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Waiver for Non-congregate Meals During Ramadan


To promote nutrition security and health equity and to ensure children have access to the nutrition they need, the U.S. Department of Agriculture (USDA) approved the California Department of Education’s (CDE) waiver request to allow school food authorities (SFA) to offer non-congregate meals to students fasting during Ramadan.

SFAs must request pre-approval from the CDE to use meal service flexibilities for students who are observing Ramadan by completing and submitting the online California Waiver for Non-congregate Meals During Ramadan Opt-in Survey.

The waivers in this section apply to the National School Lunch Program (NSLP) and School Breakfast Program (SBP) when serving meals to students who are fasting during Ramadan. SFAs requesting approval to use these flexibilities may only do so during local Ramadan observances. To maintain program integrity, SFAs must ensure that meals are distributed only to children in attendance at the school on the day non-congregate meals are offered, and that duplicate meals are not distributed to any child. In addition, participation in the school nutrition programs (SNP) is at an eligible student’s discretion; therefore, SFAs may not deny a meal or snack to a child that is thought to be fasting during Ramadan.

Note: These waivers are effective February 24, 2025, through the end of Ramadan, or approximately April 11, 2025.

The specific requirements the CDE has the authority to waive during Ramadan are outlined below:

Non-congregate Meal Service (NSLP and SBP)

Under the National School Lunch Act (NSLA), 42 United States Code (U.S.C.) 1753(b)(1)(A), and the Child Nutrition Act, 42 U.S.C. 1773(b)(1)(A), NSLP and SBP meals must be served in a congregate setting and must be consumed by participants on site.

The USDA has authorized the CDE to approve waivers on a case-by-case basis for the aforementioned requirements to serve meals through the NSLP and SBP in a congregate setting to students who attend school and are fasting during Ramadan.

Meal Service Times (NSLP and SBP)

Under program regulations at Title 7, Code of Federal Regulations (7 CFR) 210.10(l) and 7 CFR 220.8(l), meals served in the NSLP and SBP must follow meal service time requirements.

The USDA has authorized the CDE to approve waivers on a case-by-case basis for the aforementioned requirements that set mealtime parameters for school lunches and breakfasts served to students who attend school and are fasting during Ramadan.

Offer Versus Serve (NSLP)

Under the NSLA, 42 U.S.C. 1758(a)(3), and program regulations at 7 CFR 210.10(e), program operators of senior high schools must participate in offer versus serve at lunch.

The USDA has allowed the CDE to approve on a case-by-case basis flexibilities to the requirements to serve school lunches to senior high school students who attend school and are fasting during Ramadan using offer versus serve.

Contact Information

If you have any questions or need assistance regarding applying for the California Ramadan Waiver, please contact your SNP Specialist. A current list of SNP Specialists is available on the SNP Specialist Directory web page. You may also email SNPInfo@cde.ca.gov.

 

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Tuesday, January 14, 2025
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