Official Seal of the California Department of Education

CDE Application

School Year 2022–23 School Nutrition Program
Waiver Elections

Nutrition Services Division

The California Department of Education (CDE) Nutrition Services Division (NSD) received approval from the U.S. Department of Agriculture (USDA) for a number of state-specific and nationwide waivers providing needed meal service and administrative flexibilities for School Year (SY) 2022–23 operations of the:
  • National School Lunch Program (NSLP)
  • School Breakfast Program (SBP)
  • Sprecial Milk Program (SMP)
  • Fresh Fruit and Vegetable Program (FFVP)
  • Seamless Summer Option (SSO)*
  • Summer Food Service Program (SFSP)*
    *Note that waivers for SSO and SFSP apply only during unanticipated school closures.
    While you may opt into these waivers at any time during the 2022–23 SY, the CDE recommends that School Nutrition Program (SNP) Operators proactively complete the application as soon as possible. You do not need to be experiencing an unanticipated school closure to opt in to those waivers, you may proactively secure these flexibilities so that they are available in the event that you need them. Additionally, you may also update your SY 2022–23 waiver selections by submitting additional applications as needed.
    This application contains only SY 2022–23 waiver flexibilities. To opt in to waiver flexibilities for Summer 2022, visit the Summer 2022 Child Nutrition Programs Waiver Elections web page.
    COVID-19 Limited Use Waivers
    The USDA approved the state waivers for noncongregate meals, parent pick up, meal service times, and offer versus serve to support access to nutritious meals when SNP Operators are faced with meal service disruptions and challenges due COVID-19.

    As a result, these state waivers may only be used when a Program Operator’s
     meal service is limited by the COVID-19 pandemic. Limitations can include, but are not limited to the following:
    • School or site closure due to COVID-19
    • Classroom quarantine due to COVID-19
    • Student illness or quarantine due to COVID-19
    • Staff shortages due to COVID-19 illness or quarantine
    • Mandate or recommendation from national, state, or local governing body not to congregate due to COVID-19
    • Service to groups where the majority are unvaccinated (For example, immune compromised groups)
    • Documented delays in obtaining supplies and equipment due to COVID-19 that prevents the ability to provide congregate meal service
      Documentation & Reporting Requirements
      All SNP Operators opting in to any waiver must complete the online waiver election application and participate in the mandatory reporting, anticipated to occur at the conclusion of SNP meal service.

      At minimum, SNP Operators will be required to report a description of how each waiver impacted meal service operations at participating sites, whether the waivers resulted in improved services to children and how the waivers reduced administrative burden, especially the quantity of paperwork, as applicable.
      SNP Operators must also maintain documentation of the direct impact of COVID-19 on congregate meal service and the duration that the noncongregate, parent pick up, offer versus serve, and meal service time flexibilities were used.

      Finally, SNP Operators are reminded that an Integrity Plan must be in place when the Parent or Guardian pick up waiver is used and that all operators should document meal service controls and procedures to prevent duplicate meals.

      School Year 2022–23 Waiver Elections Application

      You are required to answer all questions in this application. This application must be completed and submitted online.
      For assistance with completing this application, or questions about the use of the waivers due to impact of COVID-19, please contact your agency’s assigned specialist or email:  
       Select any SNP you plan to operate during School Year 2022–23. (Select at least one and all that apply.)