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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: 
Friday, May 19, 2023
Subject: 
Waiver Now Available for Non-School Food Authority Summer Food Service Program Sponsors to Implement Offer versus Serve

The New York State Education Department (NYSED) has received State-level waiver authority from the United States Department of Agriculture for non-school food authority Summer Food Service Program (SFSP) sponsors to utilize Offer versus Serve (OVS) during the 2023 SFSP. OVS allows children to decline some of the foods offered in a reimbursable breakfast, lunch, or supper.

Non-SFA 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. 

Only sponsors that are considered in good standing and can demonstrate administrative and operational capacity to effectively implement OVS will be approved. This waiver is not available for rural non-congregate meal services as established in FNS Policy Memorandum SFSP 01-2023, SP 05-2023 Implementation Guidance: Summer 2023 Non-Congregate Meal Service in Rural Areas - Revised.

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: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, 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:
    Program.Intake@usda.gov

This institution is an equal opportunity provider.

Click here for Nondiscrimination Statement translations.

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