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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: 
Thursday, June 16, 2022
Subject: 
Waivers Available for the 2022-2023 SY

Waivers Available for the 2022-2023 SY

The New York State Education Department has received State-level waiver authority from the United States Department of Agriculture (USDA) to approve the following flexibilities that School Food Authorities (SFA) may need to respond and recover from the COVID 19 pandemic during the 2022-2023 school year. These flexibilities should be used only for the duration and extent that they are needed. All waivers will expire on June 30, 2023.

SFA can elect waivers through the Child Nutrition Management System (CNMS).

Administrative Waivers

Waiver

Summary

Student Eligibility Carryover

Allows SFAs that operated the Seamless Summer Option during the 2021-2022 SY to carry over the most recent student eligibility information on file, as far back as SY 2019-2020, for up to the first 30 operating days in the 2022-2023 SY or until a new eligibility determination is made, whichever comes first.

 

Note: This waiver has been elected in CNMS for all SFAs that operated the Seamless Summer Option during the 2021-2022SY. No further action is necessary by the SFA.

 

Paid Lunch Equity (PLE)

 

Allows SFAs to decrease or not raise their paid lunch prices in SY 2022-23.

 

Local School Wellness Policy Triennial Assessment 

 

Allows SFAs to complete their first assessment by June 30, 2023.

 

Food Service Management Company (FSMC) Contract Duration

Permits SFAs to extend existing FSMC contracts that would not otherwise be eligible for extension through SY 2022-2023 or June 30, 2023.

Onsite Monitoring Requirements

Allows SFA monitoring to be conducted remotely.
 

Operational Waivers

The following flexibilities are only to be implemented when congregate meal service is limited by the COVID-19 pandemic.

Waiver

Summary

Non-Congregate Meal Service

Allows meals to be consumed off-site.

Parent/Guardian Meal Pickup

Allows parents/guardians to pick up meals for their children without the child being present.

 

SFA’s must have a plan in place to maintain accountability and program integrity that includes ensuring that meals are distributed only to parents or guardians of eligible children, and that duplicate meals are not distributed to any child.

 

Meal Service Times

Allows meals to be served outside of standard mealtimes.

 

Offer Versus Serve

 

Allows senior high schools to not implement in Offer Versus Serve.

 

Parent/Guardian FFVP Pickup

 

Allows parents/guardians to pick up Fresh Fruit and Vegetable Program (FFVP) foods for their children without the child being present.

 

FFVP Alternate Site

Permits FFVP program operations at sites that are not elementary schools.
 

Unanticipated School Closures

In the event of an unanticipated school closure due to COVID-19, SED has received State-level waiver authority from the USDA to approve closure specific operational flexibilities. Please contact the Child Nutrition Program Office if you experience a school closure and will not be providing remote learning.

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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