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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: 
Tuesday, June 10, 2025
Subject: 
Waiver Approval Notification: Annual Community Eligibility Provision (CEP) Deadline

The New York State Education Department (NYSED) has received approval to waive the statutory and regulatory requirements at Section 11(a)(1)(F)(x)(I) of the NSLA (42 U.S.C. 1759a) and at 7 CFR 245.9(f)(4)(i) for SY 2025-2026, that require LEAs electing CEP for the subsequent school year to notify their State agency by June 30. This waiver allows NYSED to extend the deadline for School Food Authorities (SFAs) to apply for CEP for the 2025-2026 school year to August 31, 2025.

This extension will ensure SFAs have ample time to assess their CEP status and apply for CEP participation.

Please contact your Child Nutrition Program Representative, or email CN@nysed.gov if you have questions.

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. Emailprogram.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

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