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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: 
Summer Food Service Program Operators
From: 
Child Nutrition Program Administration
Date: 
Wednesday, April 16, 2025
Subject: 
Public Notification: SFSP Waivers Requested

The New York State Education Department (NYSED) has requested the following waivers from the United States Department of Agriculture, Food and Nutrition Services (FNS):

1. Waiver to allow Offer versus Serve using the SFSP Meal Pattern for all sponsoring organizations (statutory and regulatory requirements rescinded in SP 10-2017, SFSP 06-2017.)

2. Waiver from the requirements in 42 USC 1761(a)(1)(D), and 7 CFR 225.6(i)(15) to allow SFSP sponsors in good standing, that normally operate outdoor meal services at sites without an alternative indoor location, to provide a non-congregate meal service on days when the area experiences an air quality value of 151 or above as defined by the United States Environmental Protection Agency's Air Quality Index (AQI).

3.  Waiver from the requirements in 42 USC 1761(a)(1)(D), and 7 CFR 225.6(i)(15) to allow SFSP sponsors in good standing, that normally operate outdoor meal services at sites without a temperature-controlled alternative, to provide a non-congregate meal service on days when the area experiences excessive heat as defined by the National Weather Service as a Heat Advisory or Excessive Heat Warning.

These waivers have not been approved at this time. Further guidance will be made available upon approval.

USDA Nondiscrimination Statement

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

  1. mail:
    U.S. Department of Agriculture
    Office of the Assistant Secretary for Civil Rights
    1400 Independence Avenue, SW
    Washington, D.C. 20250-9410; or
  2. fax:
    (833) 256-1665 or (202) 690-7442; or
  3. email:
    Program.Intake@usda.gov

This institution is an equal opportunity provider.

Click here for Nondiscrimination Statement translations.

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