| (a) Eligibility.
(1) Public school districts in which 50% or more of
the enrolled children are eligible to receive free meal benefits in
the National School Lunch Program (NSLP) must sponsor a Summer Nutrition
Program, either the Seamless Summer Option (SSO) or Summer Food Service
Program (SFSP), directly at school and/or non-school sites, arrange
for another school food authority (SFA) to sponsor a Summer Nutrition
Program in their district at school and/or non-school sites, or arrange
with another entity to sponsor the SFSP in its district at school
and/or non-school sites, for at least 30 calendar days during the
summer recess unless they receive a waiver from TDA, in accordance
with this section. A sponsor of a Summer Nutrition Program accepts
final financial and administrative responsibility for its sites.
(2) TDA will notify school districts required by this
section to sponsor or arrange for the provision of a Summer Nutrition
Program of this obligation no later than October 31 of each year preceding
the applicable summer season.
(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 sponsor a Summer Nutrition Program in
its district;
(B) arrange for another SFA to sponsor a Summer Nutrition
Program in its district or arrange for another entity to sponsor the
SFSP in its district; or
(C) request a waiver from TDA.
(b) Documentation required by TDA.
(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, as provided in subsection
(a)(1) of this section.
(2) School districts required to provide a Summer Nutrition
Program under this section that choose to arrange for the provision
of a Summer Nutrition Program in its districts must provide TDA with
written documentation of the arrangement with another entity to sponsor
a Summer Nutrition Program in its 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 TDA. The school district must then communicate to TDA
in writing, no later than January 31, of their intent to sponsor a
Summer Nutrition Program, arrange for another SFA to sponsor a Summer
Nutrition Program in its districts, arrange for another entity to
sponsor the SFSP in its districts, or their its to request a waiver.
(d) Awarding of waivers to public school districts
otherwise required to sponsor or arrange for the provision of a Summer
Nutrition Program. TDA may grant a waiver of the requirement to sponsor
a Summer Nutrition Program or arrange for the provision of a Summer
Nutrition Program only if the district provides verifiable documentation
that such waiver is warranted. Waivers are valid for one year only.
To be eligible for a waiver, a school district must provide either
form of documentation detailed in paragraph (1) or (2) of this subsection:
(1) Verifiable documentation showing the district has
worked with TDA to identify another possible sponsor for a Summer
Nutrition Program in the district, in addition to verifiable information
showing that:
(A) there are fewer than 100 children in the district
currently eligible to receive free or reduced-price meals under the
National School Lunch Program; or
(B) 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
(C) the district is unable to sponsor or arrange for
the provision of a Summer Nutrition Program due to renovation or construction
of district facilities and the unavailability of an appropriate alternate
sponsor or site; or
(D) the district is unable to sponsor a Summer Nutrition
Program due to another extenuating circumstance, and that there is
not an appropriate alternate site or sponsor available.
(2) Verifiable documentation showing the cost to the
district to sponsor or arrange for the provision of a Summer Nutrition
Program would be cost-prohibitive, as provided in subsection (e) of
this section.
(e) Criteria and methodology considered by TDA to determine
if sponsoring the program is cost-prohibitive for a district.
(1) A school district's sponsorship of a Summer Nutrition
Program will be deemed cost-prohibitive if the projected operational
expenses for a 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 sponsorship of a Summer Nutrition
Program is cost-prohibitive, a school district must provide:
(A) the projected Summer Nutrition Program budget for
the program year:
(i) based on number of expected participants; and
(ii) include the 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 the start of
the 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 sponsor a Summer Nutrition Program
in its district, or efforts made to attempt partnership with another
entity to sponsor the SFSP, including:
(i) contacting TDA; and
(ii) contacting two or more other entities to discuss
potential partnership.
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