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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 Sponsors
From: 
Child Nutrition Program Administration
Date: 
Friday, February 11, 2022
Subject: 
Public Notice: NYSED Seeks Waivers for Rescinded Program Policies

The New York State Education Department (SED) has submitted waiver requests to the United States Department of Agriculture Food and Nutrition Service for rescinded policy waivers as issued in SFSP 01-2019, Summer Food Service Program Memoranda Rescission, October 11, 2018.

The goal of these waivers is to reinstate the rescinded flexibilities and policies to allow for efficient and cost-effective Summer Food Service Program (SFSP) management and reduce the administrative burden for sponsoring organizations and SED staff. The following waivers have been submitted for consideration:

  • Offer versus Serve- to allow sponsors to utilize OVS using the SFSP Meal Pattern.
  • Meal time restrictions- waives the requirements for meal service time duration and the minimum amount of time that must elapse between meals.
  • Closed enrolled sites- waives the requirement for sponsors to use income eligibility applications to determine site eligibility in the Summer Food Service Program (SFSP).
  • First week visits- waives the requirement for sponsors to conduct first-week site visits.

Information regarding the approval or denial of these waiver requests will be posted here and will be provided to all sponsors via email once determinations have been made.

For more information, please contact the SED Summer Food Service Program Unit at cnsfsp@nysed.gov(link sends e-mail) 

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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