(a)Eligibility. (1)Public school districts in which 50% [ 60%] or more of the enrolled children are eligible to receive free meal benefits in the National School Lunch Program (NSLP) must operate a Summer Nutrition Program directly, arrange for another school food authority (SFA) to operate a Summer Nutrition Program in their district, or arrange with another entity for the operation of the Summer Food Service Program (SFSP) in their districts for at least 30 calendar days during the summer recess unless they receive a waiver from the department, in accordance with this section [ directly or arrange for the operation of the SFSP in their districts according to the Human Resources Code, §33.024]. (2)The department will notify school districts required by this section to operate a Summer Nutrition Program of this obligation no later than October 31 of each year preceding the summer season in question. (3)A school district notified under paragraph (2) of this subsection must inform TDA in writing, no later than January 31 of each year, whether it intends to: (A)directly provide a Summer Nutrition Program to students in its district; (B)arrange for another SFA to operate a Summer Nutrition Program in their district or arrange with another entity for the operation of the SFSP in their district; or (C)request a waiver from the department. (b)Documentation required by the department. (1)A school district that arranges for the provision of a Summer Nutrition Program must enter into an agreement to partner or collaborate with a local governmental entity, educational institution, or private non-profit organization to ensure meal service for children in the school district's attendance area. (2)School districts required to provide a Summer Nutrition Program under this section that choose to arrange for the operation of the program in their districts must provide TDA with written documentation of the arrangement with another entity to provide SFSP in their district no later than April 1 of each year. (c)Requesting a waiver. No later than November 30 of each year, the board of trustees of a public school district wishing to obtain a waiver must inform, in writing, the school district's local school health advisory council that it intends to request a waiver from the department. The school district must then communicate with the department in writing, no later than January 31, of their intent to operate a Summer Nutrition Program, arrange for another SFA to operate a Summer Nutrition Program in their district, or arrange with another entity for the operation of the SFSP in their districts, or their intent to request a waiver. (d)Awarding of waivers to public schools otherwise required to operate the program. The department may grant a waiver of the requirement to provide a Summer Nutrition Program or arrange for the provision of the SFSP only if the district provides verifiable documentation that such waiver is warranted. Waivers are for one year only. (e)Verifiable documentation that a public school must show in order to be considered for a waiver. (1)Documentation showing that there are fewer than 100 children in the district currently eligible to receive meals under the National School Lunch Program; or (2)Documentation showing that transportation to enable district students to participate in the program is an insurmountable obstacle to the district's ability to provide or arrange for the provision of the program despite consultation by the district with public transit providers; or (3)Documentation that the district is unable to provide or arrange for the provision of a program due to renovation or construction of district facilities and the unavailability of an appropriate alternate provider or site; or (4)Documentation that the district is unable to provide the program due to another extenuating circumstance, and that there is not an appropriate alternate site or provider available; or (5)Documentation that the district has worked with department field offices to identify another possible provider for the program in the district; or (6)Documentation that the cost to the district to provide or arrange for the program would be cost-prohibitive, as provided in subsection (f) of this section. (f)Criteria and methodology considered by the department to determine if operating the program is cost-prohibitive for a district. (1)A school district's operation of a Summer Nutrition Program will be deemed cost-prohibitive if the projected operational expenses for the summer nutrition program are greater than the sum of the expected federal reimbursements plus one month of the school food services' allowable three months operating expenses on hand. (2)To demonstrate that operation of a Summer Nutrition Program is cost-prohibitive, a school district must provide: (A)projected Summer Nutrition Program budget for program year: (i)based on number of expected participants; and (ii)including specific cost items to support possible determination of cost-prohibitive nature of program operation; (B)expected reimbursement amount, based on either: (i)previous year's program participation; or (ii)interest survey data taken since start of current school year; (C)documents supporting the calculation of the food service department's three months operating expense balance, including: (i)current fund balance; (ii)current year's total operating expense; and (iii)available cash on hand; (D)financial statement which indicates child nutrition net cash resources are below two months net cash reserves; and (E)written explanation of efforts made to attempt partnership with another SFA to operate a Summer Nutrition Program in their district or arrange for another entity for SFSP operation, including: (i)contacting local field operations office; and (ii)two or more other entities to discuss potential partnership.
This agency hereby certifies that
the proposal has been reviewed by legal counsel and found to be within
the agency's legal authority to adopt.
Filed with the Office
of the Secretary of State on September 19, 2011
TRD-201103841 Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: October 30, 2011
For further information, please call: (512) 463-4075
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