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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: 
Paula Tyner-Doyle, Coordinator
Date: 
Thursday, June 27, 2013
Subject: 
Changes regarding The School Breakfast Program (SBP)

United States Department of Agriculture (USDA) issued the updated Questions and Answers and Offer Versus Serve (OVS) Guidance Manual on June 14, 2013. The following provides a brief overview of the changes outlined in those documents.

At breakfast, schools must offer all three required food components in at least the minimum required amounts. The components are: grains (with the optional meats/meat alternates); juice/fruit/vegetable; and milk.

Under OVS, a student must be offered at least four food items and must select at least three food items for a reimbursable meal. The previous guidance stated that a student could “decline only one food item even if more items are offered”. The menu planner may offer the grains component in one or more different food items.

The menu planner determines how to credit the food items. For example, the menu planner has the discretion to offer a 2 oz eq muffin as one or two food items. For Offer Versus Serve, if the menu planner offers this as one food item, the menu planner must offer three additional food items and the student must select any three food items for a reimbursable meal. If the menu planner offers the 2 oz eq muffin as two food items, the menu planner must offer 2 other food items and the student must select three food items for a reimbursable meal.

Examples: Muffin 2 oz eq. (offered as one food item) Toast 1 oz. eq. Fruit ½ cup Milk 8 fl oz Muffin 2 oz eq. (offered as two food items) Fruit ½ cup Milk 8 fl oz. *

*In both of these examples the menu planner is offering 4 food items and students must select at least three items in their minimum required amounts for a reimbursable meal for all grade levels. 

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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