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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Office of P-20 Education Policy
Child Nutrition Program Administration
89 Washington Avenue, Room 375 EBA, Albany, NY 12234
Phone: (518) 473-8781 Fax: (518) 473-0018
To: 
School Food Authorities and Summer Food Service Program Sponsors
From: 
Child Nutrition Program Administration
Date: 
Thursday, April 2, 2020
Subject: 
Child Nutrition Program waivers available during the COVID-19 public health emergency

The New York State Education Department (NYSED) urges School Food Authorities and Summer Food Service Program Sponsors currently operating the Seamless Summer Option of the National School Lunch Program or the Summer Food Service Program, hereafter referred to as Program operators, to apply for any applicable temporary waiver established by the United States Department of Agriculture to support access to nutritious meals while minimizing potential exposure to the novel coronavirus (COVID–19).

Submit this online form to apply for the waivers listed below. You may apply for multiple waivers on the same form. NYSED must review and approve waivers prior to Program operator implementation.

 

Meal Pattern Waiver

Upon approval from NYSED, this waives the requirements that Program operators serve meals that meet specific meal pattern requirements as identified by the Program operator in its waiver application. 

Afterschool Activity in the Snack Program Waiver

Upon approval from NYSED, this waives the requirements to serve afterschool snacks in a structured and supervised environment with an educational or enrichment activity. Be advised that the maximum number of meals that Program operators may offer remains the same: up to two meals, or one meal and one snack, per child, per day, in any combination except lunch and supper.

Meal Service Time Waiver

Upon approval from NYSED, this waives the meal service time requirements established for both the Seamless Summer Option and the Summer Food Service Program.

Parent/Guardian Meal Pick-Up Waiver

Upon approval from NYSED, Program operators approved by NYSED for non-congregate meal distribution during COVID-19-related operations may distribute meals to a parent or guardian to take home to their children.

On-site Monitoring Requirements in the SFSP Waiver 

Upon approval from NYSED, this waives the SFSP on-site monitoring requirements.

Area Eligibility Waiver

Upon approval from NYSED, this waiver allows SFSP and SSO sponsors to operate open sites in areas approved by NYSED based on economic hardship, but that are not in designated area eligible locations.

 

NYSED will provide information regarding any additional flexibilities as they are made available. Please contact your Child Nutrition Program Representative, or email CNCOVID@nysed.gov if you have questions or concerns.

USDA Nondiscrimination Statement

In accordance with federal civil rights law and USDA civil rights regulations and policies, the USDA, its agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the state or local agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

  1. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410;
  2. Fax: (202) 690-7442; or
  3. Email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

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