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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, May 26, 2022
Subject: 
Waiver Notice: Summer of 2022 and the 2022-2023 School Year
**The original memo was released on May 5, 2022.  Updates below are noted by the asterisks (**).
 
The New York State Education Department has requested State-level waiver authority from the United States Department of Agriculture (USDA) to approve the following operational flexibilities that may be needed to respond and recover from the COVID 19 pandemic during the Summer of 2022 and the 2022-2023 school year. Once authorized, SED will provide guidance to operators on requesting and using the waivers.

Summer Food Service Program (SFSP)

The waivers in this section apply to SFSP for summer 2022. Flexibilities under the waivers in this section will only be implemented by Program operators when congregate meal service is limited by the COVID-19 pandemic. 
  • Waiver 1: Non-Congregate Meal Service during Summer 2022 [42 U.S.C. 1753(b)(1)(A), 42 U.S.C. 1761(a)(1)(D), and 7 CFR 225.6(e)(15)]
  • Waiver 2: Parent/Guardian Meal Pickup during Summer 2022 [42 U.S.C. 1761(f)(3), 7 CFR 225.2, and 7 CFR 225.9(d)(7)] 

National School Lunch Program (NSLP) and School Breakfast Program (SBP)

The following waivers are intended to provide needed flexibility to support school food authorities (SFAs). Flexibilities under the waivers in this section will only be implemented by Program operators when congregate meal service is limited by the COVID-19 pandemic. 
  • Waiver 3: Non-Congregate Meal Service [42 U.S.C. 1753(b)(1)(A) and 42 U.S.C. 1773(b)(1)(A)]
  • Waiver 4: Parent/Guardian Meal Pickup [7 CFR 210.10(a), 220.2 (Breakfast), and 220.8(a)]
  • Waiver 5: Meal Service Times [7 CFR 210.10(l) and 220.8(l)]
  • Waiver 6: Offer Versus Serve [42 U.S.C. 1758(a)(3) and 7 CFR 210.10(e)]

School Year Administration (NSLP/SBP/SFSP)

The following waivers allow State and local Program operators to overcome administrative challenges resulting from COVID-19 and to appropriately allocate their limited staffing resources to ensure safe service of meals to children as they respond to and recover from the COVID-19 pandemic. Program operators will only use these flexibilities for the duration and extent that they are needed. 
  • Waiver 7: Local School Wellness Policy Triennial Assessment [42 U.S.C. 1758b(b) and 7 CFR 210.31(e)(2)]
  • Waiver 8: Food Service Management Company (FSMC) contract duration [7 CFR 210.16(d), 7 CFR 225.16(h)(7)]
  • Waiver 9: Administrative Review Onsite Requirements [7 CFR 210.18]
    • Onsite Requirement for SFA Onsite Reviews by February 1 [7 CFR 210.8(a)(1) and 220.11(d)(1)] 
    • Onsite Requirement for Afterschool Care Reviews [7 CFR 210.9(c)(7)]
    • Onsite Requirement for Periodic On-site Visits when Utilizing an FSMC [7 CFR 210.16(a)(3) and 220.7(d)(1)(iii)] 

Reporting Requirements (NSLP)

The following waivers allow State and local Program operators to appropriately allocate their limited staffing resources to meal service to best ensure safe service of meals to children as they respond to and recover from the COVID-19 pandemic. 
  • Waiver 10: FNS-874 Second (Independent) Review of Applications [42 U.S.C. 1796(c)(b)(6)(E)(iii) and 7 CFR 245.11(b)(2)]
  • Waiver 11: FNS-640 Administrative Review Data Report [42 U.S.C. 1769c(b)(1)(c)(iv) and 7 CFR 210.18(n)]

Special Milk Program (SMP)

The following waivers are intended to provide needed flexibility to support schools and institutions in continuing to offer milk. Flexibilities under the waivers in this section will only be implemented by Program operators when congregate milk service is limited by the COVID-19 pandemic. 
  • Waiver 12: Non-Congregate Milk Service [42 U.S.C. 1772(a)(1) and 7 CFR 215.1]
  • Waiver 13: Parent/Guardian Milk Pickup [42 U.S.C. 1772(a)(7), 7 CFR 215.7(d)(2)(i), and 7 CFR 215.13a(a)]

Fresh Fruit and Vegetable Program (FFVP)

The following waivers are intended to provide needed flexibility to support schools in continuing to participate in the FFVP. Flexibilities under the waivers in this section will only be implemented by Program operators when the FFVP elementary school is closed for in-person instruction and congregate meal service is limited by the COVID-19 pandemic. 
  • Waiver 14: Parent/Guardian FFVP Pickup [42 U.S.C. 1769a]
  • Waiver 15: Alternate Site [42 U.S.C. 1769a(a)]

Unanticipated School Closures

The waivers in this section apply to SFSP and SSO during unanticipated school closures. Flexibilities under these waivers will only be implemented by Program operators when congregate meal service is limited by the COVID-19 pandemic. 
  • Waiver 16: Non-Congregate Meal Service during Unanticipated School Closures in SY 2022-23 [42 U.S.C. 1753(b)(1)(A), 42 U.S.C. 1761(a)(1)(D), and 7 CFR 225.6(e)(15)] 
  • Waiver 17: Parent and Guardian Meal Pick-Up during Unanticipated School Closures (SFSP/SSO) [42 U.S.C. 1761(f)(3) and 7 CFR 210.10(a), 220.2 (Breakfast), 220.8(a), 225.2, and 225.9(d)(7)]
  • Waiver 18: Meal Service Times for Unanticipated School Closures in SY 2022-23 [7 CFR 225.16(c)(1) and 225.16(c)(2)] 
  • Waiver 19: Meals at School Sites for Unanticipated School Closures in SY 2022-23 [42 U.S.C. 1761(c)(1) and 7 CFR 225.6(d)(1)(iv)] 

**Additional Flexibilities (NSLP/SBP)

The following waivers provide needed flexibility and allow State and local Program operators to overcome challenges resulting from COVID-19. Program operators will only use these flexibilities for the duration and extent that they are needed.

  • Waiver 25: Paid Lunch Equity [42 U.S.C. 1760(p)(2) and 7 CFR 210.14(e)]
  • Waiver 26: Use of Prior Year Eligibility Determinations for School Year 2022-2023 Carryover [42 U.S.C. 1758(b)(C) and 7 CFR 245.6(c)(2)]

**Additional Flexibilities (SFSP)

SED seeks to waive the following SFSP Sponsor requirements:  

  • Required site visits/reviews are conducted onsite [7 CFR 225.15(d)
  • Review food service operations at each site at least once during the first four weeks of operation [7 CFR 225.15(d)(3)]

SED seeks to waive the following State Agency SFSP Monitoring requirements: 

  • Pre-approval visits are conducted onsite  [7 CFR 225.7(d)(1)]
  • Required reviews are conducted on-site [7 CFR 225.7(d)(2)(ii)]
  • Conduct reviews of at least 10 percent of each sponsor’s sites or one site, if that’s greater [7 CFR 225.7(d)(2)(ii)(E)]

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/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.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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