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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 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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