The Healthy Hunger-Free Kids Act of 2010 (HHFKA) requires the United States Department of Agriculture (USDA) to provide an alternative to household eligibility applications for free and reduced price meal eligibility in high poverty local educational agencies (LEAs). This meal counting and claiming alternative is referred to as the Community Eligibility Provision (CEP) and is available to all LEAs that have eligible sites.
The Department of Elementary and Secondary Education (DESE) Office for Food and Nutrition Programs (FNP) is required to collect information on the number of Identified Students that are either directly certified or categorically eligible for free school meals related to enrollment (Identified Student Percentage, ISP). A school or group of schools are eligible for CEP if this number is at least 25 percent of enrollment. [7 CFR 245.9(f)(6)(i)].
LEAs with schools eligible for CEP and not yet participating are required to apply for SY 2025-2026 per Section 1C (a)(1) of Chapter 69 of the Massachusetts General Laws (MGL). CEP participation maximizes federal revenue and offsets state spending for universal free school meals. Districts with schools required to apply for CEP will be notified by DESE.
Under Sections 11(a)(1)(F)(iii)(I) and 11(a)(1)(F)(v)(I) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1759a, LEAs must calculate the CEP identified student percentage (ISP) using data as of April 1.
Please submit this information through the DESE Security Portal "CEP Identified Student Percentage (APR Report)", located in the Compliance Packet, on or before April 15, 2025 [7 CFR 245.9(f)(5)(i)-(iii)]. Step by step guidance for completing the April Report can be found at the John C. Stalker Institute of Food and Nutrition: Completing the April Report (panopto.com) .
Under Section 11(a)(1)(F)(x)(IV) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1759a, LEAs must submit to the State agency lists of schools that:
Regulations at 7 CFR 245.9(f)(5) also require that LEAs submit the required lists to the State agency annually by April 15. The "near eligible" threshold of 15 percent means that all LEAs will be required to complete the April Report for FY 2025 and must provide ISPs for all schools in the LEA. Residential Child Care Institutions (RCCIs) are exempt from this requirement.
Participating LEAs and schools with ISPs of at least 15 percent but less than 25 percent as of April 1 in Year 4 of the 4-year cycle may continue participating in CEP for one grace year (a fifth year). Reimbursement for schools in a grace year is based on the ISP as of April 1 in year 4 of the current 4-year cycle. LEAs or schools that reach the required 25 percent threshold as of April 1 of the grace year would be eligible to begin a new 4-year cycle in the following school year. LEAs or schools that do not meet the threshold as of April 1 of the grace year would be required to return to standard counting and claiming or elect another Special Provision option, and must collect school meal applications, in the following school year.
FNS regulations further require at 7 CFR 245.9(f)(3)(i) and 7 CFR 245.9(f)(4)(i) that LEAs intending to elect CEP or conduct a grace year in the following year must submit to the State agency counts of identified and enrolled students as of April 1 of the prior school year (SY).
Section 11(a)(1)(F)(x)(I) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1759a, requires that LEAs that intend to elect CEP in the following school year notify the State agency and submit ISP documentation by June 30. This requirement is codified in FNS regulations at 7 CFR 245.9(f)(4)(i).
April 15th: FNP Office Hours2:00–3:00Register
April 22nd: FNP Special Topics: CEP 2:00–3:00Register
For further guidance, please refer to the Community Eligibility Provision sections of the Document and Reference Library of the DESE Security Portal or call 781-338-6480 and ask to speak with your DESE Consultant in the School Nutrition Programs Section. Recorded trainings on the Community Eligibility Provision and Provision 2 can be found at the John C. Stalker Institute of Food and Nutrition Nuts and Bolts of School Nutrition Programs Continuation Series: N&B Continuation Series - John C. Stalker Institute of Food and Nutrition (johnstalkerinstitute.org) .
Any further questions can be addressed to nutrition@doe.mass.edu or 781-338-6480.