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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 30, 2022
Subject: 
Keep Kids Fed Act of 2022

The Keep Kids Fed Act of 2022 (KKFA), which President Biden signed into law on June 25, 2022, provides additional support and resources to help Child Nutrition Program (CN) operators continue to serve healthy meals to children during this challenging time.

While KKFA does not extend the broader waiver authority or the resources that would allow USDA to extend the full range of flexibilities currently in place—most notably the ability to serve all meals for free—it is a critical step forward.

Specifically, KKFA makes the following changes:

  • Extends USDA’s authority to issue nationwide waivers that may increase Federal costs for summer meal programs through September 2022.  See below for the initial set of waivers released.
  • For school year (SY) 2022-23, provides temporary additional reimbursements of:
    • 40 cents per lunch served through the National School Lunch Program (NSLP); and
    • 15 cents per breakfast served through the School Breakfast Program (SBP).
  • Allows USDA to issue limited nationwide waivers that do not increase Federal costs during the SY 2022-23. 

Note that the annual adjustments to the reimbursement rates for NSLP and SBP will be published in July. The rate adjustment will be based on an increase of 7.4% from May 2021 to May 2022 in the Consumer Price Index for “food away from home." USDA announced the SFSP rates for CY 2022 in January.

KKFA Waivers

The following waivers will streamline access, enhance flexibility, and reduce administrative burden on operators, as well as program participants.

The Child Nutrition Office will be hosting a webinar on Friday, July 1, 2022 to discuss the Keep Kids Fed Act and associated waiver flexibilities. To register for the webinar, please go to: Child Nutrition | NYSED 

 

Additional USDA guidance is expected and will be communicated as it is received.

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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