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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 |
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.
SFA can elect waivers through the Child Nutrition Management System (CNMS).
Administrative Waivers
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Waiver |
Summary |
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Allows SFAs that operated the Seamless Summer Option during the 2021-2022 SY to carry over the most recent student eligibility information on file, as far back as SY 2019-2020, for up to the first 30 operating days in the 2022-2023 SY or until a new eligibility determination is made, whichever comes first.
Note: This waiver has been elected in CNMS for all SFAs that operated the Seamless Summer Option during the 2021-2022SY. No further action is necessary by the SFA.
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Paid Lunch Equity (PLE) |
Allows SFAs to decrease or not raise their paid lunch prices in SY 2022-23.
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Local School Wellness Policy Triennial Assessment |
Allows SFAs to complete their first assessment by June 30, 2023.
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Food Service Management Company (FSMC) Contract Duration |
Permits SFAs to extend existing FSMC contracts that would not otherwise be eligible for extension through SY 2022-2023 or June 30, 2023. |
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Onsite Monitoring Requirements |
Allows SFA monitoring to be conducted remotely. |
Operational Waivers
The following flexibilities are only to be implemented when congregate meal service is limited by the COVID-19 pandemic.
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Waiver |
Summary |
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Non-Congregate Meal Service |
Allows meals to be consumed off-site. |
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Parent/Guardian Meal Pickup |
Allows parents/guardians to pick up meals for their children without the child being present.
SFA’s must have a plan in place to maintain accountability and program integrity that includes ensuring that meals are distributed only to parents or guardians of eligible children, and that duplicate meals are not distributed to any child.
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Meal Service Times |
Allows meals to be served outside of standard mealtimes.
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Offer Versus Serve |
Allows senior high schools to not implement in Offer Versus Serve.
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Parent/Guardian FFVP Pickup |
Allows parents/guardians to pick up Fresh Fruit and Vegetable Program (FFVP) foods for their children without the child being present.
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FFVP Alternate Site |
Permits FFVP program operations at sites that are not elementary schools. |
Unanticipated School Closures
In the event of an unanticipated school closure due to COVID-19, SED has received State-level waiver authority from the USDA to approve closure specific operational flexibilities. Please contact the Child Nutrition Program Office if you experience a school closure and will not be providing remote learning.
