(a) Eligibility.
  (1) Public school districts in which 50% or more of the enrolled children are eligible to receive free meal benefits in the National School Lunch Program (NSLP) must sponsor a Summer Nutrition Program, either the Seamless Summer Option (SSO) or Summer Food Service Program (SFSP), directly at school and/or non-school sites, arrange for another school food authority (SFA) to sponsor a Summer Nutrition Program in their district at school and/or non-school sites, or arrange with another entity to sponsor the SFSP in its district at school and/or non-school sites, for at least 30 calendar days during the summer recess unless they receive a waiver from TDA, in accordance with this section. A sponsor of a Summer Nutrition Program accepts final financial and administrative responsibility for its sites.
  (2) TDA will notify school districts required by this section to sponsor or arrange for the provision of a Summer Nutrition Program of this obligation no later than October 31 of each year preceding the applicable summer season.
  (3) A school district notified under paragraph (2) of this subsection must inform TDA in writing, no later than January 31 of each year, whether it intends to:
    (A) directly sponsor a Summer Nutrition Program in its district;
    (B) arrange for another SFA to sponsor a Summer Nutrition Program in its district or arrange for another entity to sponsor the SFSP in its district; or
    (C) request a waiver from TDA.
(b) Documentation required by TDA.
  (1) A school district that arranges for the provision of a Summer Nutrition Program must enter into an agreement to partner or collaborate with a local governmental entity, educational institution, or private non-profit organization to ensure meal service for children in the school district's attendance area, as provided in subsection (a)(1) of this section.
  (2) School districts required to provide a Summer Nutrition Program under this section that choose to arrange for the provision of a Summer Nutrition Program in its districts must provide TDA with written documentation of the arrangement with another entity to sponsor a Summer Nutrition Program in its district no later than April 1 of each year.
(c) Requesting a waiver. No later than November 30 of each year, the board of trustees of a public school district wishing to obtain a waiver must inform, in writing, the school district's local school health advisory council that it intends to request a waiver from TDA. The school district must then communicate to TDA in writing, no later than January 31, of their intent to sponsor a Summer Nutrition Program, arrange for another SFA to sponsor a Summer Nutrition Program in its districts, arrange for another entity to sponsor the SFSP in its districts, or their its to request a waiver.
(d) Awarding of waivers to public school districts otherwise required to sponsor or arrange for the provision of a Summer Nutrition Program. TDA may grant a waiver of the requirement to sponsor a Summer Nutrition Program or arrange for the provision of a Summer Nutrition Program only if the district provides verifiable documentation that such waiver is warranted. Waivers are valid for one year only. To be eligible for a waiver, a school district must provide either form of documentation detailed in paragraph (1) or (2) of this subsection:
  (1) Verifiable documentation showing the district has worked with TDA to identify another possible sponsor for a Summer Nutrition Program in the district, in addition to verifiable information showing that:
    (A) there are fewer than 100 children in the district currently eligible to receive free or reduced-price meals under the National School Lunch Program; or
    (B) transportation to enable district students to participate in the program is an insurmountable obstacle to the district's ability to provide or arrange for the provision of the program despite consultation by the district with public transit providers; or
    (C) the district is unable to sponsor or arrange for the provision of a Summer Nutrition Program due to renovation or construction of district facilities and the unavailability of an appropriate alternate sponsor or site; or
    (D) the district is unable to sponsor a Summer Nutrition Program due to another extenuating circumstance, and that there is not an appropriate alternate site or sponsor available.
  (2) Verifiable documentation showing the cost to the district to sponsor or arrange for the provision of a Summer Nutrition Program would be cost-prohibitive, as provided in subsection (e) of this section.
(e) Criteria and methodology considered by TDA to determine if sponsoring the program is cost-prohibitive for a district.
  (1) A school district's sponsorship of a Summer Nutrition Program will be deemed cost-prohibitive if the projected operational expenses for a Summer Nutrition Program are greater than the sum of the expected federal reimbursements plus one month of the school food services' allowable three months operating expenses on hand.
  (2) To demonstrate that sponsorship of a Summer Nutrition Program is cost-prohibitive, a school district must provide:
    (A) the projected Summer Nutrition Program budget for the program year:
      (i) based on number of expected participants; and
      (ii) include the specific cost items to support possible determination of cost-prohibitive nature of program operation;
    (B) expected reimbursement amount, based on either:
      (i) previous year's program participation; or
      (ii) interest survey data taken since the start of the current school year;
    (C) documents supporting the calculation of the food service department's three months operating expense balance, including:
      (i) current fund balance;
      (ii) current year's total operating expense; and
      (iii) available cash on hand;
    (D) financial statement which indicates child nutrition net cash resources are below two months net cash reserves; and
    (E) written explanation of efforts made to attempt partnership with another SFA to sponsor a Summer Nutrition Program in its district, or efforts made to attempt partnership with another entity to sponsor the SFSP, including:
      (i) contacting TDA; and
      (ii) contacting two or more other entities to discuss potential partnership.

Source Note: The provisions of this §25.601 adopted to be effective December 6, 2015, 40 TexReg 8631