Requirements for Slate Valley MUUSD

The State Agency is requesting a waiver of Provision 2 base year requirements for Slate Valley MUUSD to allow this SFA to use data collected in the first part of SY19-20, prior to school closures due to COVID-19, to establish a base year for Provision 2.  – Granted August 20, 2020.

Request to Waive Meal Pattern Requirements and Allow Use of Any Approved Child Nutrition Meal Pattern

The State agency is requesting a waiver to allow SFAs to use any approved child nutrition program meal pattern for meals served in the National School Lunch Program and School Breakfast Program during School Year 2020-2021.  This waiver would allow SFAs to use the SFSP meal pattern if more appropriate to their needs, and would also allow SFAs to use the NSLP/SBP meal pattern instead of the Child and Adult Care Food Program (CACFP) Meal Pattern for meals served to non-co-mingled Pre-K students. The State agency is seeking to simplify operations as much as possible for SFAs during School Year 2020-2021 as meal service will be vastly different compared to normal operations.     - Deemed unnecessary as a result of the extension that was granted by USDA on October 9, 2020 of the “Nationwide Waiver to Allow Meal Pattern Flexibility in the Child Nutrition Programs”. This extension is granted through June 30, 2021.

Waiver of the Requirement to Post Signage of a Reimbursable Meal for Certain Situations

The State agency is requesting to waive the requirement that SFAs must identify, near or at the beginning of serving line(s), the food items that constitute the reimbursable school meal specifically when offer vs. serve is not in use and meals will be served in locations other than the cafeteria. The State agency is seeking to reduce the administrative burden SFAs experience during School Year 2020-2021 as meal service will be offered in many different locations compared to normal operations to continue social distancing efforts. These altered meal services would require SFAs to post signage of a reimbursable meal in every eating location of the building. - Deemed unnecessary upon further clarification from USDA NERO.

Waiver to Allow Parents or Guardians to Pick Up FFVP for Children during School Year 2020-2021

The State agency is seeking to continue providing fresh fruits and vegetables through the FFVP to students enrolled in an approved FFVP elementary school. The State agency is seeking flexibility with the requirement that child(ren) must be present with the parent or guardian to receive these fresh fruits and vegetables. Therefore, we are applying to allow SFAs to provide FFVP through non-congregate meal service distributions to households without the need for the child(ren) to be present when meals are being picked up or delivered directly to the household.  – Granted on August 10, 2020 and remains in effect until June 30, 2021.

Waiver of the Requirement to Offer Milk Choice in School Nutrition Programs

The State agency is seeking to waive the requirement that schools operating the SBP and NSLP must offer a choice of milk as one of the components at breakfast and lunch meals, and instead allow one type of milk to be included with the meal during School Year 19-20.    -  Deemed unnecessary as a result of the extension that was granted by USDA on October 9, 2020 of the “Nationwide Waiver to Allow Meal Pattern Flexibility in the Child Nutrition Programs”. This extension is granted through June 30, 2021.

Waiver of the Requirement for School Food Authorities (SFAs) to Conduct On-Site Monitoring in the School Meals Programs

The State agency is seeking to waive the requirement that SFAs operating the SBP and NSLP must conduct monitoring visits on-site during School Year 2020-2021. – Granted through Nationwide Waiver on August 4, 2020 and remains in effect until June 30, 2021.

Waiver of the Requirement to Provide Potable Water in School Nutrition Programs

The State agency is seeking to allow flexibility with the requirement that SFAs must make potable water available and accessible in the location where lunch is served, during meal service, when meals are served in alternate locations such as the classrooms, and when meals are delivered to students’ households during remote instruction.    - Deemed no longer necessary by USDA and therfore denied on July 14, 2021

Waiver of the Enrichment or Educational Requirement in the CACFP At-Risk Afterschool Meals Program during School Year 2020-2021

The State agency seeking a waiver of the requirement that eligible schools and at-risk afterschool care centers who serve afterschool meals and snacks must offer meals in a structured and supervised environment, with an educational or enrichment activity during school year 2020-2021. The State agency is seeking to allow eligible or previously approved CACFP sites to operate and serve meals without offering the enrichment or educational component of the program to continue social distancing efforts and align with other flexibilities that have been provided during the COVID-19 pandemic for school year 2020-2021.    – Flexibilities provided by USDA through Q&A in August 2020.

Waiver of the Enrichment or Educational Requirement in the Afterschool Snack Service during School Year 2020-2021

The State agency is seeking a waiver of the requirement that eligible schools who serve afterschool snacks must offer these meals in a structured and supervised environment, with an educational or enrichment activity during school year 2020-2021. The State agency is seeking to allow schools eligible to operate the Afterschool Snack Service to serve snacks without offering the enrichment or educational component of the program in order to continue social distancing efforts and align with other flexibilities that have been provided during the COVID-19 pandemic for school year 2020-2021.   – Flexibilities provided by USDA through Q&A in August 2020.

Waiver of the Onsite Monitoring Requirements for Sponsoring Organizations in the SFSP and SSO into September 2020

The State agency is seeking to extend the on-site monitoring requirement waiver for SFSP and SSO through September 30, 2020 to allow for continued social distancing. The current nationwide waiver for on-site monitoring in the SFSP extends until August 31, 2020 with the intention that schools will re-open for school year 2020-2021 by September 1, 2020. The Governor of Vermont announced on July 28, 2020 that the start date for schools will be delayed until September 8, 2020.    -  Granted through Nationwide Waiver on August 4, 2020 and remains in effect until September 30, 2021.

Waiver request to Extend the Congregate Feeding Waiver in the SFSP and SSO into September 2020

The State agency is seeking to extend the non-congregate waiver for SFSP and SSO through September 30, 2020 to allow SFSP sponsors to continue providing summer meals in a non-congregate fashion until schools re-open for school year 2020-2021 and school meals are provided. This will allow children to have continued access to meals until the school year begins. The current nationwide waiver for non-congregate feeding in the SFSP extends until August 31, 2020 with the intention that schools will re-open for school year 2020-2021 by September 1, 2020. The Governor of Vermont announced on July 28, 2020 that the start date for schools will be delayed until September 8, 2020.   -  Granted August 20, 2020 though “Nationwide Waiver to Allow Non-Congregate Feeding in SFSP/SSO.” On October 9, 2020 this Nationwide Waiver was extended until June 30, 2021.

Waiver to Extend the Waiver of Area Eligibility Requirements in the SFSP and SSO into September 2020

The State agency is seeking to extend the area eligibility waiver for SFSP and SSO through September 30, 2020 to allow SFSP sponsors to continue providing summer meals until schools open for school year 2020-2021. This will allow children to have continued access to meals until the school year begins and school meals are provided. The current nationwide waiver extended Vermont’s previously approved area eligibility state wide waiver until August 31, 2020 with the intention that schools will re-open for school year 2020-2021 by September 1, 2020. The Governor of Vermont announced on July 28, 2020 that the start date for schools will be delayed until September 8, 2020.   -  Granted August 20, 2020 though “Nationwide Waiver to Extend Area Eligibility Waivers.” On October 9, 2020 this waiver was extended until June 30, 2021.  

Waiver Request to USDA to Extend the Waiver to Allow Parents and Guardians to Pick Up Meals for Children in the SFSP and SSO into September 2020

The State agency is seeking to extend the parent and guardian pick-up waiver for SFSP and SSO through September 30, 2020 to allow SFSP sponsors to continue providing summer meals until schools open for school year 2020-2021. This will allow children to have continued access to meals until school year begins and school meals are provided, and allow programs to maintain social distancing efforts to prevent the spread of COVID-19. The current nationwide waiver for parent and guardian pick-up of meals in SFSP extends until August 31, 2020 with the intention that schools will re-open for school year 2020-2021 by September 1, 2020. The Governor of Vermont announced on July 28, 2020 that the start date for all schools will be delayed until September 8, 2020.  -  Granted August 20, 2020 though “Nationwide Waiver to Allow Parents and Guardians to Pick Up Meals for Children.” On October 9, 2020 USDA extended this waiver until June 30, 2021.

Waiver of 3-year Administrative Review Cycle of Administrative Reviews due to COVID-19

The State agency is requesting a state-wide waiver of the 3-year Administrative Review (AR) requirement for School Nutrition Programs and requesting to extend the current 3-year review cycle by one year, for a total of 4 years for this cycle.  The State agency will use the waiver to take a one-year pause in conducting the administrative reviews for School Year 20-21 to accommodate the unique challenges of COVID-19.  Instead of conducting the prescribed administrative reviews, the State agency will use the pause to dedicate our 2.5 school nutrition staff members to conduct extensive technical assistance calls with every School Food Authority (SFA) participating in School Breakfast Program (SBP) and/or National School Lunch Program (NSLP) during the first two months of the school year, and again in the middle of the school year.  These technical assistance calls will discuss each SFA’s unique meal service challenges under COVID-19, and will focus on certain areas of highest concern, including food safety and counting and claiming.   –   Granted on August 7, 2020 and remains in effect until June 30, 2023.

Waiver related to Requirement to Review One-Half of Previous Year’s Aggregate Reimbursement in SFSP

The State agency is seeking a waiver of SFSP requirement 7 CFR 225.7(d)(2)(ii)(B), that state agencies shall annually review a number of sponsors whose program reimbursements, in the aggregate, accounted for at least one-half of the total program meal reimbursements in the State in the prior year to reduce the administrative burden on the State agency and the sponsors.  -  Granted August 20, 2020 and remains in effect until September 30, 2020.

Waiver to Allow the State agency to notify the Health Department of operation on behalf of the Sponsors

The State agency is seeking a waiver of SFSP requirement 7 CFR 225.16(a) for sponsors to individually notify the health department of their operation. The State agency proposes to fulfill this requirement on behalf of the sponsors to reduce the administrative burden on the sponsors and the Vermont Department of Health.   - Granted on July 2, 2020 and remains in effect until August 31, 2020.

Waiver related to area eligibility requirements in the SFSP and SSO

The State agency is seeking a waiver of the area eligibility requirement in SFSP [42 U.S.C. 1761(a)(1)(A)(i)(I)] that defines area eligibility as an area where at least 50% of the children have been determined eligible for free or reduced-price school meals. The State agency is seeking to provide continuity of meal service to children 18 years and under during summer operations that reside in a non-area eligible location.  - Granted on June 10, 2020 and remains in effect until August 31, 2020. “Nationwide Waiver to Extend Area Eligibility Waivers” was granted on August 20, 2020 and extends until June 30, 2021.

Waiver to allow CACFP sponsors to perform desk audits during COVID-19 to meet monitoring requirements

The State agency is seeking a waiver to allow sponsoring organizations to fulfill their monitoring requirements by performing desk audits through September 30, 2020. This will allow sponsoring organizations to continue monitoring their sites as required by regulation but in a manner to align with social distancing efforts to reduce the spread of COVID-19 and guidance released by the Department of Health and the Department of Children and Families as Programs re-open. The State agency is seeking to waive the requirement that monitoring visits must be performed on-site.  - On August 4, 2020 USDA extended the “Nationwide Waiver of Onsite Monitoring Requirements for State Agencies in the Child and Adult Care Food Program” until September 30, 2021  

Waiver to allow SFSP sponsors to perform desk audits during COVID-19 to meet monitoring requirements

The State agency is seeking a waiver to allow sponsoring organizations to fulfill their monitoring requirements by performing desk audits during SFSP operations. This will allow sponsoring organizations to continue monitoring their sites as required by regulation but in a manner to align with social distancing efforts to reduce the spread of COVID-19 and guidance released by the Department of Health and the Department of Children and Families as Programs re-open. The State agency is seeking to waive the requirement that monitoring visits must be performed on-site.    –  Granted through Nationwide Waiver on June 8, 2020 and effective until August 31, 2020.

Waiver to allow the State agency to perform desk audits during COVID-19 to meet administrative review requirements

The State agency is seeking a waiver to allow the State agency to fulfill annual administrative review requirements through desk audits during SFSP operations. This will allow the State agency to continue monitoring their sites as required by regulation but in a manner to align with social distancing efforts to reduce the spread of COVID-19 and guidance released by the Department of Health and the Department of Children and Families as Programs re-open. The State agency is seeking to waive the requirement that administrative reviews must be performed on-site.    –  Granted through Nationwide Waiver on June 8, 2020 and effective until August 31, 2020.

Waiver to allow SFAs with FFVP elementary schools that are not operating to serve FFVP foods at alternative locations

The State agency is seeking a waiver to allow SFAs with approved FFVP elementary schools that are not currently operating but have FFVP funds available to be able to serve FFVP foods at alternative locations, such as high schools. This will allow SFAs to be able to continue providing FFVP foods to students and using the funds that have been allocated to approved elementary school within the SFA.    - Deemed no longer necessary by USDA and therfore denied on July 14, 2021

Waiver to allow hotels housing homeless households to be considered residential camps for the purposes of the SFSP during COVID-19

The State agency is seeking to allow SFSP sponsors to add emergency shelters, including hotels serving as emergency shelters, as residential camp sites during the unanticipated school closures due to COVID-19, as opposed to applying as a new Program sponsor under CACFP in order to streamline sponsor and state agency paperwork and ensure homeless students receive meal service in a way that encourages social distancing measures during COVID-19.   Specifically, the state agency is seeking a waiver of the requirement that meals in residential camps be served as part of an “organized program.”   – Denied on July 17, 2020.

Waiver to allow FFVP produce to be provided for children along with SFSP/SSO meals when children are not present

The state agency is seeking a waiver of the requirement that children be present to receive FFVP produce items when served in a non-congregate setting.  This will align with how other child nutrition programs are operating during COVID-19, and will allow the continued provision of nutritious fruits and vegetables to children while maintaining social distancing efforts to reduce the spread of COVID-19.   – Granted on May 5, 2020 and effective until June 30, 2020.

Waiver related to the Unitized Meal requirement in SFSP, SSO and CACFP during the COVID-19 Outbreak

The state agency is seeking a waiver to allow bulk distribution of meals that do not meet the unitized meal requirement.  Bulk distribution of food items (i.e. a loaf of bread and jar of peanut butter, instead of 5 sandwiches.) would allow Program operators to provide households with the necessary food items to meet meal pattern compliance in the required portion sizes, limiting the additional work needed to prepare unitized meals. This would also reduce the amount of time food service staff spend in close contact with one another, to maintain the health and safety of foodservice personnel during unanticipated school and center closures due to COVID-19.     - Deemed unnecessary as a result of the Q&As that were released by USDA on April 11, 2020, indicating the allowance of offering meals in this fashion.

Waiver related to serving meals during previously scheduled Breaks occurring during an Unanticipated School Closure

The Vermont Agency of Education is seeking a waiver of USDA guidance requiring schools to “cancel” their previously scheduled breaks and holidays in order to allow continuous meal service during an unexpected school closure.  There is already significant confusion in the public around the expectations for remote learning during this time period, and requiring the school to “cancel” the break during the closure period for the purposes of the Child Nutrition Programs will only serve to add more confusion.  Requiring schools to specifically “cancel” previously scheduled breaks is an inefficient use of limited school resources during an emergency situation.     - Deemed unnecessary as a result of the Q&As that were released by USDA on April 11, 2020, indicating the allowance of offering meals during previously scheduled school break holidays with State agency approval. 

Waiver related to CEP deadlines during COVID19 outbreak

The Vermont Agency of Education is seeking a waiver of for the dates established in 7 CFR 245.9(f)(5)(i)-(xi) for the LEA to establish the number of students who are directly certified as of April 1, and to select to participate or renew participation in CEP by June 30.  In addition, AOE is seeking a waiver for the dates established in 7 CFR 245.9(f)(6)-(8) for the state agency to notify the LEA of their eligibility, and conduct public notification, using data as of April 1.     - Granted through Nationwide Waiver on March 26, 2020.

Waiver related to area eligibility requirements in the SFSP and SSO

The Vermont Agency of Education is applying for a waiver of the area eligibility requirement in SFSP [42 U.S.C. 1761(a)(1)(A)(i)(I)] that defines area eligibility as an area where at least 50% of the children have been determined eligible for free or reduced-price school meals.  The AOE is seeking to provide continuity of meal service to children 18 years and under during unanticipated school closures due to COVID-19 that reside in a non-area eligible location.     - Granted on March 29, 2020 and remains in effect until June 30, 2020. Later extended through multiple state and nationwide waivers. “Nationwide Waiver to Extend Area Eligibility Waivers” was granted on August 20, 2020 and extends until June 30, 2021.

Waiver related to location of meals served in the National School Lunch Program and School Breakfast Program

The Vermont Agency of Education is applying for a waiver of requirement found in Section 4(b) and Section 13(a)(1) of the National School Lunch Act that school meals be served at school.  The state agency is seeking to allow schools operating the National School Lunch Program and School Breakfast Program during a dismissal the flexibility to deliver meals to students’ homes or other sites in the community for pick-up.     - Granted through Nationwide Waiver on March 20, 2020. On June 25, 2020 USDA extended the “Nationwide Waiver to Allow Non-Congregate Feeding in Child Nutrition Programs” through June 30, 2021.

Waiver related to 60-day Claim Submission Deadline in the Child and Adult Care Food Program

The Vermont Agency of Education is applying for a waiver of the requirement found at 7 CFR 226.10(e). The State agency is seeking to allow flexibility with late claim submissions beyond the 60-day claim submission deadline during center closures and staff shortages due to COVID-19.      - Granted through Nationwide Waiver on April 1, 2020 for the January and February 2020 claim for reimbursement only.

Waiver related to meal pattern compliance in the Child and Adult Care Food Program

The Vermont Agency of Education is applying for a waiver of the requirements found at 7 CFR 226.20(a)(i), 7 CFR 226.20(a)(ii), 7 CFR 226.20(a)(iii), 7 CFR 226.20(a)(iv), and 7 CFR 226.20(a)(4)(i)(A). The State agency is seeking to allow flexibility with meeting meal pattern requirements for the type of milk served at meals and flexibility with meeting the whole grain-rich requirement during COVID-19 in areas with extensive food shortages.    - Granted through Nationwide Waiver on March 25, 2020. On October 9, 2020 USDA extended the “Nationwide Waiver to Allow Meal Pattern Flexibility in the Child Nutrition Programs” until June 30, 2021.

Waiver related to congregate feeding requirements in the Child and Adult Care Food Program

The Vermont Agency of Education is applying for a waiver of the Congregate Feeding Requirements found in 7 CFR 226.17(b)(9) and 7 CFR 226.19a(a)(11). The State agency is seeking to provide continuity of meal service to low income children and older adults during unexpected day care center closures due to COVID-19, and to support social distancing measures to prevent the spread of COVID-19 by allowing meals and snacks to be served in non-congregate settings.   - Granted through Nationwide Waiver on March 20, 2020. On June 25, 2020 USDA extended the “Nationwide Waiver to Allow Non-Congregate Feeding in Child Nutrition Programs” through June 30, 2021.

Waiver related monitoring requirements in the Child and Adult Care Food Program

The Vermont Agency of Education is applying for a waiver of the requirement found in 7 CFR 226.16(d)(4) and 226.16(d)(4)(iii). The State agency is seeking to provide flexibility with meeting the monitoring requirements during COVID-19 to support social distancing measures to prevent the spread of COVID-19 by allowing monitoring visits to be suspended during this time.   - Granted through Nationwide Waiver on March 27, 2020. Nationwide waiver has been extended until August 31, 2020.

Waiver related to congregate feeding requirements and timing requirements in the Summer Food Service Program and Seamless Summer Option

The Vermont Agency of Education is applying for a waiver of the Congregate Feeding Requirements found in 7 CFR 225.6(e)(15), and the timing requirements found in 7 CFR 225.16(c)(3), 7 CFR 225.6(d)(1)(iv). The state agency is seeking to provide continuity of meal service to low income students during unexpected school closures and student quarantine due to COVID-19, and to support social distancing measures to prevent the spread of COVID-19 by allowing meals to be served in non-congregate settings.    - Granted on March 13, 2020. On October 9, 2020 USDA extended “Nationwide Waiver to Allow Non-Congregate Feeding in SFSP/SSO” and “Nationwide Waiver to Allow Meal Pattern Flexibility in SFSP/SSO” until June 30, 2021.

A list of additional Nationwide Waivers related to COVID-19 can be found on the USDA COVID-19 Website. 

Other Public Notices and Waivers

• Vermont Summer Food Service Program (SFSP) closed enrolled sites waiver request - On October 9, 2020 USDA extended the “Nationwide Waiver to Allow Area Eligibility for Closed Enrolled Sites in the Summer Food Service Program and the National School Lunch Program Seamless Summer Option” until June 30, 2021
• Vermont Summer Food Service Program (SFSP) first-week visit waiver request - Granted through Nationwide Waiver on April 21, 2020. On October 9, 2020 USDA extended the “Nationwide Waiver to Waive First Week Site Visits in the Summer Food Service Program” until June 30, 2021.
• Vermont Summer Food Service Program (SFSP)  offer vs. serve (OVS) to non -school food authority sponsors (SFA) waiver request – Granted through Nationwide Waiver on April 21, 2020. On October 9, 2020 USDA extended the “Nationwide Waiver to Allow Offer Versus Serve Flexibilities in the Summer Food Service Program” until June 30, 2021.
• Vermont Summer Food Service Program (SFSP) time requirements waiver - Granted through Nationwide Waiver. On October 9, 2020 USDA extended the “Nationwide Waiver of Meal Service Time Restrictions in the Summer Food Service Program” until June 30, 2021.
• Vermont Summer Food Service Program (SFSP) serving meals at schools during unanticipated school closures waiver request - Granted February 25, 2020 and approved through April 30, 2022.