Skip to main content

National School Lunch Program

Approved State-level Waiver Requests

The New York State Education Department has received State-level waiver authority from the United States Department of Agriculture (USDA) to approve the following operational flexibilities that may be needed to provide meals to students required to learn virtually due to an unanticipated school closure during the remainder of the 2022-2023 school year.

Non-Congregate Meal Service

Upon approval from NYSED, allows students to consume meals outside of school settings.

Student Meal Prices and School Food Service Funds

From the onset of the COVID-19 pandemic, the United States Department of Agriculture (USDA) has provided operational flexibilities and additional funding to School Food Authorities (SFAs) to help overcome challenges and ensure children have continued access to meals. As a result, many SFAs now have a substantial positive balance in their school food service accounts, some in excess of the maximum balance allowed by federal regulations. This memo provides guidance to SFAs on current flexibilities and acceptable uses of the school food service account funds.

P-EBT Grant

The United States Department of Agriculture has provided funds to reimburse School Food Authorities (SFA) for administrative costs incurred to support P-EBT during the federal fiscal year (FY) 2022. These funds are made available under Section 4601 of the Continuing Appropriations Act, 2021 and Other Extensions Act.

SFA Eligibility

All SFAs, with P-EBT eligible students, that were active in the 2021-22 school year and are currently participating in Child Nutrition Programs are eligible to receive the FY 2022 P-EBT Local Level Administrative Cost Grant.  

22-23 Adult Selling Prices

Adult Selling Prices

Breakfast

  • Schools that receive regular reimbursement for breakfast must charge a minimum of $2.37 plus tax for an adult breakfast meal.
  • Schools that receive severe need reimbursement for breakfast must charge a minimum of $2.78 plus tax for an adult breakfast meal.

Lunch

  • Schools that receive under 60% plus the additional PBR* ($4.4699) for lunch must charge a minimum of $4.90 plus tax for an adult lunch.

Keep Kids Fed Act of 2022

The Keep Kids Fed Act of 2022 (KKFA), which President Biden signed into law on June 25, 2022, provides additional support and resources to help Child Nutrition Program (CN) operators continue to serve healthy meals to children during this challenging time.

While KKFA does not extend the broader waiver authority or the resources that would allow USDA to extend the full range of flexibilities currently in place—most notably the ability to serve all meals for free—it is a critical step forward.

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.

Pages

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.

Top