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Thank you for your continued support in ensuring students have healthy and available food options in school. Oregon Department of Education Child Nutrition Programs (ODE CNP) announced on October 25, that the United States Department of Agriculture (USDA) approved a waiver for CEP mid-year election for SY 23-24. The waiver required local educational agencies (LEAs) to use enrollment data as of April 1, 2023, to calculate the Identified Student Percentage (ISP) to elect CEP mid-year for SY 2023-2024.
Today, November 30, 2023, USDA Western Region Office (WRO) notified ODE CNP that October 1, 2023, enrollment data may be used for CEP mid-year election for SY 23-24.
USDA WRO issued the following guidance:
In an effort to support CEP, and to continue to test the effectiveness of using Medicaid data to directly certify students for both free and reduced price meal eligibility in the NSLP and SBP, FNS has determined that, under the direct certification with Medicaid demonstration project, State agencies have the option to allow LEAs to recalculate their ISPs, or to newly elect CEP, once the State agency has been cleared for readiness by FNS and the DCM data is available this school year. This flexibility is only permitted during the first year of DCM implementation, does not require a waiver, and may only be used going forward (i.e., it is not retroactive to prior months).
What Does This Mean for Oregon?
The new guidance allows ODE CNP to extend the following flexibilities to LEAs:
- Extend the CEP election deadline for LEAs statewide to December 31, 2023.
- Permit use of enrollment data as of October 1, 2023, to calculate the ISP for a CEP mid-year election for SY 23-24.
- Permits use of identified eligible students starting July 1, 2023, to the current operating month. This timeframe will allow students directly certified as free eligible through Medicaid data (DC-M Free) to be included in the ISP calculation.
Important considerations regarding mid-year CEP election:
The new guidance was issued today November 30, 2023, therefore Oregon LEAs electing CEP mid-year will begin using their CEP claiming percentage the month CEP is elected under the new claiming percentage and not before November 30, 2023. The new CEP election is not retroactive to prior months.
If LEAs elect mid-year CEP for SY 23-24, it will count as one of the years in the LEAs' four-year CEP cycle.
ODE CNP acknowledges the new guidance will have an impact for many LEAs and may cause frustration and additional work. If LEAs choose not to elect CEP mid-year for SY 23-24, LEAs will still be able to utilize Direct Certification with Medicaid data during the normal CEP election for SY 24-25.
Student Success Act Community Eligibility Provision Incentive (CEPI) State Funds:
As a reminder, CEPI funds (also referred to as Student Success Act (SSA) funds) are only available to public schools and eligible public charters that meet the 40 percent threshold of identified eligible students. This OAR outlines the guidelines for qualifying for Oregon CEP Incentive funds.
For LEAs interested in mid-year CEP election using October 1, 2023 enrollment, please complete the Community Eligibility Provision: SY 2023–24 Mid-Year Waiver survey by December 8, 2023.
If you have any questions, please contact your Child Nutrition Specialist.
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