School Breakfast 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.
CEP and P2 Application and Guidance
The Community Eligibility Provision (CEP) and Provision 2 (P2) Application is now available for the 2025-26 school year. Guidance can be found:
Proposed Rule: Community Eligibility Provision – Increasing Options for Schools
USDA webinar found here: https://www.fns.usda.gov/cn/proposed-rule-cep-increasing-options-schools....
National School Breakfast Week
Join us in celebrating National School Breakfast Week!
National School Breakfast Week celebrates the importance of starting the school day with a healthy meal! From March 6-10, 2023, schools are encouraged to recognize the importance of a nutritious breakfast for all students. This year’s theme is “Dig into School Breakfast”.
Second and Third Allocation of Supply Chain Assistance (SCA) Funding
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.
22-23 Adult Selling Prices
Adult Selling Prices
Breakfast
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Schools that receive regular reimbursement for breakfast must charge a minimum of $2.37 plus tax for an adult breakfast meal.
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Schools that receive severe need reimbursement for breakfast must charge a minimum of $2.78 plus tax for an adult breakfast meal.
Lunch
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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.
Student Eligibility Carryover in the 2022-2023 SY
This memorandum provides School Food Authorities (SFAs) participating in the federal Child Nutrition Programs with clarification regarding student eligibility carryover in the 2022-2023 School Year (SY).



