Public Notice, Proposed Waiver Request: Administrative Review Cycle

" The U.S. Department of Agriculture (USDA) provides state agencies with the option to request a statewide waiver of the Administrative Review cycle for the School Nutrition Programs (SNPs). TDA is requesting a statewide waiver from USDA to perform SNP Administrative Reviews on a four-year cycle and to waive the Seamless Summer Option (SSO) reviews for CEs with no findings during an Administrative Review conducted in the same school year.

USDA Memo, SP 12-2019, Flexibility for the Administrative Review Cycle Requirement (February 22, 2019) describes the option for state agencies to request a waiver of the required three-year Administrative Review cycle, including Procurement Reviews (7 CFR 210.18). TDA is requesting a statewide waiver from USDA to implement a four-year review cycle. There are approximately 1,250 CEs operating a School Nutrition Program (SNP) each year. On a three-year cycle, TDA conducts approximately 415 reviews each year. On a four-year cycle, TDA’s goal is to complete approximately 315 reviews each year.

In addition, TDA is requesting to waive the Seamless Summer Option (SSO) review for CEs with no findings during an Administrative Review conducted in the same school year (7 CFR 210.18). TDA has found that when there no findings in an Administrative Review, the CE usually has no findings in an SSO review conducted in the same year.

By extending the review cycle to four years, TDA staff will be able to direct additional resources to provide technical assistance, reduce the time needed to conduct the total number of reviews, and allocate additional resources to identify and support the needs of high-risk SFAs.


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In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410
Fax: (202) 690-7442; or
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Texas Department of Agriculture

Commissioner Sid Miller

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