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School Breakfast Program

Ending of KKFA Flexibilities

On June 25th, 2022, President Biden signed the Keep Kids Fed Act, which extended USDA authority to waive certain requirements for Child Nutrition Programs to address COVID-19. This gave USDA extra resources to continue serving participants of the Child Nutrition Programs through the SY 2022-2023. These flexibilities (along with some waivers that were offered using USDA’s 12(l) National School Lunch Act waiver authority) are set to expire on June 30th, 2023. These flexibilities allowed for children and adult participants to continue to be fed in a safe manner during the pandemic.

CEP State Subsidy Q&As

Community Eligibility Provision (CEP)

1.  Who can participate in CEP?

To participate in CEP, at least 25% of enrolled students must be certified for free meals without an application. An entire School Food Authority (SFA), individual school building/Recipient Agency (RA), or group of RAs within an SFA can participate in CEP. SFAs should determine how to implement CEP to maximize the benefits to the most students.

Approved State-level Waiver Request

The New York State Education Department (NYSED) has received State-level waiver authority from the United States Department of Agriculture (USDA) from the requirements in 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) to allow school food authorities to apply to participate in the Community Eligibility Provision for the 2023-2024 school year until August 31, 2023.

Comments from the Listening Sessions for the CNP: Revision to Meal Patterns Proposed Rule

The New York State Education Department (SED), Office of Child Nutrition Program Administration hosted two listening sessions on March 9th and 16th of 2023 to hear from New York State school food professionals on the potential impact of the “Child Nutrition Programs: Revision to Meal Patterns Consistent with the 2020 Dietary Guideline for Americans” federal proposed rule.

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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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