Summer Food Service Program

This memorandum provides updated guidance regarding the Federal Small Purchase Threshold, as it relates to all Food and Nutrition Service (FNS) program procurements under Federal grants. The new threshold is confirmed as $150,000; replacing the previous threshold of $100,000. The change was made through statutorily required administrative action.

This memorandum provides guidance on using school data when determining area eligibility for the purpose of the Summer Food Service Program (SFSP) in instances where school attendance areas may not accurately reflect the population of the school for which eligibility data is being used.

The purpose of this memorandum is to present the options available to school food authorities (SFA) for feeding children in the summer months through the Child Nutrition Programs administered by the Food and Nutrition Service (FNS). This memorandum also describes the simplified application and review procedures now available to SFAs participating in the National School Lunch Program (NSLP) or School Breakfast Program (SBP) that wish to apply for participation in the Summer Food Service Program (SFSP).

Academic Summer School Programs

The purpose of this memorandum is to clarify the regulatory requirements regarding the enforcement of site caps in the Summer Food Service Program (SFSP). State agencies administering the Program are required to set limits on the number of meals a site may serve to children for meal reimbursement. This limit is referred to as the ‘site cap.’

In an effort to simplify requirements for the Summer Food Service Program (SFSP) , the SFSP standard contract threshold is now linked to the Federal small purchase threshold currently set at $150,000 (also known as the simplified acquisition thereshold)thereby creating more uniform procurement requirements for all Child Nutrition Programs.

This memorandum provides updated guidance and clarification regarding the eligibility of private nonprofit organizations and churches seeking participation as sponsors in the Summer Food Service Program (SFSP).

The State agency will make advance payments to sponsors that have executed a Program agreement in order to assist in meeting initial operating and administrative expenses. However; advance payments shall not exceed the amount of the estimated reimbursement. It is expected that all sponsors requesting an advance take the time to evaluate how their program is operating and make the necessary adjustments to reflect the most accurate site participation, enrollment and income eligible children. SED will be evaluating all advances to ensure that they do not exceed the estimated reimbursement.

The purpose of this memorandum is to remind school food authorities (SFAs), schools, and sponsoring organizations operating in the National School Lunch Program (NSLP), the School Breakfast Program (SBP), and the Summer Food Service Program (SFSP) about data sharing and disclosure requirements.  

Data Sharing

The New York State Education Department (SED) review process is required by Part 7 CFR, Section 225 of the Federal regulations for sponsors administering the SFSP. The objective of the review process is to ensure program compliance through the evaluation of the sponsor’s program operations by observing site operations and conducting a fiscal audit of the SFSP administration. SED reviews all SFSP sponsors a minimum of once every three years.

The Healthy Meals for Healthy Americans Act of 1994, P.L. 103-448 amended Section 9(b)(2)(c) of the National School Lunch Act (NSLA) to allow limited disclosure of information about free and reduced price meals and/or free milk eligibility without parent/guardian consent. SFAs are not required to disclose eligibility information. Providing aggregate information that does not identify individuals continues to be permitted without parental consent.

Disclosure of Eligibility Information Without Parent/Guardian Consent