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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: 
Monday, June 24, 2024
Subject: 
Waiver Request Notification

The New York State Education Department (NYSED) is requesting prospective waivers for non-congregate meal service in school year (SY) 2024-25 for the National School Lunch Program (NSLP), School Breakfast Program (SBP), Summer Food Service Program (SFSP),  and the NSLP Seamless Summer Option (SSO). This would waive congregate meal service, meal service times, parent and guardian pick up, offer versus serve (NSLP only), meal service at school sites (SFSP/SSO), when congregate meal service operations are limited due to natural disasters, unscheduled major building repairs, court orders relating to school safety or other issues, labor-management disputes, or similar unanticipated causes.

These waivers, issued under Section 12(l) of the Richard B. Russell National School Lunch Act (NSLA), 42 U.S.C. 1760(l), will allow NYSED and local Program operators to quickly respond to unanticipated school closures. With these waivers, NYSED can approve non-congregate meals, with or without virtual learning, for up to 10 consecutive operating days for local Program operators.

These waivers apply to SFSP and SSO during school closures, when school buildings are closed and virtual classes are not offered. These waivers would be effective through June 30, 2025. 

  • Non-Congregate Meal Service [NSLA 42 U.S.C. 1753(b)(1)(A), 42 U.S.C. 1761(a)(1)(D), the Child Nutrition Act, 42 U.S.C. 1173(b)(1)(A) and 7 CFR 225.6(i)(15)] 
  • Meal Service Times [7 CFR 210.10(l), 7 CFR 220.8(l),7 CFR 225.16(c)(1), (2), and (3)]  
  • Parent and Guardian Meal Pick Up [NSLA 42 U.S.C. 1761(f)(3) and 7 CFR 210.10(a), 7 CFR 220.2 (Breakfast), 7 CFR 220.8(a), 7 CFR 225.2 (Meals), and 7 CFR 225.9(d)(7)] 
  • Service of Meals at School Sites for Unanticipated School Closures [42 U.S.C. 1761(c)(1) and 7 CFR 225.6(h)(1)(iv)] 

The waivers are intended to provide needed flexibility to support school food authorities in continuing to offer nutritious meals when school buildings are closed and virtual classes are being offered. These waivers would be effective through June 30, 2025. 

  • 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 7 CFR 220.8(l)] 
  • Parent and Guardian Meal Pick Up [7 CFR 210.10(a), 7 CFR 220.2 (Breakfast), and 7 CFR 220.8(a)] 
  • Offer Versus Serve [42 U.S.C. 1758(a)(3) and 7 CFR 210.10(e)] 

These waivers have not been approved at this time. Further guidance will be made available upon 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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