Waivers for School Nutrition Programs
Important Note

Contracting entities (CEs) may be exempt from specified program requirements if the CE (1) meets certain criteria, (2) submits information to the Texas Department of Agriculture (TDA) as required, and (3) is approved for the exemption/waiver. Questions about any of the exemptions/waivers on this list may be submitted by email to SNPWaivers@TexasAgriculture.gov. The exemption/waiver topic should be recorded in the email subject line.

TXUNPS > Applications > Download Forms > SNP-000 Request for Exemptions/Waivers for Program Operation or click on link: NSLP-SBP Waivers



Deadline Exemption/Waiver Topic
and Purpose
Explanation and
Guidance in the Administrator's Reference Manual (ARM)

Open
Current PY
Gender Separation:
Waiver purpose - Seek approval to operate a gender-separated meal service.

 
Section 3, Civil Rights & Confidentiality.

Open
Current PY
Hiring Professional Standards for CEs with a Total Enrollment of 2,499 or Less:
Waiver purpose - Seek approval to hire CND who does not meet required standards.

 
Section 27, Professional Standards

Open
Current PY
Lunch Meal Time:
Waiver purpose - Seek approval to operate lunch meal service outside of the required meal times.



 
Section 21, Meal Service

Opens - May
Closes - August
(throughout Summer Meal Service)
Non Congregate Feeding for Extreme Heat Minimize:
Waiver purpose - Used to report the non-congregate meals served when the National Weather Service issues a Heat Advisory, Excessive Heat Warning, or Excessive Heat Watch.


NOTE: TDA is awaiting guidance from USDA on the availability of this flexibility in Summer 2023.
 
Section 11, Summer Meals

Open
Current PY
Residential Child Care Institution (RCCI) Age/Grade Group Meal Pattern or Milk Choice:
Waiver purpose - Seek approval to serve the same age/grade group meal pattern or type of milk to all students.



 
Section 28, Residential Child Care Institutions

Opens - May 31
Closes - August 31
Seamless Summer Option Age/Grade Group Meal Pattern Portion Size:
Waiver purpose - Seek approval to serve only one age/grade group meal pattern at a summer meal site.



 
Section 11, Summer Meals

Opens - Nov. 1
Closes - Jan. 31
Summer Mandate:
SFAs who are mandated must submit their intent to operate a summer feeding program (SSO, SFSP or Partner with another SFA) or submit a waiver. Waiver Purpose - Seek approval to opt out of mandated requirement to serve a summer meal program.

 
Section 11, Summer Meals

Open
Current PY
Technology-Based Confirmation:
Waiver purpose - Seek approval to use an electronic confirmation review process.

 
Section 6, Verification of Eligibility

Opens - March 15
Closes - June 30
Universal Breakfast:
Waiver purpose - Seek approval to waive required breakfast service. Click here for more information about Universal Breakfast as well as a current list of campuses required to participate.

 
Section 8, Breakfast Meals

Open
Current PY
Vending Machines to Dispense Reimbursable Meals:
Waiver purpose - Seek approval to use of a vending machine to dispense a reimbursable meal.

 
Section 21, Meal Service

Open
Current PY
Child Nutrition Program Waiver:
Waiver purpose - Use if an applicable form is not found in the options above. This waiver request requires final approval by USDA.

 
Section 2, Program Application and Agreement