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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

Summer Food Service Program Sponsors
Child Nutrition Program Administration
Friday, February 11, 2022
Public Notice: NYSED Seeks Waivers for Rescinded Program Policies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(SED) has submitted waiver requests to the United States Department of Agriculture Food and Nutrition Service for rescinded policy waivers as issued in SFSP 01-2019, Summer Food Service Program Memoranda Rescission, October 11, 2018.

The goal of these waivers is to reinstate the rescinded flexibilities and policies to allow for efficient and cost-effective Summer Food Service Program (SFSP) management and reduce the administrative burden for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 sends e-mail) 

USDA Nondiscrimination Statement

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at:, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

  1. mail:
    U.S. Department of Agriculture
    Office of the Assistant Secretary for Civil Rights
    1400 Independence Avenue, SW
    Washington, D.C. 20250-9410; or
  2. fax:
    (833) 256-1665 or (202) 690-7442; or
  3. email:

This institution is an equal opportunity provider.

Click here for Nondiscrimination Statement translations.