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School Breakfast Program

22-23 School Breakfast Program Exemptions

 **IMPORTANT NOTICE - NEW SUMISSION PROCESS**

As required by Section 389 of Chapter 57 of the Laws of 1993 and Chapters 614 and 615 of the New York State (NYS) Laws of 1993, certain public schools must implement a School Breakfast Program (SBP) or seek an exemption annually. The Breakfast Exemption submission deadline has been extended to September 1, 2022, for the 2022-23 School Year.

Breakfast After the Bell

All public elementary or secondary schools with at least seventy percent or more of its students eligible for free or reduced-price meals under the federal National School Lunch Program are required to offer all students a school breakfast after the instructional day has begun, “Breakfast After the Bell”. The schools meeting 70 percent free and reduced price is determined annually by the New York State Education Department (NYSED) based upon data submitted through the basic educational data system (BEDS) for the prior school year.

Waivers Available for the 2022-2023 SY

Waivers Available for the 2022-2023 SY

The New York State Education Department has received State-level waiver authority from the United States Department of Agriculture (USDA) to approve the following flexibilities that School Food Authorities (SFA) may need to respond and recover from the COVID 19 pandemic during the 2022-2023 school year. These flexibilities should be used only for the duration and extent that they are needed. All waivers will expire on June 30, 2023.

Waiver Notice: Summer of 2022 and the 2022-23 SY

**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)

Supply Chain Assistance Funds

The New York State Education Department (NYSED) will distribute $59,455,807 in Supply Chain Assistance Funds (SCA) directly to eligible School Food Authorities (SFAs) to address supply chain disruptions brought on by the pandemic and support the purchase of food for school meals. These funds are made available through USDA’s Commodity Credit Corporation.

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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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