THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Office of P-20 Education Policy
The New York State Education Department (SED) has requested the following waivers from USDA for regulations: 7 CFR 220.10(c), 220.8(c) and 225.16(d) which requires Summer Food Service Program (SFSP) Sponsors and School Food Authorities (SFA) operating the Seamless Summer Option (SSO) or the SFSP to follow specific meal pattern requirements for breakfast, lunch, snack and supper; SFSP [42 U.S.C. 1761(a)(1)(A)(i)(I)] that defines area eligibility as an area where at least 50% of the children have been determined eligible for free or reduced-price school meals; 7 CFR 210.8(a)(2) and 7 CFR 220.11(d(1) which requires SFAs with more than one school to conduct on-site reviews of the counting and claiming system and the readily observable general areas of review for breakfast and lunch; and 7 CFR 225.15(d)(2) and 7 CFR 225.15(d)(3) which requires sponsors operating the SFSP to visit each of their sites at least once during the first week of operation and shall review food service operations at each site at least once during the first four weeks of Program operations, and thereafter shall maintain a reasonable level of site monitoring.
Specifically, these waivers will allow SED, Child Nutrition Program Administration, to approve SFA and SFSP sponsors to provide meals utilizing meal pattern flexibility; allow approved SFSP or SSO sponsors to provide meals to all children at approved distribution locations, and eliminate the requirement to conduct on-site monitoring visits, through the SSO or SFSP during an unanticipated school closure or dismissal due to the COVID-19.
The waivers have not been approved at this time. Further guidance will be made available upon approval.