The New York State Education Department (SED) has been approved for State-level waiver authority from the United States Department of Agriculture (USDA) to allow School Food Authorities the ability to utilize meal operational flexibilities and non-congregate meal service in the National School Lunch Program (NSLP), School Breakfast Program (SBP), or the Seamless Summer Option (SSO), when an unanticipated school closure occurs due to natural disasters, unscheduled major building repairs, court orders relating to school safety or other issues, labor-management disputes, or similar unanticipated causes during the 2024-25 school year.   

Unanticipated School Closure - Offering Virtual Learning

School Food Authorities (SFAs) may continue to operate the NSLP and SBP by offering grab and go meals or home delivering meals when virtual instruction is provided during an unanticipated school closure.  Schools that do not participate in the Community Eligibility Provision (CEP) or Provision 2 must continue to count and claim meals by eligibility type (free, reduced or paid). Schools that participate in CEP or Provision 2 must continue to claim meals according to the requirements of that Provision.

The following waivers provide the needed flexibility to allow SFAs to continue offering nutritious meals:

• Non-Congregate Meal Service [NSLA, 42 U.S.C. 1753(b)(1)(A) and Child Nutrition Act, 42 U.S.C. 1773(b)(1)(A)]
• Meal Service Times [7 CFR 210.10(l) and 220.8(l)]
• Parent/Guardian Meal Pickup [7 CFR 210.10(a), 220.2 (Breakfast), and 220.8(a)]
• Offer Versus Serve [42 U.S.C. 1758(a)(3) and 7 CFR 210.10(e)]

Unanticipated School Closures - No Virtual Learning

When virtual instruction is not provided during the unanticipated school closure SFAs may operate the SSO, provided the school meets the SSO eligibility requirement of having at least 50 percent of the enrolled students eligible for free or reduced meals.

The following waivers provide the needed flexibility to allow SFAs to continue offering nutritious meals:

• Non-Congregate Meal Service during Unanticipated School Closures [42 U.S.C. 1753(b)(1)(A), and 42 U.S.C. 1761(a)(1)(D)]
• Parent and Guardian Meal Pick-Up: Parent and Guardian Meal Pick-Up during Unanticipated School Closures [42 U.S.C. 1761(f)(3) and 7 CFR 210.10(a), 220.2 (Breakfast), and 220.8(a)]
• Meal Service Times [7 CFR 210.10(l) and 220.8(l)]
• Service of Meals at School Sites for Unanticipated School Closures [42 U.S.C. 1761(c)(1)]

SFAs that experience an unanticipated school closure and want to continue to serve meals must complete this form and email it to CN@nysed.gov.  A Child Nutrition Representative will contact the SFA to provide technical assistance. SED must request USDA approval for any SFA serving meals during unanticipated closure exceeding 10 consecutive operating days.