PURPOSE: Senate Bill 449, the Hunger Relief Act, outlines provisions for participation in the United States Department of Agriculture’s Summer Food Service Program as authorized under 42 U.S.C. 1761 by eligible service institutions. Eligible service institutions include public nonprofit school food authorities. This rule describes the process by which public nonprofit school food authorities may obtain a waiver excusing them from participating in the Summer Food Service Program.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) The Summer Food Service Program is authorized by 42 U.S.C. section 1761, which is hereby incorporated by reference and made a part of this rule as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401- 0001, as published in August 2021. A copy of this regulation can also be obtained from the Department of Elementary and Secondary Education, Division of Financial and Administrative Services, Food and Nutrition Services Section, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at h t t p s : / / d e s e. m o . g ov / g ove r n m e n t a l - affairs/dese-administrative-rules/incorporated-reference-materials. This rule does not include any later amendments or additions.

2. (2) Summer Food Service Participation Waiver.

   1. (A) A public school district may receive a waiver from participating in the Summer Food Service Program from the Department of Elementary and Secondary Education (department). The board of education of the school district seeking a waiver must adopt by majority vote a resolution requesting a waiver from participating in the Summer Food Service Program.
   2. (B) A written request for a waiver shall be filed with the department and shall contain the name of the school district, a statement indicating the board of education’s reason(s) for the waiver, the date of the board action, the effective date of the waiver, and the signature of the board president, board secretary, or superintendent.
   3. (C) A request for a waiver may be submitted at any time during the year but should be submitted before the end of the school year. Following department approval of a waiver, it will be valid for a period of three (3) years. At the end of that time, the request process must be repeated. A board of education may rescind a waiver at any time.
   4. (D) Documentation of the waiver must be kept on file at the school district office and made available for review by interested individuals.

AUTHORITY: sections 161.092 and 191.810, RSMo 2016.* Original rule filed Dec. 21, 1992, effective Aug. 9, 1993. Amended: Filed Aug. 19, 2021, effective March 30, 2022.

*Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 191.810, RSMo 1992.