Provision 1, 2 and 3

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Special Assistance: Provision 1, 2, and 3

In an effect to reduce paperwork at the local level Congress enacted three special assistance alternatives, more commonly known as “Provisions” for the National School Lunch and School Breakfast Programs. Approval prior to implementation of the provisions must be obtained from Nutrition Services.

Provision 1

This Provision reduces application burdens by allowing free eligibility to be certified for a 2 year period. In schools where at least 80 percent of the children enrolled are eligible for free or reduced meals, annual notification of program availability and certification of children eligible for free meals may be reduced to once every 2 consecutive school years. All other households must be provided a meal application and are allowed to apply for meal benefits each school year. There is no requirement to serve meals at no charge to all students. Schools must continue to record daily meal counts of the number of meals served to children by type as the basis of calculating reimbursement claims.

Provision 2

This Provision reduces application burden and simplifies meal counting and claiming procedures. It allows schools to establish claiming percentages and to serve all meals at no charge for a 4 year period (base year plus three non-base years). It can be used for breakfast, lunch, or both meals. During the first year, or base year, the school makes eligibility determinations and takes meal counts by type. During the next three years, the school makes no new eligibility determinations and counts only the total number of reimbursable meals served each day. Reimbursement during these years is determined by applying the percentages of free, reduced price and paid meals served during the corresponding month of the base year to the total meal count for the claiming month. Schools participating in this alternative must pay the difference between the Federal reimbursement and the cost of providing all meals at no charge. The money to pay for this difference must be from sources other than Federal funds. At the end of each 4 year period, Nutrition Services may approve another 4 year extension if the income level of the school’s population remains stable or declines.

Provision 3

This Provision reduces application burdens and meal counting and claiming procedures. It allows schools to receive the same level of Federal reimbursement and commodity assistance each year, with some adjustments for a 4 year period. Schools must serve meals to all participating children at no charge for a period of 4 years. These schools do not make additional eligibility determinations. Instead, they receive the level of Federal reimbursement and commodity assistance paid to them the last year in which they made eligibility determinations and meal counts by type, this is the base year. For each of the 4 years, the level of Federal reimbursement and commodity assistance is adjusted to reflect changes in enrollment and inflation. The base year is not included as part of the 4 years. Schools participating in this alternative must pay the difference between the Federal reimbursement and the cost of providing all meals at no charge. The money to pay for this difference must be from sources other than Federal funds. At the end of each 4 year period, Nutrition Services may approve another 4 year extension if the income level of the school’s population remains stable or declines.

Questions and Answers – Provision 1, 2, 3

Guidance Memorandums

SP 37-2008 30 – Day Carryover and Delayed Implementation for Provision 2

SP 04-23 Free and Reduced Price Special Assistance Provision 2 & 3: Expanding Provision 2 & 3 District-wide

SP 01-02 School Meal Applications and Direct Certification During the Operation of Provision 2 and 3

SP 99-02 Special Assistance Certification and Reimbursement Alternative Provision 3: Two New Options

SP 99-04 Numbers of Free and Reduced Price Eligible Children for Title I Purposed in Provision 2 and 3 Schools

SP 99-26 Record Retention Requirements for Schools Implementing Special Assistance Certification and Reimbursement Alternative – Provision 2 and Provision 3

SP 95-08 Extension of Provision 2 Procedures in Schools

SP 94-61 Free and Reduced Price Eligibility–Special Certification, Provision 2

Updated February 2, 2023 5:07pm