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State Discretion Information

Federal Regulation, Guidance or Memo

​7 CFR 210.30​ Professional Standards Regulations​

7 CFR 210.30(b)(1)(iv) Exceptions to H​iring​

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State Discretion
​​The hiring standards indicate that the State Agency has discretion on the definition of "equivalent educational experience allowed for new school nutrition directors when candidate's bachelors degree is not in one of the listed fields.

ODE CNP Determination - a bachelor's degree in education with an Oregon Professional Administrator License will be considered "equivalent educational experience"


For LEA's with less than 500 students, the state agency may approve the hiring of a nutrition director that has less than the required foodservice experience provided that they meet the minimum education requirements for the "Student Enrollment 2,499 or less" enrollment category.
ODE CNP Determination - ODE will allow an LEA, with less than 500 students, to hire a Nutrition Director who has less than the required foodservice experience as long as they meet the minimum education requirements for the "Student Enrollment 2,499 or less" enrollment category.

On an individual basis, the state agency has discretion to consider documented volunteer or unpaid food service work as relevant experience for new school nutrition program directors in LEAs with 2,499 or fewer students.
ODE CNP Determination - ODE will allow LEAs with 2,499 students or fewer to consider documented volunteer or unpaid food service work as relevant experience when making hiring decisions.

Allows State agencies the discretion to approve the hiring of a nutrition director in an LEA with 2,500 students or more, who has 10+ years of experience in school nutrition programs, but who does not hold a bachelor's or associate's degree. Must have a high school diploma or GED.
ODE CNP Determination - ODE will allow medium LEAs (2,500-9,999 students) and large LEAs (10,000+ students), to hire a nutrition director with a high school diploma or GED and 10+ years of school nutrition programs experience. 
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Date
8/6/2024
Programs Affected

N​SLP, SBP

Federal Regulation, Guidance or Memo

CACFP 05-2024 - Implementation Guidance: State Agency Review Requirements​

State Discretion

​The Final Integrity Rule includes requirements related to the frequency and number of reviews for State Agencies monitoring the CACFP, new additional CACFP Monitoring Requirements include

  • Review on a 2-year cycle, institutions that conduct activities other than those expressly related to the administration and delivery of CACFP. 
  • Review on a 2-year cycle, institutions that had prior reviews that detected serious management problems. 
  • Review on a 2-year cycl​e, institutions that are at risk of serious management problems. 

State agencies must establish a monitoring schedule that ensures that the types of institutions listed above are monitored on a 2-yearreview cycle and document their policies and procedures for implementation of these provisions.

ODE CNP ​Determination - The following two-step process will be used when determining the review cycle for a CACFP sponsor in good standing:

  • Step 1: Does the CACFP sponsor also operate the federal School Nutrition Programs (NSLP, SBP, SSO) and/or the Summer Food Service Program --> If yes, then the sponsor is placed on the traditional three-year review cycle; if no, then proceed to Step 2.

  • Step 2: Does the CACFP sponsor operate for the purpose of providing childcare (e.g. Employment Related Day Care (ERDC), Oregon Pre-K (OPK), Preschool Promise, or Head Start --> If yes, then sponsor is placed on the traditional three-year cycle; if no, then sponsor is placed on a two-year review cycle.

Multi-State Sponsors

Additional steps for evaluating large, multi-state sponsors to determine the organization's review cycle: 

Multi-State Org Step: ODE CNP will confer with other state agencies where the organization sponsors the CACFP to ensure that cross-state criteria align, to the greatest extent practicable

Risk Assessment Reviews

The state agency will reserve the right to conduct risk assessments to determine a sponsor's potential for non-compliance with federal regulations and requirements for maintaining a viable, accountable and capable program and place them on 2-year cycle if high risk is determined.


Date
8/20/2024
Programs Affected

​CACFP

Federal Regulation, Guidance or Memo

7 CFR 210.18(l)(2)​

State Discretion
Meal Pattern Repeat Findings: State Discretion is allowed to determine fiscal action for the following repeat NSLP meal pattern findings:
  • If the meals contain insufficient quantities of the required food components, the affected meals may be disallowed and reclaimed; 
  •  If no whole grain-rich foods are offered during the week of review, meals for up to the entire week of review may be disallowed and reclaimed; 
  • If insufficient whole grain-rich foods are offered during the week of review, meals for up to the entire week of review may be disallowed and reclaimed. 
  •  If an unallowable milk type is offered, or no milk variety is offered, the deficient meals may be disallowed and reclaimed. 
  • If one vegetable subgroup is not offered over the course of the week of review, meals for up to the entire week of review may be disallowed and reclaimed. 
  • If a weekly vegetable subgroup is offered in insufficient quantity to meet the weekly vegetable subgroup requirement, meals for one day of the week of review may be disallowed and reclaimed. 
  • If the amount of juice offered exceeds the weekly limitation, meals for up to the entire week of review may be disallowed and/or reclaimed. 

ODE CNP Determination: Fiscal action will not be assessed for repeat violations, as listed above, of the NSLP meal pattern. Findings would require corrective action and technical assistance. ODE CNP will continue to issue fiscal action for missing meal components.

Dietary Specification Repeat Findings: State Discretion is allowed to determine fiscal action for the following repeat NSLP ​dietary specification findings:

  • If the average meal offered over the course of the week of review does not meet one of the dietary specifications, meals for the entire week of review may be disallowed and reclaimed; and

  • Fiscal action is limited to the school selected for the targeted menu review and must be supported by a nutrient analysis of the meals at issue using USDA approved software.

 

ODE CNP Determination: Fiscal action will not be assessed for repeat violations, as listed above, of the NSLP dietary specifications.​

Date
10/29/2024
Programs Affected

​NSLP​