The New York State Education Department (NYSED) is requesting prospective waivers for non-congregate meal service in school year (SY) 2024-25 for the National School Lunch Program (NSLP), School Breakfast Program (SBP), Summer Food Service Program (SFSP),  and the NSLP Seamless Summer Option (SSO). This would waive congregate meal service, meal service times, parent and guardian pick up, offer versus serve (NSLP only), meal service at school sites (SFSP/SSO), when congregate meal service operations are limited due to natural disasters, unscheduled major building repairs, court orders relating to school safety or other issues, labor-management disputes, or similar unanticipated causes.

These waivers, issued under Section 12(l) of the Richard B. Russell National School Lunch Act (NSLA), 42 U.S.C. 1760(l), will allow NYSED and local Program operators to quickly respond to unanticipated school closures. With these waivers, NYSED can approve non-congregate meals, with or without virtual learning, for up to 10 consecutive operating days for local Program operators.

These waivers apply to SFSP and SSO during school closures, when school buildings are closed and virtual classes are not offered. These waivers would be effective through June 30, 2025. 

• Non-Congregate Meal Service [NSLA 42 U.S.C. 1753(b)(1)(A), 42 U.S.C. 1761(a)(1)(D), the Child Nutrition Act, 42 U.S.C. 1173(b)(1)(A) and 7 CFR 225.6(i)(15)] 
• Meal Service Times [7 CFR 210.10(l), 7 CFR 220.8(l),7 CFR 225.16(c)(1), (2), and (3)]  
• Parent and Guardian Meal Pick Up [NSLA 42 U.S.C. 1761(f)(3) and 7 CFR 210.10(a), 7 CFR 220.2 (Breakfast), 7 CFR 220.8(a), 7 CFR 225.2 (Meals), and 7 CFR 225.9(d)(7)] 
• Service of Meals at School Sites for Unanticipated School Closures [42 U.S.C. 1761(c)(1) and 7 CFR 225.6(h)(1)(iv)] 

The waivers are intended to provide needed flexibility to support school food authorities in continuing to offer nutritious meals when school buildings are closed and virtual classes are being offered. These waivers would be effective through June 30, 2025. 

• 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 7 CFR 220.8(l)] 
• Parent and Guardian Meal Pick Up [7 CFR 210.10(a), 7 CFR 220.2 (Breakfast), and 7 CFR 220.8(a)] 
• Offer Versus Serve [42 U.S.C. 1758(a)(3) and 7 CFR 210.10(e)] 

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