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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, October 24, 2024
Subject: 
Unanticipated School Closure

The New York State Education Department (SED) has been approved for State-level waiver authority from the United States Department of Agriculture (USDA) to allow School Food Authorities the ability to utilize meal operational flexibilities and non-congregate meal service in the National School Lunch Program (NSLP), School Breakfast Program (SBP), or the Seamless Summer Option (SSO), when an unanticipated school closure occurs due to natural disasters, unscheduled major building repairs, court orders relating to school safety or other issues, labor-management disputes, or similar unanticipated causes during the 2024-25 school year.   

Unanticipated School Closure - Offering Virtual Learning

School Food Authorities (SFAs) may continue to operate the NSLP and SBP by offering grab and go meals or home delivering meals when virtual instruction is provided during an unanticipated school closure.  Schools that do not participate in the Community Eligibility Provision (CEP) or Provision 2 must continue to count and claim meals by eligibility type (free, reduced or paid). Schools that participate in CEP or Provision 2 must continue to claim meals according to the requirements of that Provision.

The following waivers provide the needed flexibility to allow SFAs to continue offering nutritious meals:

  • Non-Congregate Meal Service [NSLA, 42 U.S.C. 1753(b)(1)(A) and Child Nutrition Act, 42 U.S.C. 1773(b)(1)(A)]
  • Meal Service Times [7 CFR 210.10(l) and 220.8(l)]
  • Parent/Guardian Meal Pickup [7 CFR 210.10(a), 220.2 (Breakfast), and 220.8(a)]
  • Offer Versus Serve [42 U.S.C. 1758(a)(3) and 7 CFR 210.10(e)]

Unanticipated School Closures - No Virtual Learning

When virtual instruction is not provided during the unanticipated school closure SFAs may operate the SSO, provided the school meets the SSO eligibility requirement of having at least 50 percent of the enrolled students eligible for free or reduced meals.

The following waivers provide the needed flexibility to allow SFAs to continue offering nutritious meals:

  • Non-Congregate Meal Service during Unanticipated School Closures [42 U.S.C. 1753(b)(1)(A), and 42 U.S.C. 1761(a)(1)(D)]
  • Parent and Guardian Meal Pick-Up: Parent and Guardian Meal Pick-Up during Unanticipated School Closures [42 U.S.C. 1761(f)(3) and 7 CFR 210.10(a), 220.2 (Breakfast), and 220.8(a)]
  • Meal Service Times [7 CFR 210.10(l) and 220.8(l)]
  • Service of Meals at School Sites for Unanticipated School Closures [42 U.S.C. 1761(c)(1)]

SFAs that experience an unanticipated school closure and want to continue to serve meals must complete this form and email it to CN@nysed.gov.  A Child Nutrition Representative will contact the SFA to provide technical assistance. SED must request USDA approval for any SFA serving meals during unanticipated closure exceeding 10 consecutive operating days.

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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