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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: 
Summer Food Service Program Operators
From: 
Child Nutrition Program Administration
Date: 
Wednesday, April 16, 2025
Subject: 
Public Notice: NYSED Seeks Waivers for 2025 SFSP/SSO

The New York State Education Department (NYSED) has requested a waiver from the requirements in 42 USC 1761(f)(7), and 7 CFR 225.16(f)(1)(ii) to allow non-school food authority sponsors of the Summer Food Service Program (SFSP) and the Seamless Summer Option (SSO) to implement Offer versus Serve meals.

The New York State Education Department (NYSED) has requested a waiver from the requirements in 42 USC 1761(a)(1)(D), and 7 CFR 225.6(i)(15) to allow SFSP and SSO sponsors in good standing, that normally operate outdoor meal services at sites without a temperature-controlled alternative, to provide a non-congregate meal service on days when the area experiences excessive heat as defined by the National Weather Service as a Heat Advisory or Excessive Heat Warning.

The New York State Education Department (NYSED) has requested a waiver from the requirements in 42 USC 1761(a)(1)(D), and 7 CFR 225.6(i)(15) to allow SFSP and SSO sponsors in good standing, that normally operate outdoor meal services at sites without an alternative indoor location, to provide a non-congregate meal service on days when the area experiences an air quality value of 201 or above as defined by the United States Environmental Protection Agency's Air Quality Index (AQI).

These waivers have not been approved at this time. Further guidance will be made available upon approval.

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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