Non-Congregate Summer Meals
New legislation opens the door to connecting more rural children with the food they need to learn and grow.
The Consolidated Appropriations Act of 2023 permanently authorized a non-congregate summer meals option for rural communities without congregate service. This option became available in summer 2023 using temporary guidance, and as required by law, USDA issued an interim final rule in December 2023 laying out guidance for 2024 and beyond. Listed below are the top takeaways for program operators and highlight some key differences from 2023 guidance. Implementing non-congregate service is an exciting opportunity to expand the reach of summer meals and provide more children with much-needed nutrition during the summer months.
- Definition of "Rural": The "core" definition for 2024 is much more expansive than the previous regulatory definitions and 2023 guidance.
- Many of the national datasets used by states to help identify "rural pockets" in 2023 have now been incorporated into the "core" definition.
- See the updated USDA rural designation map and No Kid Hungry's Summer Eligibility Map for a visualization of the new "core" definition.
- States may still consider approving additional "rural pockets" beyond these areas as needed but will need approval from the relevant USDA FNS regional office.
- "No Congregate Service": The IFR does not offer many parameters beyond the 2023 guidance, leaving discretion to states to determine where children do not have access to congregate service, allowing non-congregate service. However, what is noted:
- Non-congregate service may complement limited congregate service: A non-congregate breakfast may be provided to take home following a congregate lunch if the site does not provide a congregate breakfast, or non-congregate meals may be provided for the weekend if a site only provides congregate meals on weekdays.
- Non-congregate service is permitted at a congregate site if it can be demonstrated to the satisfaction of the state agency that is serves a different group of children than the congregate service.
- Non-congregate and congregate service may not occur at the same time at the same site, even if different meals are being provided.
- Meal Service Options: Unlike summer 2023, states may not issue blanket statewide restrictions or bans on service options allowable under federal guidance. All states must follow the federal guidance as the default for sponsors in good standing but may limit or prohibit certain options on a case-by-case basis depending on sponsor/site capacity.
- Multi-day meal distribution: Sites may distribute unitized meals for up to ten calendar days at one time (e.g., ten breakfasts and ten lunches every ten days or every two weeks).
- Bulk meal distribution: For meals composed of bulk items (i.e., loaves of bread, packs of deli meat, bags of salad greens), sites may distribute meals for up to five calendar days at one time (e.g., five breakfasts and five lunches every five days or every week), but states have discretion to approve distribution of meals for up to 10 days at a time, such as in remote areas where weekly delivery is not possible.
- Parent/guardian pick-up: Meals may be distributed to a parent/guardian without the child present as long as the sponsor/site has a system to document, to a reasonable extent, that the adult has an eligible child and no duplicate meals are provided.
- The guardian does not need to be a legal guardian.
- Operators are not expected to request birth certificates or other legal proof of guardianship.
- Home Delivery: Home delivery was not included in the IFR as an option that states must allow with only case-by-case exceptions, but it is mentioned as a possible distribution method.
- Written consent from households is required prior to initiating home meal delivery.
- Non-profit sponsors may provide home delivery and do not need to do so through a Memorandum of Understanding (MOU) with the local school food authority.
- However, if the non-profit sponsor wishes to obtain school data to identify children, then an MOU must be in place.
- Conditional Sites: This is a new term for a site type that was permitted in 2023. At a conditional site, non-congregate service can occur in rural areas that do not meet the area eligibility threshold, but only meals served to eligible children can be claimed for reimbursement.
- To be eligible for reimbursement, children must individually meet the income eligibility guidelines as determined through application or school data.
- Meals may be served to children who do not meet the eligibility guidelines or do not have documentation on file by the end of the claim month, but the cost must be paid from non-program funds, or sites may charge for meals.
- Pre-approval and Site Visits:
- Sites that operated congregate service previously but are beginning non-congregate service must be considered new sites that require a pre-approval visit and a site visit within the first two weeks of operation.
- Sites that provided non-congregate service in 2023 are not considered new sites.
- Second Meals: Non-congregate sites may not claim reimbursement for second meals.
- This contrasts with the existing rule for congregate sites, which may claim reimbursement for serving a second meal to an eligible child up to 2 percent of eligible first meals, by type, per claiming period.
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Congregate Meal Service: New. Food service at which meals are provided to children are consumed on site in a supervised setting.
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Non-Congregate Meal Service: New. Food service at which meals are provided for children to consumer all components off-site. Must be operated at sites designated "rural" with no congregate meal service. (See updated definition for "rural" below.)
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Rural: Updated. USDA updated and expanded its definition to incorporate the classification schemes used to identify rural pockets for 2023 and provide additional discretion to the Department. Rural includes any area:
- In a county not part of a Metropolitan Statistical Area (MSA) based on the Office of Management and Budget (OMB) definition; or
- Classified as non-metropolitan based on Rural-Urban Continuum Codes (RUCC) and Urban Influence Codes (UIC); or
- In a census tract classified as non-metropolitan based on Rural-Urban Commuting Area (RUCA) codes; or
- In an MSA that is not part of a Census Bureau-defined urban area (this includes area considered rural under the NCES Locale Classifications); or
- Not part of an urban area within the State, as determined by the Secretary, or
- Considered a "pocket" within an MSA which, at the option of the State agency and with relevant USDA Food and Nutrition Service Regional Office (FNSRO) approval, is determined to be rural in character based on other data sources.
- Note: USDA has released an updated FNS Rural Designation Map to reflect the new, comprehensive framework. No Kid Hungry's Summer Eligibility Map has also been updated to reflect the new definition.
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Site: Updated. "The place where a child receives a Program meal." including "the indoor or outdoor location where congregate meals are served, a stop on a delivery route of a mobile congregate meal service, or the distribution location or route for a non-congregate meal service." For home delivery, a child's residence is not considered a non-congregate meal site for Program monitoring purposes.
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New Site: Updated. Clarifies that experience sites operating a non-congregate meal service for the first time are considered new for Program purposes.
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Conditional Non-Congregate Site: New definition. Site which qualifies for Program participation because it conducts non-congregate meal service for children eligible for free or reduced-price meals in an area that does not meet the definition of "areas in which poor economic conditions exists" and is not a camp.
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Site Supervisor: Updated definition. "The individual who has been trained by the sponsor and is responsible for all administrative and management activities at the site, including, but not limited to maintaining documentation of meal deliveries, ensuring that all meals served are safe, and maintaining accurate point of service meal counts. Except for non-congregate meal service sites using delivery services, the individual is on site for the duration of the food service."
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Operating Costs: Updated definition. Clarifies that costs to deliver non-congregate meals in rural areas under the Program are an allowable cost.
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Good Standing: New definition. "The status of a program operator that meets its Program responsibilities, is current with its financial obligations, and, if applicable, has fully implemented all corrective actions within the required period of time."