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USDA/FNS

RIN: 0584-AD51

Publication ID: Spring 2009

Title: District-Wide Use of Provisions 2 and 3
Abstract: Currently, schools may choose to use "Provision 2" or "Provision 3" to reduce application burdens and simplify meal counting and claiming procedures. Provision 2 allows schools to establish claiming percentages and to serve all meals at no charge for a 4-year period. Provision 3 allows schools to simply receive the same level of Federal cash and commodity assistance each year, with some adjustments, for a 4-year period. Both provisions are used by schools with significant percentages of children eligible for free and reduced-price school meals. Schools serve all meals at no cost to the child but continue to be reimbursed at the rate determined in the year that the actual number of free and reduced price eligible children was determined. In response to Public Law 108-265, which amended the Richard B. Russell National School Lunch Act, 7 CFR 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, will be revised to allow school districts to use "Provision 2" or "Provision 3" on a district-wide basis as well as on a school basis. (04-009)
Agency: Department of Agriculture(USDA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 7 CFR 245
Legal Authority: PL 108-265

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	08/00/2009
Interim Final Rule Effective	09/00/2009
Interim Final Rule Comment Period End	10/00/2009
Final Action	07/00/2010

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Local, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: James F Herbert Regulatory Review Specialist Department of Agriculture Food and Nutrition Service 3101 Park Center Drive, Alexandria, VA 22302 Phone:703 305-2572 Email: james.herbert@fns.usda.gov