TECHNICAL ASSISTANCE NOTE
No. 2005-28
Contact: Irene Wimbush
School Business Services
FOOD AND NUTRITION MANAGEMENT
(850)
245-9334
John L. Winn, Commissioner
SC 205-9334
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DATE:
March 25, 2005
TO:
District School Food Service Directors
FROM:
Diane Santoro, Administrator
SUBJECT:
Waiver Requests for Serving Exemptions to the Lunch Period
The Florida Department of Education’s goal of “Highest Student Achievement” is one of the top
priorities of Food and Nutrition Management. This technical assistance note supercedes others
issued on this topic. The Code of Federal Regulations, 7 CFR 210.10(f)(1), states that schools must
offer lunches between 10:00 a.m. and 2:00 p.m., unless otherwise exempted by the State agency.
Local education agencies may request an exemption from these stated serving times from Food and
Nutrition Management (FNM).
In order to receive an approved meal time exemption waiver, FNM must be able to determine that the
circumstances stated in the request meet one of the following standards:
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Standard 1: FNM may grant reasonable variances from the meal service requirements to
accommodate special circumstances encountered in schools operating for traditional students
at traditional times. For example, if a school has a legitimate need to extend the lunch service
hours to 2:30 p.m. due to capacity concerns or because of extended school hours, such a
waiver would be considered a special circumstance.
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Standard 2: FNM may also grant a waiver from the meal service requirements if the school in
question operates for traditional students, but at a non-traditional time. FNM will approve
waivers contingent upon the understanding that (a) these alternative programs provide
students of high school or lower grade an opportunity to obtain the minimum requirements
needed for graduation at a non-traditional time, and (b) it is not possible to serve lunch at a
more traditional time. For example, some work study programs allow high school students to
work in the morning or afternoon hours and attend high school classes in the late
afternoon/evening.
TAN 2005-28
March 25, 2005
Page 2
Program sponsors must provide the following information when requesting a meal time exemption
waiver:
1.
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A written statement indicating the reason(s) for requesting a waiver (e.g., overcrowding, early
release).
2.
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The specific date(s) that the waiver would be in effect.
3.
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The specific school(s) requesting the waiver.
4.
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The time that each school day begins and ends.
5.
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The proposed beginning and ending time of the lunch meal service. If breakfast is served at
the same site, provide the beginning and ending time for the breakfast meal as well.
A meal time exemption waiver request should be submitted at least two weeks prior to the date the
approval is desired. The requested change should not be implemented until written approval is
received from FNM.
Effective upon issuance of this technical assistance note, meal time exemptions will be approved for
the current school year only. If another waiver is required subsequent to the current school year, an
additional request must be submitted.
If you have questions, please contact Irene Wimbush at (800) 504-6609 or Irene.Wimbush@fldoe.org.
DS/IW/set
