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On October 10, 2024, the Oregon Department of Education Child Nutrition Programs (ODE CNP) received an extension of the FY 2024 waiver from the United States Department of Agriculture Food Nutrition Services (USDA FNS) for virtual monitoring for FDCH Sponsors in good standing.
USDA FNS, under the authority granted in Section 12(l) of the Richard B Russel National School Lunch Act (NSLA) (42 USC 1760(l)), approved ODE CNP’s renewal waiver request to waive the regulations at 7 CFR 226.16(d)(4)(iii), as related to onsite monitoring reviews, as described in the ODE CNP submitted waiver and renewal request.
Under this renewal waiver, FNS allows ODE CNP to approve Family Day Care Home Sponsors in good standing, that have an ODE CNP approved virtual monitoring plan, to follow the following monitoring requirements outlined below:
- Conduct one annual monitoring review offsite; and
- A second offsite monitoring review for those providers that are located outside of a 100-mile radius or two hours traveling time, from the sponsoring organization’s office.
- Ensure at least one onsite monitoring review must be unannounced and include a meal service observation.
All other monitoring requirements, such as pre-approval visits, first four-week reviews and follow up reviews will be conducted on-site and will comply with 7 CFR 226.16(d)(4)(iii).
Required Action Steps:
1. Opt-in to Waiver Attestation – October 18, 2024
- Organizations that previously used the FY 2024 Monitoring waiver, who have no revisions to their monitoring policies and procedures and who want to use the FY 2025 Offsite Monitoring Waiver, must opt in by October 18, 2024, via email to their assigned Child Nutrition Specialist. The email must include the following attestation:
[Name of Organization] is opting into the FY 2025 FDCH Offsite Monitoring Waiver. [Name of Organization] agrees to follow the waiver requirements, including conducting only one review offsite for those providers who live within 100-miles radius or two hours of traveling time from our office. If a provider lives more than two hours of travel time or lives more than 100-miles radius from our office, we may conduct a second offsite monitoring visit. We will conduct at least one onsite monitoring review as an unannounced visit, and it must include a meal service observation.
[Name of Organization] will complete all new provider pre-approval visits, first four-week reviews and all follow up-reviews onsite and will further comply with the regulatory requirements set forth in 7 CFR 226.16(d)(4)(iii).
- Organizations that used the FY 2024 monitoring waiver but have changes to their virtual monitoring policies must submit the revised policy with the attestation statement.
- For Organizations that did not use the FY 2024 monitoring waiver, they must submit a Written Monitoring Plan prior to implementation. The monitoring plan must contain a procedure for virtual monitoring reviews that includes:
- How Video/Photographic Reviews will be conducted
- How unannounced virtual monitoring visits will be conducted
- How missed unannounced reviews will be addressed
- How Serious Deficiencies will be determined
2. Reporting – August 31, 2025
ODE CNP will be required to submit information on the waiver usage to USDA. By August 1, 2025, ODE CNP will send out a survey that requires all sponsors that to submit the following information:
- A description of how the waiver impacted meal service operations and eligible participants’ access to nutritious meals and snacks;
- A description of how the waiver has facilitated sponsoring organizations’ oversight abilities and responsibilities;
- A summary of how many FDCHs were monitored offsite during the waiver period;
- A summary of common findings for onsite and offsite monitoring reviews, including serious deficiencies;
- A summary of program integrity measures taken to identify any misuse of Federal funds and identify fraudulent activities, and, if anything was identified, any action taken;
For assistance, or additional information, please contact your assigned Child Nutrition Specialist.
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