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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 Service Directors/Managers
From: 
Child Nutrition Program Administration
Date: 
Monday, June 6, 2022
Subject: 
Student Eligibility Carryover in the 2022-2023 School Year

This memorandum provides School Food Authorities (SFAs) participating in the federal Child Nutrition Programs with clarification regarding student eligibility carryover in the 2022-2023 School Year (SY).

Eligibility Carryover

Under Program regulations at 7 CFR 245.6(c)(2), eligibility from the preceding year must be used to determine eligibility for the first 30 operating days of the school year, or until a new eligibility determination is made in the current school year, whichever comes first. 7 CFR 245.2 defines an “operating day” as a day that reimbursable meals are offered to eligible students under the National School Lunch Program (NSLP) or School Breakfast Program (SBP).

Waiver allowance for SFAs that operated the Seamless Summer Option (SSO) in 2021-2022 SY

United States Department of Agriculture (USDA) approved the New Yor State Education Department’s (NYSED) waiver to allow SFAs that operated SSO during the 2021-2022 SY to carry over the most recent student eligibility information on file, as far back as SY 2019-2020, for up to the first 30 operating days in the 2022-2023 SY or until a new eligibility determination is made, whichever comes first. This waiver is effective for the carryover period during SY 2022-2023.

NYSED has granted the use of this waiver to all SFAs that operated SSO during the 2021-2022 SY. No further action is required at this time.

SFAs that operated the standard NSLP and/or SBP in 2021-2022 SY

SFAs that operated NSLP and/or SBP in the 2021-2022 SY are not eligible for the waiver and must use 2021-2022 SY eligibility for the first 30 operating days of the school year, or until a new eligibility determination is made in the 2022-2023 SY, whichever comes first.

Free and Reduced-Price Income Eligibility Resources

Guidance on processing and approving free and reduced-price income applications, including prototype application forms and letters, can be found on the Eligibility tab of the Child Nutrition Knowledge Center (CNKC).

Please contact your CN representative with any questions regarding this information.

USDA Nondiscrimination Statement

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

  1. mail:
    U.S. Department of Agriculture
    Office of the Assistant Secretary for Civil Rights
    1400 Independence Avenue, SW
    Washington, D.C. 20250-9410; or
  2. fax:
    (833) 256-1665 or (202) 690-7442; or
  3. email:
    Program.Intake@usda.gov

This institution is an equal opportunity provider.

Click here for Nondiscrimination Statement translations.

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