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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: 
Paula Tyner-Doyle, Coordinator; Meg McNiff, Coordinator Office of Early Learning
Date: 
Thursday, October 10, 2013
Subject: 
Half Day Pre-K/Kindergarten Scheduled Meal Service

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We have received many questions regarding whether or not students that are in half day Pre-K or Kindergarten must have access to meals during their scheduled classroom instruction.

Schools that are participating in the National School Lunch Program (NSLP) and/or School Breakfast Program(SBP) must follow Federal Regulations Parts 210 and 220 which state “in general, school food authorities must make program benefits available during meal service periods to all children attending participating schools…While a school may have legitimate problems accommodating all students within a given time or space, it is improper to arbitrarily deny a certain segment of the student body access to the lunch program. However, there is no requirement to provide lunch to partial day students (e.g. pre-school, kindergarten, half day high school students) who are not scheduled to be in school during lunch hours”.

Therefore, if you are participating in the NSLP and/or SBP, all students that are present during scheduled breakfast or lunch periods must have access to the SBP or NSLP. For more information on participation in the NSLP and/or SBP please contact a child nutrition representative at 518-473-8781 or at www.cn.nysed.gov.

If you are not participating in the NSLP and/or SBP and are operating a State-funded prekindergarten program, you must provide meals and/or snacks in accordance with the provisions of Section 151-1(3)(c) of the Regulations of the Commissioner of Education. This section provides that prekindergarten programs that operate for less than three hours must provide a nutritional meal and/or snack. Programs operating more than three hours must provide appropriate meals and snacks to ensure that the nutritional needs of the children are met.

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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