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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 Operators
From: 
Child Nutrition Program Administration
Date: 
Tuesday, June 6, 2023
Subject: 
Waiver Now Available for Excessive Heat

The New York State Education Department (NYSED) has received State-level waiver authority from the United States Department of Agriculture for Summer Food Service Program (SFSP) sponsors to provide non-congregate meal service at certain Summer Food Service Program (SFSP) outdoor meal sites on days when the area is experiencing excessive heat.  The flexibility will allow Program operators to safely provide meals to Program participants during times of excessive heat.

SFSP sponsors must be in good standing to operate approved outdoor meal sites without temperature-controlled alternative sites as non-congregate sites on days when the area is experiencing excessive heat. Non-congregate meal service may be offered only on days when the National Weather Service (NWS) has issued a Heat Advisory, an Excessive Heat Warning, or an Excessive Heat Watch for the area in which an approved outdoor meal site is located. Please note that this waiver is not the same as the new option to provide a rural non-congregate meal service as described in Section 13(a)(13) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761). This waiver is not limited to sites in rural areas and may only be applied to sites approved for congregate meal service.

Outdoor sites with an available temperature-controlled alternative site may not use this waiver and should serve meals at the temperature controlled alternative site if the area is experiencing excessive heat. Other program requirements, including those pertaining to the number and type of meals that may be served each day and meal service times, continue to apply.

 

SFSP Sponsors that wish to utilize this waiver must complete this request form and submit it to your NYSED SFSP representative for review and approval.

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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