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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

School Food Authorities and Summer Food Service Program Sponsors
Child Nutrition Program Administration
Thursday, April 2, 2020
Child Nutrition Program waivers available during the COVID-19 public health emergency

The New York State Education Department (NYSED) urges School Food Authorities and Summer Food Service Program Sponsors currently operating the Seamless Summer Option of the National School Lunch Program or the Summer Food Service Program, hereafter referred to as Program operators, to apply for any applicable temporary waiver established by the United States Department of Agriculture to support access to nutritious meals while minimizing potential exposure to the novel coronavirus (COVID–19).

Submit this online form to apply for the waivers listed below. You may apply for multiple waivers on the same form. NYSED must review and approve waivers prior to Program operator implementation.


Meal Pattern Waiver

Upon approval from NYSED, this waives the requirements that Program operators serve meals that meet specific meal pattern requirements as identified by the Program operator in its waiver application. 

Afterschool Activity in the Snack Program Waiver

Upon approval from NYSED, this waives the requirements to serve afterschool snacks in a structured and supervised environment with an educational or enrichment activity. Be advised that the maximum number of meals that Program operators may offer remains the same: up to two meals, or one meal and one snack, per child, per day, in any combination except lunch and supper.

Meal Service Time Waiver

Upon approval from NYSED, this waives the meal service time requirements established for both the Seamless Summer Option and the Summer Food Service Program.

Parent/Guardian Meal Pick-Up Waiver

Upon approval from NYSED, Program operators approved by NYSED for non-congregate meal distribution during COVID-19-related operations may distribute meals to a parent or guardian to take home to their children.

On-site Monitoring Requirements in the SFSP Waiver 

Upon approval from NYSED, this waives the SFSP on-site monitoring requirements.

Area Eligibility Waiver

Upon approval from NYSED, this waiver allows SFSP and SSO sponsors to operate open sites in areas approved by NYSED based on economic hardship, but that are not in designated area eligible locations.


NYSED will provide information regarding any additional flexibilities as they are made available. Please contact your Child Nutrition Program Representative, or email if you have questions or concerns.

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:, 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:

This institution is an equal opportunity provider.

Click here for Nondiscrimination Statement translations.