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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 USDA civil rights regulations and policies, the USDA, its agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the state or local agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

  1. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410;
  2. Fax: (202) 690-7442; or
  3. Email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

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