COVID-19 and the Continued Growth of Federal Waivers

Thanks to the COVID-19 pandemic and the massive increase in the use of Zoom and other video conferencing software, we’re witnessing a lot fewer hand-shakers and a lot more “wavers.” The pandemic also has sparked an increase in “waivers” as well, as several agencies in the last few weeks have released documents discussing waivers to regulations under federal grant programs.

For example, the Department of Health and Human Services’ Administration for Children and Families (ACF) this month issued guidance to states, territories and tribes for requesting waivers and waiver renewals due to “extraordinary circumstances” under the Child Care and Development Block Grant (CCDBG) due to COVID-19. The waivers allow for extensions to various compliance deadlines. ACF recommended that CCDBG recipients communicate with their ACF regional office to discuss questions and timeframes about these waiver flexibilities.

ACF explained that the waiver requests for extraordinary circumstances must contain the following information: (1) the reason why the lead agency is requesting the waiver, including a description of the extraordinary circumstances; (2) sufficient detail on the provision(s) from which the lead agency is seeking temporary relief and how relief from the sanction or the provision, by itself, will improve the delivery of child care services for children and families; (3) certification and description of how the health, safety and well-being of children served through the Child Care Development Fund will not be compromised as a result of the waiver; and (4) preferred start date (which may be retroactive to the time the extraordinary circumstances occurred) and the duration of the waiver.

In addition, the Food and Nutrition Service within the U.S. Department of Agriculture (FNS) recently released information about updated waivers on child nutrition programs. This includes a nationwide waiver to allow state agencies to reimburse Summer Food Service Program (SFSP) sponsors for meals served prior to the sponsor receiving written notification that the sponsor or site has been approved for participation in the program. FNS also waived the requirement for state agencies to conduct pre-approval visits of SFSP sponsors and sites. The agency issued a Q&A explaining more about these waivers.

Further, FNS provided a nationwide waiver through Dec. 31 for the Child and Adult Care Food Program (CACFP) At-Risk Afterschool Care Component.

Also this month, the Department of Education (ED) sent a letter to state educational agencies (SEAs) discussing the waiver authority to extend the period of availability for Individuals with Disabilities Education Act (IDEA) Part C funds for federal fiscal year 2018. Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (Pub. L. 116-136), ED may consider waivers for such extensions to state lead agencies that are also SEAs, but may not consider waivers from state lead agencies that are not SEAs.

The disruptions created by COVID-19 have been innumerable and continue to affect our daily lives. This post only touches on the surface of the waiver discussion for federal grant programs. Expect to see more over time.

Join us for our following Federal Grants Forum:
Virtual Federal Grants Forum | October 7-9, 2020
Revised Uniform Guidance Town Hall | October 29, 2020