THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Office of P-20 Education Policy
The New York State Education Department has requested the following waivers from annual Community Eligibility Provision (CEP) deadlines from the United States Department of Agriculture, Food and Nutrition Services (FNS):
- The requirement that school food authorities (SFAs) that intend to elect CEP in the following school year must notify the State agency and submit identified student percentage (ISP) documentation not later than June 30 of the current school year under Section 11(a)(1)(F)(x)(I) of the NSLA, 42 U.S.C. 1759a, and FNS regulations at 7 CFR 245.9(f)(4)(i); and
- The requirement that SFAs must calculate the CEP ISP using data as of April 1 of the prior school year under Sections 11(a)(1)(F)(iii)(I)(bb) and (a)(1)(F)(iv)(I)(bb) of the Richard B. Russell National School Lunch Act (NSLA), 42 U.S.C. 1759a, and FNS regulations at 7 CFR 245.9(f)(3)(i), (f)(4)(i), (f)(4)(v)(A), and (f)(4)(viii).
These waivers will give SFAs greater flexibility to offer meals to all enrolled students at no cost during the 2023-2024 school year given the FNS final rule, effective October 26, 2023, that amends CEP regulations by lowering the minimum ISP from 40 percent to 25 percent.
These waivers have not been approved at this time. Further guidance will be made available upon approval.