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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: 
Friday, May 22, 2020
Subject: 
Child Nutrition Program New York State Waiver Requests

The New York State Education Department (SED) has requested a waiver from USDA for all SFAs participating in the Fresh Fruit and Vegetable Program from the requirements in Section 19b of the National School Lunch Act [42 U.S. C. 1769a] requiring schools participating in the program to make free fresh fruits and vegetables available “to students” throughout the school day. This will allow parents/guardians to pick up the fresh fruit and vegetables on behalf of their children at non-congregate meal distribution locations.

SED has requested a waiver from SFSP regulations at 7 CFR 225.16 to allow flexibility with meeting meal pattern requirements during the COVID-19 pandemic in those areas which experience a short-term food shortage and/or disruption in the supply chain in the operation of the SFSP during the summer of 2020.

SED has also requested a waiver from USDA for regulation 7 CFR 225.15(d) (3) for all SFSP sponsoring organizations to conduct site monitoring reviews off-site to comply with social distancing orders.

Lastly, SED has requested to waive State Agency SFSP on-site pre-approval visits and monitoring requirements conducted at sites included at 7 CFR 225.7(d).

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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