April 5, 2022

This is an official communication between ODE CNP and Sponsors of NSLP

Inside This Issue

• Important Dates (new)
• USDA and ODE Memos (new)
• SNP Updates (new)
• Community Eligibility Provision: How and Why (repeat) 
• Revenue from Nonprogram Foods - Mandatory Reporting (new)
• Local School Wellness Policy Triennial Assessment Due Soon (new)
• Charging for Adult Meals (New)
• SCA Funds - Clarification (New)
• Fuel Up to Play 60 Grant Applications (new)
• Culinary Training - Building Up Breakfast (new)
• SNA's Virtual Spring Industry Boot Camp (new)
• Fresh Fruit and Vegetable Program Update (new)
• Procurement Corner (new)
  
• Upcoming Newsletter Dates
• SNP Contacts

Important Dates

• February 2022 Claim due:  Friday, April 29, 2022

USDA and ODE Memos ODE Memo - SY 2020-21 Revenue from Non-program Food and Adult Meal Prices Response Due:  May 15, 2022 - Action Required SP 04-2022, CACFP 04-2022 - Question and Answer Guidance on the Final Rule Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium Effective July 1, 2022 SP 05-2022 - Meal Requirements Under the National School Lunch Program and School Breakfast Program Questions and Answers for Program Operators Updated to Support the Transitional Standards for Milk, Whole Grains, and Sodium Effective July 1, 2022

SNP Updates School Meal Programs Requirements Chart The Oregon Department of Education School Nutrition Team is excited to announce the release of the School Meal Programs Requirements Chart. The chart can be found on the ODE SNP Resources page. The purpose of the chart is to serve as a resource where sponsors can find information about important program requirements.  As a reminder, The chart is meant to be a tool to help plan, however, it does not take the place of memos and other action items sent through the newsletter or email correspondence.  Community Eligibility Provision (CEP) Update ODE released a Special Edition Newsletter containing information about CEP.  In addition,  the ODE Special Provision Webpage has been updated.

Community Eligibility Provision: How and Why

The time is approaching to make a decision for the upcoming school year regarding Community Eligibility Provision (CEP) election. On March 10, ODE CNP released a special edition newsletter that focused on CEP. Some important points emphasized in that newsletter include:

• CEP benefits both sponsors and students. This is a win for everyone!
  • Sponsors experience decreased administrative burden with student eligibility processes. It also eliminates unpaid meal balances.
  • Students experience a reduction in the stigma associated with free/reduced meals as well as come to class nourished and ready to learn.
• The Student Success Act provides additional funds so qualified CEP sponsors receive up to 90% of meals claimed at the federal free reimbursement rate. This makes CEP financially viable for many schools meal programs.

ODE publishes proxy data to assist schools in evaluating if CEP qualification is possible.  Past proxy reports for sponsors and individual sites are posted on the Special Provisions page and are available now. Current proxy data is being evaluated and will be posted by April 15. Sponsors may also use other methods to predict Identified Student Percentage (ISP). Remember the actual ISP will be calculated using April 1, 2022 enrollment.

As you work to make decisions about Community Eligibility Provision (CEP), you will need to begin by assessing if your ISP reaches the required 40% mark. ODE will do the majority of the work to determine your ISP during the CEP election process. Proxy data will provide you an approximation. To determine your approximate ISP, there are three sources:

• Access the ODE Direct Certification system to
  • Use the automatic match download for your district’s enrollment
  • Use the On-Demand Membership Upload feature using April 1 enrollment
• By April 15, ODE CNP will post proxy data on the ODE Special Provisions webpage. This data is used to approximate each school’s minimum ISP.
• Add to either of these (which represent SNAP, TANF, and Foster only) the number of other categorically eligible students identified in the school. See Identified Student Percentage Explained.

Additional CEP resources can be found on the ODE Special Provisions webpage including full data collection instructions. If you already know your plans for CEP SY 2022-23, please complete the online CEP Annual Evaluation survey. The deadline to submit the survey is June 30, 2022.

If you need support working through the CEP data needs or you need further information on your options for the coming year, including information regarding the proxy data, you can reach out to Jon.Mabale@ode.oregon.gov.

Revenue from Non-program Foods – Mandatory Reporting

ODE has released a guidance memo and resources for sponsor use when assessing Revenue from Non-program Foods.

• Nonprogram Foods Memo
• At A Glance Nonprogram Food Revenue 
• Nonprogram Food Proportion Worksheet 
• USDA Nonprogram Food Revenue Tool
• USDA Memo SP 20-2016 Revenue from Nonprogram Food - Requirements

Revenue from Nonprogram Foods Certification Form SY 2020-21

The Memo explains the requirement and a link the Certification Form; The At A Glance provides additional information and resources; the Nonprogram Food Proportion Worksheet and the USDA Nonprogram Food Revenue Tool may be used to assess compliance; USDA Memo SP 20-2016 is the current USDA guidance for this program area; and the Revenue from Nonprogram Foods Certification Form SY 2020-21 is the reporting tool for the results.

Please utilize the resources to better understand this mandatory program requirement for Resource Management, and report results of the assessment to ODE CNP using the Certification Form by May 15, 2022.  These materials are posted on the ODE Financial Management webpage.

Local School Wellness Policy Triennial Assessment Due Soon Sponsors participating in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) are required to have a Local School Wellness Policy in place and conduct a triennial assessment. The USDA Food and Nutrition Services (FNS) finalized regulations found at 7 CFR 210.31 to create a framework and guidelines for written wellness policies established by sponsors. The final rule required sponsors to begin developing revised local school wellness policies during the 2016-2017 school year. The revised policy was to be in place by June 30, 2017. Based on the July 1, 2017 required implementation of the local school wellness policy regulations, the first triennial assessments were originally due on June 30, 2020, however, USDA released an initial waiver extending the deadline to June 30, 2021. An additional extension was granted via COVID-19: Child Nutrition Response #98 further delaying the deadline to June 30, 2022. With the June 30, 2022 fast approaching, here are some helpful reminders: Sponsors are required at least once every three years, to assess compliance with the policy and make the assessment results available to the public. The assessment must measure the implementation of the local school wellness policy, and include: The extent to which schools under the jurisdiction of the sponsor are in compliance with the local school wellness policy; The extent to which the sponsor’s school wellness policy compares to the model local school wellness policies; and A description of the progress made in attaining the goals of the local school wellness policy. Options and Tools for Conducting the Triennial Assessment Sponsors have flexibility in developing tools that will assess compliance with the specific components of their local school wellness policy. Sponsors in Oregon have the option to develop their own tool, use the WellSAT 3.0 tool, or to use a simplified tool created by ODE CNP. The Simplified Tools can be found on the Oregon Healthy Schools Webpage under Local School Wellness Policies. As a reminder, the Oregon Department of Education Child Nutrition Programs (ODE CNP) does not collect the triennial assessments, but will review the assessment and the local school wellness policy during the course of the administrative review process.

Charging for Adult Meals

The Oregon Department of Education Child Nutrition Programs (ODE CNP) would like to pass on an important reminder about adult meals for sponsors participating in the National School Lunch Program (NSLP) and Seamless Summer Option (SSO).

While students may eat at no charge when a sponsor is operating under the SSO or when determined eligible for free meals under the NSLP, adults may not. Schools and school districts must set an adult price which should be at least the amount of reimbursement received for a free lunch plus the per-meal value of both entitlement and bonus donated foods. For Breakfast, the adult charge should be at least the rate of reimbursement for free meals.

In non-pricing programs, the adult charge should be at least the amount of reimbursement received for a free lunch under Sections 4 and 11 of the National School Lunch Act, plus the per-meal value of both entitlement and bonus donated foods. For Breakfast, the adult charge should be at least the rate established for free meals under Section 4 of the Child Nutrition Act, plus the value of bonus commodities.

Schools and school districts must collect these funds from the adults or track the number of adult meals served and make a transfer using non-federal funds, such as general funds to reimburse the nonprofit food service account. Regardless of whether or not the individual adults are paying for the meal or if the school covers the cost of the meal on their behalf, an adult meal price must be established and the nonprofit food service account made whole.

As a reminder, adults who are directly involved in the operation and administration of the school nutrition programs (sometimes referred to as ‘program adults’) may, at the discretion of the Sponsor, be furnished meals at no charge. As such, the cost of meals served to food service staff may be supported by the nonprofit food service operation.  The determination of individuals, positions involved, and the degree to which their services are attributed to the nonprofit food service program operations is left to State and local officials

Sponsors should refer to FNS 782-5 for more information on adult meal pricing.

SCA Funds - Clarification

On March 14, 2022 the Oregon Department of Education Child Nutrition Programs (ODE CNP) released a memo regarding the availability of Supply Chain Assistance (SCA) Funds.

The memo included a section titled Q&A meant to answer common questions and answers regarding the SCA funds. This article is to provide additional clarification where it pertains to question and answer #23 for Sponsors who have a vended meal agreement or food service management company (FSMC) contracts.

ODE CNP has received several questions regarding whether or not the funds can be used to cover the rising cost of ‘allowable’ items when in a fixed price contract with an FSMC or a vended meal agreement. The short answer is ‘no’.

The two points of clarification are as follows:

Vendors and FSMC may not receive more funds than what are already allowed under the current fixed price per meal contract. However, sponsors may use SCA funds to pay the part of the invoices that qualify.

Sponsors MUST keep documentation sufficiently demonstrating that the items paid for with SCA funds were allowable.

All contracts are fixed price meaning that a sponsor cannot pay more for items/meals just because the vendor’s costs have increased. It is up to the vendor or FSMC to control their costs.  However, sponsors may request itemized lists of (unprocessed or minimally processed) allowable items and use SCA funds to pay that portion of the fixed fee per meal cost.

As an example, if an FSMC or vendor were to itemize the dairy cost of the fixed fee per meal separately, and the total cost of the qualifying line item is $2000, the sponsor would keep that documentation and track that $2000 of the SCA funds were used to cover that invoice. The FSMC or vendor may not receive additional funds outside of the fixed fee per meal price within the contract.

It will be up to the sponsor to ensure that they have adequate documentation sufficient to show the cost of an item and that the item(s) are allowable under the SCA funds criteria.

As a reminder, additional information pertaining to SCA funds can be found on the ODE CNP Financial Management webpage under the Supply Chain Assistance Funds section. 

Fuel Up to Play Grant Applications In case you haven’t heard, Fuel Up to Play 60 grant applications are open now through April 13. Schools can apply for  Healthy Smoothie Kit or Mobile Meal Carts Kit equipment or up to $4,000/school for healthy eating and physical activity initiatives. For questions, contact Crista Hawkins, chawkins@odncouncil.org or 971-409-0001.

Culinary Training Building Up Breakfast Registration is now open for the next ODE Virtual Culinary Training: Oregon Cooks for Kids-Building Up Breakfast Virtual Culinary Training on May, 12 at 2:00 pm. Please join us for a virtual culinary experience with Chef Jessica. School and child nutrition professionals across Oregon are invited to an hour of inspiration on Thursday May 12th at 2:00 pm. Watch or cook along with Jessica as she prepares easy, tasty and fun recipes that meet Child Nutrition Program guidelines. Participants will receive ideas for breakfast menus for all types of breakfast service. Watch or cook along with Jessica as she prepares easy, tasty recipes that meet Child Nutrition Program guidelines. We are including your ideas from the previous evaluations and surveys! https://us02web.zoom.us/webinar/register/WN_U8m2AFQWRQ6YNWuStuc94g After registering, you will receive a confirmation email containing information about joining the webinar.

SNA's Virtual Spring Industry Boot Camp How to Navigate Today's School Nutrition Programs SNA’s Virtual Spring Industry Boot Camp session will take place on May 10-12 (Level I) and May 16-18 (Level II), and registration is now open! SNA’s Industry Boot Camp is an intense educational seminar designed to help industry representatives new to school nutrition, as well as seasoned veterans, who want to brush up or better understand the ins and outs of the school nutrition segment. Companies sending more than two attendees will receive a $100 savings ($599) on each additional registration after their first two registrations. Attendees participating in both sessions (Level I & II combined) will receive an additional $50 savings. Level I topics include: An overview of child nutrition programs and the impact of COVID-19 Meal pattern regulations Trends in school nutrition Procurement USDA Foods Financial management Level II topics include: Product development Financial management (in-depth) USDA equipment grants Commodity processing (in-depth) Previous participation in Boot Camp Level I is a prerequisite for Boot Camp Level II, unless you have been in the K-12 school foodservice market for 5+ years.

Fresh Fruit and Vegetable Program (FFVP) Update

Please continue to submit claims to FarmtoCNP@ode.oregon.gov according to the SY 2021-2022 FFVP timeline.  January 2021 claims are due Friday, April 1, 2022. 

Please complete the mandatory annual FFVP training before submitting your first FFVP claim.

If you use up your initial FFVP award funds, please contact us at FarmtoCNP@ode.oregon.gov to inquire about additional funds.

Procurement School Food Authorities (SFAs) considering contracting for food and/or management services with a private sector food service management company (FSMC) must contact the State Agency (SA) before initiating the process. Upon notification by the SFA, the SA will provide information about Federal requirements in accordance with 7 CFR 210.16 and 7 CFR 210.21. SFAs are required to use the Request for Proposal/Contract template provided by the SA for contracting with food service management companies in accordance with 7 CFR 210.21(c)(2). The SFA should allow enough time to analyze all issues associated with contract operation of the nonprofit school nutrition program. This process should ideally begin one year prior to the start of a contract with a FSMC. A minimum of three (3) months is required in order to properly solicit, negotiate and approve a contract. 7 CFR 210.19 (a)(5) requires each state agency (SA) to annually review each contract (including all supporting documentation) between any SFA and FSMC to ensure compliance with all the provisions and standards set forth in 7 CFR 210 before execution of the contract by either party For information regarding specific regulations and procedures for contracting food service operations with food service management companies, please refer to 7 CFR 210.16 and the United States Department of Agriculture (USDA) publication entitled “Contracting with Food Service Management Companies”, “Guidance for School Food Authorities”.

Extra! Extra! Read all about it.  Newsletters will be distributed during the following weeks. (During the summer, newsletters will be distributed once a month)  We encourage you to access previous newsletters on the School Nutrition Memos Page:

• Mid April 2022
• Beginning of May 2022

School Nutrition Program Contacts

Civil Rights