Child Nutrition Reauthorization: Healthy Hunger Free Kids ...€¦ · Fact Sheet March 2011 SP 39...

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1-2-12 1 Child Nutrition Reauthorization: Healthy Hunger Free Kids Act of 2010 Implementation Plan (as of 1/2/2012) Section No. Title Overview of Provision Action by USDA Action by PDE/DFN Estimated Timeline 101 Improving Direct Certification Performance based awards for states making the greatest strides in directly certifying SNAP children Award based on "Outstanding Performance" and Substantial Improvement" Award up to 15 states annually for 3 school years-$4million for 3 years ($2 million/category/year) State Agencies may pass funds through to School Food Authorities Awards made by September 30 of each year. First award will be made by 9/30/12 Direct Certification Rate Benchmarks Establishes benchmarks for each state for directly certifying SNAP children o SY 2011-12: > 80% o SY 2012-13: > 90% o SY 2013-14: > 95% o After SY 2013-14 states must maintain > 95% SP 31-2011, issued April 27, 2011 SP 33-2011, issued April 28, 2011 SP 32-2011, issued April 28, 2011 Summary of USDA Direct Certification Memos, issued May 23, 2011, PEARS Form Download, Reauthorization Section COMPASS changes released June 18. Webinar trainings are August 4 and 18 (register through PEARS). Interactive training, and COMPASS Guide available. See PEARS Form Download, COMPASS Section. Interim Rule issued April 25, 2011 Final Rule Late 2013 CIP due Fall 2013 and annually thereafter

Transcript of Child Nutrition Reauthorization: Healthy Hunger Free Kids ...€¦ · Fact Sheet March 2011 SP 39...

Page 1: Child Nutrition Reauthorization: Healthy Hunger Free Kids ...€¦ · Fact Sheet March 2011 SP 39 -2011 revised October 24 , 2011 Paid Lunch Equity (PLE) Pricing Tool on USDA website

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Child Nutrition Reauthorization: Healthy Hunger Free Kids Act of 2010 Implementation Plan (as of 1/2/2012)

Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

101 Improving Direct Certification

Performance based awards for states

making the greatest strides in directly

certifying SNAP children

Award based on "Outstanding

Performance" and Substantial

Improvement"

Award up to 15 states annually for 3

school years-$4million for 3 years

($2 million/category/year)

State Agencies may pass funds

through to School Food Authorities

Awards made by September 30 of

each year. First award will be made

by 9/30/12

Direct Certification Rate Benchmarks

Establishes benchmarks for each state

for directly certifying SNAP children

o SY 2011-12: > 80%

o SY 2012-13: > 90%

o SY 2013-14: > 95%

o After SY 2013-14 states must

maintain > 95%

SP 31-2011, issued

April 27, 2011

SP 33-2011, issued

April 28, 2011

SP 32-2011, issued

April 28, 2011

Summary of USDA

Direct Certification

Memos, issued May 23,

2011, PEARS Form

Download,

Reauthorization Section

COMPASS changes

released June 18.

Webinar trainings are

August 4 and 18

(register through

PEARS). Interactive

training, and COMPASS

Guide available. See

PEARS Form

Download, COMPASS

Section.

Interim Rule issued

April 25, 2011

Final Rule Late 2013

CIP due Fall 2013

and annually

thereafter

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Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

States failing to meet these

benchmarks must develop a

Continuous Improvement Plan (CIP)

Elimination of Direct Certification

Letter Method

Eliminates the Letter Method as a

method to directly certify SNAP

households

In PA, all schools are required to use

COMPASS for completing Direct

Certification

Implementation Memo

Issued 1/11/11 (SP 13-

2011)

PEARS Form

Download,

Reauthorization Section

**No impact in PA

102 Categorical Eligibility of Foster

Children

Foster children are now automatically

eligible for free meals (categorically

eligible).

May be certified as free without an

application.

Implementation

Memo Issued

1/31/11 (SP 17-

2011)

Updated Prototype

Household

Applications

PEARS Form

Download,

Reauthorization Section,

issued March 30, 2011

Issue Q and A

March

Eligibility Guidance

Manual updated

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Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

103 Direct Certification with Medicaid

Demonstration project to test the

effectiveness of directly certifying

children using Medicaid data

Phase in 2012-13

States and LEAs selected

Nationally cannot exceed 10% of

students certified for free or reduced

price meals (2014-15). Threshold

begins at 2.5% in 2012-13

Application to

participate as pilot

state submitted to

USDA

104 Universal Meal Service in High

Poverty Areas

Provides an alternative to paper

applications for claiming

reimbursements in school food

authorities serving a high percentage

of identified students

All students fed breakfast and lunch

for free for 4 consecutive years

To be eligible school must have

directly certified 40% or more of the

students

Claims for reimbursement are based

on percent of directly certified

students times a factor of 1.6. (i.e.,

60% of students are directly certified,

times 1.6 = claiming percentage of

USDA Memo SP 23-

2011, Community

Eligibility Option,

March 15, 2011

PEARS Form

Download,

Reauthorization Section,

March 22, 2011

Year 1: 3 states

selected for 2011-12

Year 2 and 3: an

additional 4 states

selected for each SY

July 1, 2014: All

states are eligible

Guidance issued

March 2011

Proposed Rule

Spring 2012

Final Rule

December 2013

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Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

96% for free meals.

Remainders of meals are reimbursed

at the paid rate.

Use of Census Data

Provide an alternative to paper

applications in high poverty areas

Currently studying American

Community Survey data

Report issued to USDA Fall 2011

USDA can initiate demonstration

projects based upon

recommendations in the report

Socioeconomic Survey

Allow for use of socioeconomic

survey for claiming meals in no more

than 3 school food authorities

Develop and issue

survey parameters

Fall 2011

Select school food

authorities Spring

2012

143 Review of Local Policies on Meal

Charges and Provision of Alternative

Meals

Requires USDA to prepare a report

with recommendations

Analyze data from

Year 1 of School

Nutrition Operations

Study Fall 2011

Convene workgroup

Winter 2012

201 Performance Based Reimbursement Proposed Rule on Final Rule on

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Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

Rate Increase

Facilitates schools’ adoption of the

new meal requirements

Requires USDA to update School

Meal Nutrition Standards

Provides an additional 6 cents for

lunch for schools certified by State

Agency to be in compliance with new

meal standards. Rate is adjusted

annually based on CPI.

Funding is available when the

implementation regulations for

Nutrition Standards in School Meals

is issued

Nutrition Standards

in School Meals

released January

13,2011

Nutrition Standards

in School Meals

January 2012

Interim Rule on

certification of

schools March 2012

202 Requirements for Fluid Milk

Fat free (unflavored or flavored and

unflavored low-fat milk must be

served

Included as part of proposed rule for

Section 201

Applies to the Special Milk Program

SP29-2011, issued April

14, 2011

USDA memo reissued

with PDE cover memo,

PEARS Reauthorization

section, issued May 24,

2011

Implementation Rule

Fall 2011/Winter

2012 (Nutrition

Standards in School

Meals)

203 Water

Free potable water must be available

to children for consumption where

meals are served during meal service

SP28-2011, issued

April 12, 2011

Revised July 12,

2011

PEARS Form

Download,

Reauthorization

Section, issued May

24, 2011.

Reissued August 2,

Implementation

memo Spring 2011

Proposed Rule

December 2011

Final Rule Summer

2013

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Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

2011

204 Local Wellness Policy (LWP)

Implementation

Strengthen LWPs so they are more

useful in evaluating, establishing and

maintaining healthy school

environments

Policies to include

o Goals for nutrition, physical

activity and wellness

o Guidelines to promote health

and reduce obesity

o Inclusion of specified groups

SP 42-2011 issued

July 8, 2011

Five Year Technical

Assistance and

Guidance Plan

issued September

20, 2011

LWP

Implementation Tool

being finalized by

Penn State

University (Project

PA).

PDE will be issuing

guidance and

planning meetings

and trainings with

stakeholder groups.

Implementation

memo Spring 2011

Proposed Rule Fall

2012

Final Rule Fall 2013

205 Equity in School Lunch Pricing

Ensure that sufficient funds are

provided to the food service account

for paid meals

Compare average price of paid meal

to difference in federal

reimbursement for free and paid

lunches

For SY 2011-12 if average price of

paid meal is $2.46 or more, the

school is in compliance

If not in compliance, price must be

raised by 2% plus the inflation index

or add non-federal funds to the food

Fact Sheet March

2011

SP 39-2011 revised

October 24, 2011

Paid Lunch Equity

(PLE) Pricing Tool

on USDA website

PEARS Form

Download,

Reauthorization

Section

PDE will issue

memo and guidance

for 2012-13 school

year.

PDE will be

planning meetings

and trainings with

stakeholder groups.

Lunch prices are

already collected on

Effective July 1,

2011

Interim Rule issued

June 17, 2011

Full implementation

with revised

guidance for 2012-

13 SY

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Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

service account to compensate for the

difference

Price increases may be rounded down

to the nearest 5 cents and limited to

10 cents in one year

Beginning 2011-12 paid lunch prices

must be reported to the state agency

the Sponsor

Application.

Statewide Meal

Pricing Report

posted on PEARS

Form Download,

Resources Section

206 Revenue from Non-Program Foods

Sold in School

Ensure that sufficient funds are

provided to the food service account

for foods sold in school outside the

reimbursable meal when purchased

with funds from the food service

account

Revenue from these foods must meet

or exceed the cost of obtaining these

foods

If non-program food is purchased

through the nonprofit food service

account, all revenue must accrue back

to the account

SP 39-2011 revised

October 24, 2011

Interim Rule issued

June 17, 2011.

PDE is reviewing

USDA memo,

Guidance and

Interim Rule.

PDE will issue

memo and guidance

for 2012-13 school

year.

PDE will be

planning meetings

and trainings with

stakeholder groups.

Effective July 1,

2011

Interim Rule issued

June 17, 2011.

Full implementation

expected for 2012-

13 SY.

207 Reporting and Notification of School

Performance

Improve reporting practices and

increase transparency

Last year of 5 year

cycle: 2012-13 SY

First year of 3 year

cycle: 2013-14SY.

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Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

Consolidate CRE and SMI

monitoring

Changes review cycle from 5 year to

3 years

Schools must post final findings and

make available to the public

208 Nutrition Standards for All Foods Sold

in School

Establish science based nutrition

standards for all foods sold outside

the school meals program on the

school campus during the school day

Must be consistent with 2010 Dietary

Guidelines for Americans

Proposed Rule

expected early 2012

Final Rule due 1

year later

209 Information for the Public on the

School Nutrition Environment

Provide transparency to the public on

key areas that affect the nutrition

environment

o Food Safety

o Local Wellness Policies

o Meal Programs Participation

o Nutrition Quality of Program

Meals

o Other appropriate information

Food Safety/Health

Inspections must

already be posted

LWP

Implementation Tool

currently being pilot

tested in schools

throughout state by

Penn State (Project

PA)

PA Dept of Health is

pilot testing posting

Implementation

memo Spring 2011

Proposed Rule Fall

2012

Final Rule Fall 2013

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Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

of nutrition

information at point

of selection

210 Organic Food Pilot

Increase quantity of organic foods in

programs through competitive grants

Not funded

242 Procurement and Processing of Food

Service Products and Commodities

USDA must provide State Department of

Agriculture, Education, School Food

Authorities, and local processing entities

model product specification and practices

for food offered in school nutrition

programs to ensure foods reflect the most

recent Dietary Guidelines for Americans

To the maximum extent practical, USDA

Foods will purchase the widest variety of

healthful foods that reflect the most

recent Dietary Guidelines

USDA will conduct a study to analyze

the quantity and quality of nutritional

information available to school food

authorities about food service products

an commodities

Report to Congress and identify

recommendations designed to ensure this

information is easily attainable

Within 1 year-complete

study and submit report

to Congress

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Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

243 Farm to School

Competitive Grants for Farm to School

related activities

Grants are for training, supporting

operations, planning, purchasing

equipment, developing school gardens,

developing partnerships and

implementing Farm to School activities

Requires matching support from grantee

Must include evaluation component

Individual grants not to exceed $100,000

Request for Applications

expected Spring 2012

301 Privacy Protection

Removes requirement to collect

complete SSN on Household

Application. Only last 4 digits are

required for adult signing the

application

Removes the collection of SSN for

verification for all household

members

Implementation memo

SP19-2011 issued

February 15, 2011.

PEARS Form

Download,

Reauthorization Section

Effective October 1,

2010

Eligibility Guidance

Manual updated

302 Applicability of Food Safety Program

Applies food safety requirements

throughout the school campus where

program funds are stored, prepared, and

served.

SP 37-2011, issued May

18, 2011

PEARS Form

Download,

Reauthorization Section

Implementation

required for 2011-12

SY

303 Fines for Violating Program

Requirements

Proposed Rule

Spring 2012

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Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

Requires USDA to establish criteria and

set the amount of fines that may be

imposed upon State Agencies or School

Food Authorities for gross

mismanagement of any of the programs

authorized under the School Lunch Act

or Child Nutrition Act

Final Rule Spring

2013

304 Independent Review of Applications

Increase the accuracy of eligibility

determination in LEAs that

demonstrate high levels of

administrative errors

Must be conducted by someone other

than the confirming official

Annual reporting requirement of the

LEA subject to the independent

review to the State Agency

State Agency annually reports

independent review results to USDA

Implementation

memo Winter 2012

Proposed Rule

Winter 2012

Final Rule Winter

2013

305 Program Evaluation

Requires all organizations (State

Agencies, schools, child care institutions,

etc.) to cooperate with USDA and

contractors conducting evaluations and

research

USDA Memo SP

22-2011 issued

March 8, 2011.

Final Rule issued

June 29, 2011.

Posted on PEARS Form

Download,

Reauthorization Section

March 10, 2011.

Updated with Final Rule

August 2011

306 Professional Standards for School

Food Service

Committee being

formed.

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Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

Establish professional education and

training standards for certification of

food service directors and personnel, and

the criteria and selection of State

Directors

Proposed Rule Fall

2012

Final Rule Fall 2013

307 Indirect Costs

Requires USDA to issue guidance to

School Food Authorities pertaining to

rules for indirect costs

Requires USDA to study the extent

indirect costs are paid.

Provides USDA with authority to

issue regulations based on the results

of the study

USDA Memo SP 41-

2011 and Guidance

issued by USDA on July

7, 2011

PDE is reviewing

USDA memo and

guidance and will post

information, issue

guidance, and provide

trainings to stakeholders

upon clarification from

USDA.

Report to Congress

on results of the

study by October 1,

2013

308 Ensuring Safety of School Meals

Improve Hold and Recall procedures to

improve the timeliness of notifications to

School Food Authorities

No regulations will

be written

Revise guidelines on

responding to a food

recall

362 Disqualification

Prohibits any school, institution, or

individual that is terminated from one of

the Child Nutrition Programs and on a

list of disqualified institutions from

participating in or administering any of

Proposed Rule

Spring 2012

Final Rule Spring

2013

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Section

No.

Title

Overview of Provision

Action by USDA

Action by

PDE/DFN

Estimated Timeline

the Child Nutrition Programs.

443 NSLP Equipment Assistance Grants

Technical correction to existing

legislation that allows schools that did

not receive ARRA food service

equipment funding to receive FY 2010

Equipment Grants

USDA Memo SP 12-

2011 issued December

20, 2010

Awards provided and

funds expended.

Awards provided and

funds expended.

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Meal Pattern Chart- 5 Day Week (Modified to Include K-8) Final Rule Nutrition Standards in the National School Lunch and School Breakfast Programs – January 2012, Revised 2014

Breakfast Meal Pattern—5 day week Lunch Meal Pattern—5 day week

Grade K-5 K-8 6-8 9-12 K-5 K-8 6-8 a 9-12

Meal Pattern Amount of Fooda Per Week (Minimum Per Day)

Fruits (cups) b, c 5 (1) k 5 (1) k 5 (1) k 5 (1) k 2½ (½) 2½ (½) 2½ (½) 5 (1)

Vegetables (cups) b, c 0 0 0 0 3¾ (¾) 3¾ (¾) 3¾ (¾) 5 (1)

Dark green d 0 0 0 0 ½ ½ ½ ½

Red/ Orange d 0 0 0 0 ¾ ¾ ¾ 1¼

Beans/ Peas (Legumes) d 0 0 0 0 ½ ½ ½ ½

Starchy d 0 0 0 0 ½ ½ ½ ½

Other d, e 0 0 0 0 ½ ½ ½ ¾

Additional Veg to

Reach Total f

0 0 0 0 1 1 1 1½

Grains (oz. equivalent) l 7 (1) 8 (1) 8 (1) 9 (1) 8 (1) 8 (1) 8 (1) 10 (2)

Meats/Meat Alternates

(oz. equivalent)

0g 0g 0g 0g 8 (1) 9 (1) 9 (1) 10 (2)

Fluid milk (cups) h 5 (1) 5 (1) 5 (1) 5 (1) 5 (1) 5 (1) 5 (1) 5 (1)

Other Specifications: Daily Amount Based on the Average for a 5-Day Week

Min-max calories

(kcal) i, j

350-500 400-500 400-550 450-600 550-650 600-650 600-700 750-850

Saturated fat

(% of total calories) i, j

< 10 < 10 < 10 < 10 < 10 < 10 < 10 < 10

Daily Sodium Restrictions

(mg) j, m

< 540 <540 < 600 < 640 < 1230 <1230 < 1360 < 1420

Trans fat j Nutrition label or manufacturer specifications must indicate zero grams of trans fat per serving.

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a Food items included in each food group and subgroup and amount equivalents. Minimum creditable serving is ⅛ cup. b One quarter-cup of dried fruit counts as ½ cup of fruit; 1 cup of leafy greens counts as ½ cup of vegetables. No more than half of the fruit or vegetable offerings may be in the form of juice. All juice must be 100% full-strength. c For breakfast, vegetables may be substituted for fruits, but the first two cups per week of any such substitution must be from the

dark green, red/orange, beans and peas (legumes) or “Other vegetables” subgroups as defined in §210.10(c)(2)(iii). d Larger amounts of these vegetables may be served. e This category consists of “Other vegetables” as defined in §210.10(c)(2)(iii)(E). For the purposes of the NSLP, “Other vegetables” requirement may be met with any additional amounts from the dark green, red/orange, and beans/peas (legumes)

vegetable subgroups as defined in §210.10(c)(2)(iii). f Any vegetable subgroup may be offered to meet the total weekly vegetable requirement. g There is no separate meat/meat alternate component in the SBP. Schools may substitute 1 oz. eq. of meat/meat alternate for 1 oz. eq. of grains after the minimum daily grains requirement is met. h Fluid milk must be low-fat (1 percent milk fat or less, unflavored) or fat-free (unflavored or flavored). i The average daily amount of calories for a 5-day school week must be within the range (at least the minimum and no more than the maximum values). j Discretionary sources of calories (solid fats and added sugars) may be added to the meal pattern if within the specifications for calories, saturated fat, trans fat, and sodium. k The fruit quantity requirement for the SBP (5 cups/week and a minimum of 1 cup/day) is effective July 1, 2014 (SY 2014-

2015). l All grains must be whole grain-rich in both the NSLP and the SBP beginning July 1,2014 (SY 2014-15). m Beginning July 1, 2014 (SY 2014-2015), target I sodium levels take effect (see table). Intermediate sodium specifications are established for SY2017-2018. Final specifications are to be reached by SY 2022-2023 or July 1, 2022.