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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: 
Thursday, June 8, 2023
Subject: 
Breakfast After the Bell in School Year 2023-2024
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.

The list of schools required to offer Breakfast After the Bell in the 2023-2024 school year can be found in Excel or PDF.

Each public school required to implement Breakfast After the Bell will determine the breakfast service delivery model that best suits its students.  Service delivery models may include, but are not limited to, breakfast in the classroom, grab and go breakfast, and second chance breakfast, which would include breakfast served in the cafeteria.  Time spent by students consuming breakfast may be considered instructional time when instruction is being provided while students are consuming breakfast.  In determining a service delivery model, schools will consult with teachers, parents, students and members of the community.

Schools subject to this requirement are required to notify students, parents and guardians that the school will be offering breakfast to all students after the instructional day has begun.

Schools may apply annually for a waiver from providing Breakfast After the Bell by demonstrating:
  1. A lack of need for Breakfast After the Bell because of a successful existing breakfast program; or
  2. The implementation of Breakfast After the Bell would cause economic hardship for the school.

Complete the request form found here to request a waiver for the 2023-2024 school year.

All schools participating in the School Breakfast Program will be required to provide information on breakfast service delivery methods, by site, during the Child Nutrition Program Annual Renewal Process.  This information will be used to publish a report at the conclusion of the 2023-2024 school year on the success of Breakfast After the Bell and will also include all schools participating in the School Breakfast Program.  This report will be published by December 1, 2024.

Please contact your Child Nutrition Program representative if you have any questions

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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