Utah Admin. Code R277-723-3 - Procedures for Waiver Requests
(1)
(a) An LEA board may request a waiver from
some or all of the requirements of Subsection
53G-9-205.1(2)
by filing a written request.
(b) A
written request under Subsection (1)(a) shall include:
(i) verification that the LEA board voted to
request the waiver in an open meeting;
(ii) the requirements as described in
Subsection
53G-9-205.1(2)
for which the LEA is seeking a waiver;
(iii) documentation demonstrating the
logistical or financial hardship resulting in the need for a waiver including:
(A) cost benefit analysis showing
reimbursement will not fully cover anticipated costs;
(B) facility capacity unable to support food
service needs;
(C) documentation
related to recommendations as outlined in Subsection
53G-9-205(1)(b);
or
(D) other data demonstrating
logistical or financial hardship;
(iv) possible solutions to mitigate the
future need for a waiver; and
(v)
alternative practices to ensure the LEA's free and reduced lunch student
population has the most access possible to nutrition programs during regular
school hours.
(2) An LEA shall submit a separate waiver for
each school within the LEA that the LEA seeks to exempt from the requirements
of Subsection
53G-9-205.1(2).
(3) An LEA that satisfies the requirements of
Subsection
53G-9-205.1(2)(d)(ii)
is exempt from needing to apply for a waiver.
(4) The Superintendent shall establish a
review committee that consists of three or more members from relevant
staff.
(5) The review committee
shall review a waiver request for approval or denial within 30 days of receipt
of the waiver request.
(6) If the
review committee denies an LEA's waiver request, an LEA may appeal to the Board
in writing within 10 calendar days of notice of denial.
(7) A waiver granted under R277-723 expires
at the end of the school year for which the waiver was granted.
(8) An LEA may create an implementation plan
as part of the LEA's efforts to mitigate the need for a future
waiver.
(9) The Superintendent may
provide additional supports and resources to an LEA for the purposes of
creating an implementation plan.
(10) An LEA may implement alternative
breakfast service models before the LEA's waiver has expired.
Notes
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