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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

School Food Service Directors/Managers
Child Nutrition Program Administration
Friday, March 22, 2024
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. 

Contact with any questions. 

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.