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Policy Updates and News
All the most current resources you need to successfully operate the School Nutrition Programs are available here. TDA keeps this page updated with any new policy updates and news, including the following:
- Handbook release notices with update summaries
- Form release notices
- Brand new policy updates that have not yet been updated within the handbooks
- FAQs and other resources, as required
Please bookmark this page and check back periodically.
December 11, 2024 - TDA Requesting Waiver to Allow Non-Congregate Service to Participants Fasting during Ramadan
School Food Authorities (SFAs) and institutions that serve meals to participants observing Ramadan often experience a drop in participation and would benefit from offering alternative meal service options. TDA is requesting a waiver that would allow SFAs and specific CACFP institutions to offer meals that participants in attendance can take off-site and consume after fasting, providing participants that observe Ramadan access to healthy and wholesome meals. Note that per USDA guidance, if approved, this waiver will only be available to Contracting Entities operating NSLP, SBP, CACFP At-Risk sites, CACFP Emergency Shelters, CACFP Outside-School-Hours Care Centers, and CACFP Adult Day Care Centers.
November 20, 2024 - Updated Guidance Related to Accepting Processed Product Documentation for Meal Pattern Requirements
USDA's Food and Nutrition Service (FNS) has released a policy memo that provides program operators of the child nutrition programs (CNP), including the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, and the Summer Food Service Program, with additional information and clarification on the state agency monitoring process regarding the: 1) Child nutrition (CN) label, 2) Watermarked CN label, and 3) manufacturer’s Product Formulation Statement (PFS). This memorandum also reflects updates to the CN Label Verification System and provides clarification on the date of authorization found on the CN label versus the “Valid Until” date on the CN Label Verification Report. This memo is located at: https://www.fns.usda.gov/cn/labeling/guidance-accepting-processed-product-documentation.TDA will add any clarifying guidance to Program Handbooks in future updates.
November 6, 2024 - New Guidance Related to Fees for Online Meal Payments
On November 1, 2024, USDA's Food and Nutrition Service (FNS) released SP 04-2025, Fees for Electronic Payment Services in the School Meal Programs. This memo states that, effective school year 2027-2028, families with students eligible for reduced-price meal benefits in the school meal programs must not be charged any fees for using electronic payment services in the school meal programs. This requirement ensures that students who are determined eligible for free or reduced-price meal benefits receive the benefits they qualify for without having to pay additional fees along with the cost of a meal. The memo also offers best practices and strategies for school food authorities to ensure that all families are aware of payment options and to ease the financial burden that electronic payment processing fees impose on families. This memorandum supersedes SP 02-2015, Online Fees in the School Meal Programs.
This policy is effective SY 2027-2028, or the school year immediately following the expiration of the school food authority’s current contract with a payment processing company, if the contract expires after SY 2027-2028. FNS is delaying implementation of this requirement to provide ample lead time to allow SFAs to modify current systems and/or establish new contracts; however, SFAs are encouraged to implement this requirement as soon as they are able. SFAs may use funds in the nonprofit school food service account to cover the fees under their current contract.
The entire memo is available at: https://www.fns.usda.gov/cn/electronic-payments-fees
These updates will be included in a future ARM release.
November 6, 2024 - RELEASE: Updated Pre-Award Civil Rights Compliance Review Form
The Pre-Award Civil Rights Compliance Review Form must be completed by new Contracting Entities (CEs) in all Child Nutrition and Household Programs prior to being approved for participation. This form has recently been updated to clarify that visual observation to obtain estimated racial/ethnic data is not allowable in CACFP and SFSP. Note that it is not explicitly prohibited in any other program at this time. The form has also been updated with additional sources that a prospective CE may use to obtain the estimated data for the upcoming program year. The updated form is available in TX-UNPS and on each applicable program's Administration/Forms page.
November 6, 2024 - Crosswalk of 2 CFR 200 Updates Posted on SquareMeals
On October 25, TDA posted news on SquareMeals about updates to 2 CFR 200. While most updates are non-substantive in nature, some operators have requested to see a full list of the 560 changes to the regulation. Click here to see a USDA-provided crosswalk of all changes to 2 CFR 200.
October 25, 2024 - Updates to Federal Financial Regulations (2 CFR 200)
On October 1, 2024, a Final Rule was implemented that made significant updates to 2 CFR 200. While most changes appear to not affect the Nutrition and Household Programs administered by TDA, there are several changes that will impact our operators, including:
- Equipment threshold increased from $5,000 to $10,000. This means that as of October 1, 2024, only equipment purchases of $10,000 or more require a Capital Expenditure request.
- The single audit threshold has increased from $750,000 to $1,000,000. This means that any operator that expends more than $1,000,000 in Fiscal Year 2025 will need to conduct a single audit. Note that any operator that expended more that $750,000 in FY 2024 will also need a single audit.
- The aggregate amount of unused supplies (including computers under $10,000 each) that an operator can retain or sell at the time of closeout has been increased from $5,000 to $10,000. Note that if the amount is over $10,000, TDA will be entitled to a percentage of the fair market value of the supplies or the amount received in the sale of those supplies.
October 25, 2024 - Updated Guidance on Substituting Vegetables for Fruit at Breakfast
USDA has released a new Question & Answer document designed to explain the optional provision that continues to allow the substitution of vegetables for fruits at breakfast, per the 2024 Final Rule, Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans. These flexibilities provide schools with greater menu planning flexibility at breakfast as compared to the previous regulations and provide a straightforward approach to support children’s health and help students consume a variety of vegetables.
Starting in school year (SY) 2025-2026:
- Schools choosing to offer vegetables at breakfast in place of fruits one day per week may offer vegetables from any vegetable subgroup.
- Schools choosing to offer vegetables at breakfast in place of fruits on two or more days per week must offer vegetables from at least two different vegetable subgroups over the course of the week.
However, in SY 2024-2025, per the March 9, 2024, Appropriations Act, Congress provided that school food authorities (SFAs) participating in the School Breakfast Program may credit any vegetable offered in place of fruit without including vegetable subgroup variety. This provision is effective only for SY 2024-2025 and restricts USDA from enforcing the vegetable variety requirements at breakfast. However, to expose children to the nutrients that come from a variety of vegetables, USDA continues to encourage Program operators to include a variety of vegetables at breakfast.
For more information, please reference the new Q&A resource created by USDA, located at: https://www.fns.usda.gov/sbp/vegetables-fruit-flexibility-qas
October 25, 2024 - Updated Guidance on Fluid Milk Requirements in the School Meal Programs
USDA has issued a new policy memorandum (SP 01-2025, Fluid Milk Requirements for School Meals) that updates and clarifies current guidance for fluid milk requirements in school meal programs following publication of the 2024 Final Rule, Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans. This memorandum supersedes SP 29-2011: Nutrition Requirements for Fluid Milk, issued April 14, 2011, and rescinds the Food and Consumer Service Instruction Number 783-7 REV. 1 titled, Milk Requirement – Child Nutrition Programs, released January 24, 1995.
The memo contains information on the following milk requirements:
- Explanation of existing requirements maintained by the Final Rule.
- The allowed use of pasteurized lactose-free/lactose-reduced milk, cultured milk, acidified milk, and Ultra High Temperature Milk.
- Product-based added sugar limits in school meals and its affect on offered milk beginning July 1, 2025.
- Use of nondairy fluid milk substitutes for disability and non-disability reasons
To see the memo and get more information on fluid milk requirements, please visit: https://www.fns.usda.gov/cn/fluid-milk-requirements-schools
August 27, 2024 - RELEASE: Updated Spanish versions of NSLP and SMP Household Applications, Application Letters, and Eligibility Letters
Revised Spanish versions of the NSLP and SMP Household Applications, Application Letters, and Eligibility Letters were published on the SquareMeals Administration/Forms and Eligibility pages. These documents were updated to reflect the correct version of the Spanish nondiscrimination statement. There is no action required if you have already distributed these items with the incorrect Spanish NDS. Please use the latest Spanish version if you have not yet distributed eligibility determination letters.
August 6, 2024 - Public Notification of Request to Waive SSO Reviews for School Food Authorities with No Findings during an Administrative Review in the Prior School Year
TDA is requesting a waiver from USDA that would exempt TDA from conducting a required Seamless Summer Option (SSO) review when a School Food Authority’s (SFA’s) NSLP Administrative Review conducted in the same school year resulted in no findings.
USDA approved the same waiver during the last NSLP review cycle, and TDA now seeks to implement this new waiver for the duration of its new 5-year cycle
Note that TDA will only use this waiver for SFAs operating standard congregate SSO service in the summer after the NSLP review.
July 31, 2024 - RELEASE: Updated Excess Net Cash Resources Plan for SNP operators
An updated Excess Net Cash Resources Plan form has been released and posted to SquareMeals.org to reflect TDA’s discretion to expand the excess net cash resource threshold from 3 months to six months’ average expenditures. Note that this applies to school nutrition program operators only.
This change is not retroactive, and any school food authority that has already submitted a spend-down plan for having an excess of three months’ average expenditures in its account must adhere to its submitted plan.
The form can be located in the Forms table here on SquareMeals: https://squaremeals.org/Programs/NationalSchoolLunchProgram/AdministrationForms.aspx
July 30, 2024 - Unanticipated School Closure Non-Congregate Flexibilities Approved by USDA
USDA has given TDA the discretion to approve specific flexibilities and waivers for school districts experiencing an unanticipated school closure during School Year 2024-2025. These flexibilities include non-congregate service, meal service time exceptions, waiver of OVS requirements, parent pick-up flexibilities, service at the closed school site, and waiver of enrichment activities (if operating CACFP At-Risk during the closure). It also allows for SFSP and SSO to be operated at any time during the school year in the event of an unanticipated closure. Note that all non-congregate flexibilities will only be approved for a maximum of 10 calendar days at one time.
Schools experiencing a closure must submit the recently updated Unanticipated School Closure Notification Form currently published on the NSLP Administration/Forms page. Please refer to ARM Section 24, Disaster Situations, for specific guidance on operating during an unanticipated school closure.
July 25, 2024 - RELEASE: Revised Letter to Household - Eligibility Determination - Multiple Templates (SPANISH)
TDA has revised the Spanish version of the Eligibility Determination Letters to Household Suite to update the timeframe for requesting an appeal from 10 business days to 10 calendar days.
July 12, 2024 - SY 2024-2025 Reimbursement Rates for School Nutrition Programs Published
The 2024-2025 reimbursement rates for the National School Lunch Program, School Breakfast Program, and the Special Milk Program have been posted on the NSLP Reimbursement Rates page: https://squaremeals.org/Programs/National-School-Lunch-Program/Reimbursement-Rates. Note that the performance-based reimbursement for eligible Contracting Entities is increasing from 8 cents to 9 cents.
Administrator’s Reference Manual (ARM) Update
NSLP Handbook: Administrator's Reference Manual
State and Federal Law Concerning F&N Programs
Tools for Program Compliance
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Smart Snacks Product Calculator
Take the guess work out of your day! Answer a series of questions in the Smart Snacks Product Calculator to see if your product meets USDA's Smart Snacks in School nutrition standards. |
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Food Buying Guide
The Food Buying Guide is the essential resource for food yield information for all child nutrition programs. Use it to determine if a food item is creditable. |
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Meal Pattern Certification Overview Video
Watch this video for an overview of the Meal Pattern Certification process and helpful tips. |
USDA Certification of Compliance
Click here to view the USDA Certification of Compliance Webpage
USDA Certification of Compliance Worksheets
- Click here to view the 3-Day Schedule Certification Worksheets
- Click here to view the 4-Day Schedule Certification Worksheets
- Click here to view the 5-Day Schedule Certification Worksheets
- Click here to view the 6-Day Schedule Certification Worksheets
- Click here to view the 7-Day Schedule Certification Worksheets
Click here to view the USDA Approved Certification of Compliance Tools and Software
Click here to view the USDA Approved Nutrient Analysis Software
Food Buying Guide—Creditable Contributions
The USDA interactive Food Buying Guide for Child Nutrition Programs (FBG) allows CEs to search creditable food items for food yield information to help determine the specific contribution each food item makes towards a reimbursable meal in all Child Nutrition Programs. It also provides useful tools, such as the Recipe Analysis Workbook and the Product Formulation Statement Workbook. In addition, with yield data for more than 2,100 food items, this guide provides ideas for adding new foods or new versions of familiar foods to your menus. The Dietary Guidelines for Americans emphasize that a variety of fruits, vegetables, and grains, especially dark green and red/orange vegetables and whole grains, are key elements of a healthful diet.
Contracting entities may also use the following resources to assist in ensuring that meals meet program requirements for reimbursement:
NOTE: Contents of all Food Buying Guide Supplements previously found on this page have been incorporated into the FBG. Requests for copies of archived Food Buying Guide Supplements can be emailed to FNDPolicy@Texasagriculture.gov. In the subject of the email, list the full name of the Food Buying Guide Supplement requested.
Texas School Nutrition Laws
HB 1305—Breakfast Mandate
Starting with School Year 2015-2016, public and charter schools that are mandated to offer breakfast may operate a locally funded breakfast program in lieu of the federally funded School Breakfast Program.
School districts or charter schools may have schools that operate the School Breakfast Program and other schools that operate a locally funded breakfast program. In these cases, the school district or charter school must fully fund its locally funded breakfast program from resources other than the Child Nutrition Program.
Locally funded breakfast programs are eligible for state compensatory funding. Please note state compensatory funding is administered by the Texas Education Agency (TEA).
HB 3562—Charge Policy
If a school district allows students to use prepaid meal cards or accounts to purchase school meals, the district must establish a grace period during which a student is able to charge meals after the prepaid funds are exhausted.
The school district must also notify the student’s parent or guardian that the student’s meal card or account balance is exhausted. The district is not allowed to charge a fee or interest in connection with meals purchased by the students during the grace period. When the school district notifies the student’s parent or guardian that the student has a negative balance, the district may set a repayment schedule for the meal charges.
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