THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Office of P-20 Education Policy
This memorandum provides School Food Authorities (SFAs) participating in the federal Child Nutrition Programs with clarification regarding student eligibility carryover in the 2022-2023 School Year (SY).
Under Program regulations at 7 CFR 245.6(c)(2), eligibility from the preceding year must be used to determine eligibility for the first 30 operating days of the school year, or until a new eligibility determination is made in the current school year, whichever comes first. 7 CFR 245.2 defines an “operating day” as a day that reimbursable meals are offered to eligible students under the National School Lunch Program (NSLP) or School Breakfast Program (SBP).
Waiver allowance for SFAs that operated the Seamless Summer Option (SSO) in 2021-2022 SY
United States Department of Agriculture (USDA) approved the New Yor State Education Department’s (NYSED) waiver to allow SFAs that operated SSO during the 2021-2022 SY to carry over the most recent student eligibility information on file, as far back as SY 2019-2020, for up to the first 30 operating days in the 2022-2023 SY or until a new eligibility determination is made, whichever comes first. This waiver is effective for the carryover period during SY 2022-2023.
NYSED has granted the use of this waiver to all SFAs that operated SSO during the 2021-2022 SY. No further action is required at this time.
SFAs that operated the standard NSLP and/or SBP in 2021-2022 SY
SFAs that operated NSLP and/or SBP in the 2021-2022 SY are not eligible for the waiver and must use 2021-2022 SY eligibility for the first 30 operating days of the school year, or until a new eligibility determination is made in the 2022-2023 SY, whichever comes first.
Free and Reduced-Price Income Eligibility Resources
Guidance on processing and approving free and reduced-price income applications, including prototype application forms and letters, can be found on the Eligibility tab of the Child Nutrition Knowledge Center (CNKC).
Please contact your CN representative with any questions regarding this information.