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(877) TEX-MEAL (Se habla Español)
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Public Resources > Notification of Waiver Requests
Public Notification of Waiver Requests

Public Notification of Waiver Requests

The National School Lunch Act provides USDA authority to waive certain provisions of the Child Nutrition Programs and Household Programs in circumstances when the waiver of the requirement would facilitate the ability of an organization to carry out the purpose of the program, and if the waiver does not significantly increase the overall cost to the applicable Program.

Note that the following requirements cannot be waived:
  • The nutritional content of meals served
  • Federal reimbursement rates
  • The provision of free and reduced price meals
  • Limits on the price charged for a reduced-price meal
  • Maintenance of effort
  • Equitable participation of children in private schools
  • Distribution of funds to local school food service authorities and service institutions participating in a the Programs administered by TDA
  • The disclosure of information relating to students receiving free or reduced price meals and other recipients of benefits
  • Prohibition on the operation of a profit-producing program
  • Requirements pertaining to the sale of competitive foods
  • Enforcement of any constitutional or statutory right of an individual

As part of the waiver request process, TDA must post public notification of all waiver requests submitted to USDA.

 

Pending and Approved Waiver Requests

SY 2026-2027 Prospective Waiver Allowing Non-Congregate Service during Unanticipated School/Facility Closures - June 8, 2026 – Status: PENDING – TDA is requesting from USDA the discretion to allow School Food Authorities (SFAs) and CACFP operators to operate a non-congregate service during unanticipated school/facility closures due to natural disasters, unscheduled major building repairs, court orders relating to building safety or other issues, labor-management disputes, or, when approved by TDA, for a similar unanticipated cause. If approved, TDA can approve area eligible SFAs in good standing to operate the Summer Food Service Program, Seamless Summer Option, or CACFP At-risk at the school site or a non-school site. Schools implementing virtual instruction during the closure may be eligible to operate a non-congregate NSLP service. CACFP operators in good standing may be approved to serve non-congregate meals under their current CACFP program. If approved, non-congregate service will be approved for up to 10 days. TDA will develop and post to SquareMeals a request form for contracting organizations facing an unanticipated closure. 

Summer 2026 Prospective Waiver Allowing Non-Congregate Service during Extreme Heat and/or Poor Air Quality Conditions - March 23, 2026 – Status:
APPROVED – TDA is requesting the discretion to allow  SFSP and SSO sponsors, in good standing, to operate outdoor meal sites without temperature-controlled alternative sites as non-congregate sites on days

  • When the National Weather Service (NWS) has issued a Heat Advisory, an Excessive Heat Warning, or an Excessive Heat Watch for the area where the site is located, and/or
  • When the area is experiencing an Air Quality Index (AQI) that reaches a “purple” flag level or higher, as indicated at https://www.airnow.gov/.
If approved, TDA will provide additional information on how to access the Extreme Heat/Poor Air Quality Notification Form.

Assistance available in English and Spanish. Please call 877-TEX-MEAL (877-839-6325) for help. Additional translations services available as well.

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. Mail:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
2. Fax: (833) 256-1665 or (202) 690-7442; or
3. Email: program.intake@usda.gov.
This institution is an equal opportunity provider.
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