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DATE: | December 1, 2023 | |
MEMO CODE: | SP 03-2024 | |
SUBJECT: | Child Nutrition Program Integrity Final Rule: Administrative Review and Food Service Management Company Review Cycles | |
TO: | Regional Directors Child Nutrition Programs All Regions | State Directors Child Nutrition Programs All States |
This memorandum provides additional information regarding the 5-year review cycle provisions that were codified in the Child Nutrition Program Integrity final rule published on Aug. 23, 2023. These provisions have a compliance date of July 1, 2024, and provide states with an option to implement a 5-year School Meal Programs Administrative Review (AR) review cycle and the option to also align the Food Service Management Company (FSMC) review with the AR review cycle. The final rule amends 7 CFR 210.18(c) to allow state agencies to implement a 5-year AR review cycle, while targeting additional oversight to those school food authorities (SFAs) most in need of assistance. The final rule also amends 7 CFR 210.19(a)(5) to align the FSMC review with the 5-year AR review cycle.
The option for a 5-year AR review cycle is intended to ease the administrative burden for state agencies and SFAs while maintaining integrity in the programs by allowing state agencies to focus their efforts on high-risk SFAs. State agencies that choose a review cycle longer than 3 years are required to identify high-risk SFAs and provide additional oversight to these SFAs.
State agencies must conduct a targeted follow-up review of any SFA designated as high-risk within 2 years of the initial Administrative Review. State agencies that review SFAs on a longer than 3-year review cycle must develop a plan for Food and Nutrition Service (FNS) approval, describing the criteria that will be used to designate high-risk SFAs that are subject to targeted follow-up reviews.
State agencies will be required to re-submit a new plan only when the plan changes. A plan must be resubmitted if high-risk criteria, targeted review content or procedure, or frequency of reviews are changed. FNS will provide additional guidance on the state plan submission process and intends to gather feedback on these provisions during the implementation process.
The final rule allows state agencies to conduct the FSMC review on a 5-year cycle and to align the FSMC review cycle with the AR review cycle. Similar to the AR, state agencies may choose a shorter FSMC review cycle at their discretion.
State agencies that have current AR Cycle waivers pursuant to the waiver authority in Section 12(l) of the Richard B. Russell National School Lunch Act will be required to meet the updated requirements of 7 CFR 210.18(c) following the expiration of their current waivers. Effective July 1, 2024, states will not need to submit a waiver to increase their review cycle to a 4 or 5- year cycle and instead will implement the regulations that were updated through the Child Nutrition Program Integrity final rule.
State agencies are reminded to distribute this memorandum to program operators immediately. Program operators should direct any questions concerning this guidance to their respective state agency. State agencies with questions should contact the appropriate FNS regional office.
Sincerely,
Jessica Saracino
Director
Program Monitoring and Operational Support Division
Child Nutrition Programs