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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: 
Superintendents, School Business Officials, Executive Directors, and School Food Service Directors/Managers
From: 
Paula Tyner-Doyle, Coordinator
Date: 
Thursday, May 1, 2014
Subject: 
Eligibility of Minors Participating in the National School Lunch Program and School Breakfast in Correctional Facilities with Amendment of Correction Law

The New York State Correctional Law §500-b was amended on March 31, 2014 to change the minimum age classification in local correctional facilities in order to make NYS Correction Law consistent with the Prison Rape Elimination Act (PREA). Inmates under the age of eighteen must be separately housed from those inmates eighteen years of age and older.

As a reminder, correctional facilities are eligible to participate in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) in accordance with federal regulation 7 CFR 210.2 and Food and Nutrition Service (FNS) Instruction 776-7 if residing minors are located in a distinct part of the facility such as a separate wing or area. Minors are defined as those under 21 years of age.

While our office welcomes the participation of correctional facilities in the NSLP and SBP, housing minors separately to comply with the amended Correction Law and the Child Nutrition Program regulations may be a hardship for facilities that do not have adequate space. Facilities must comply with federal regulations and only claim reimbursement for breakfasts and lunches served to minors who are housed separately from the adult population which has been a policy since May 1999.

If you have questions regarding this memo, please contact your Child Nutrition Program representative at 518-473-8781. 

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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