Question: We received word that the federal meal waiver that was passed during the pandemic is going to end. Is this true?
Answer: Yes, the federal meal waiver will end on June 30 this year.
Congress failed to pass an extension to the waiver in a recent spending bill or provide money to fund it. The meal waiver was used by 90 percent of schools in the US. The lack of an extension has raised concerns about students being fed amidst the rising cost of food and supply chain issues.
Meals as Federal Financial Assistance (FFA)?
However, the ending of the “free meals for all” Covid relief program may be coming at a good time for private schools. Recent discussions in Washington D.C. are revealing there is growing sentiment that the Covid-related meal waiver program and the routine Free and Reduced Lunch Program constitute “federal financial assistance” (FFA).
Schools that accept FFA are subject to legal and civil rights compliance in all the new ways being identified by secular culture, such as non-traditional values around sexual orientation and gender identity. In addition, requirements for expensive renovations on old buildings to enhance handicap accessibility could be triggered.
This new emerging interpretation is the result of the millions of dollars in Covid Relief funds that private schools have been granted through ESSER and EANS. The issue is not night and day. The trigger is ubiquitous in all federal programs, regardless of the administration or federal agency that sponsors it, because anti-discrimination language is being routinely and non-controversially inserted into laws and rules across the federal government.
While these nationwide conversations have not resulted in any litigation or agency rule changes, state CAPE organizations like WCRIS are urging schools to exercise caution and consider if participating in the programs are a greater benefit than the risks of being found a recipient of FFA. The answer will be different for every school.
Schools should consult with their attorney for guidance. Some directions also may be available from your jurisdiction (diocese, synod, ACSI, CSI, etc.), as well. WCRIS is monitoring this issue closely and will keep you informed of any developments via Current Events.
