Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in this
section:
(a) "Breakfast" means a reimbursable
breakfast provided through the federal School Breakfast Program.
(b) "Eligible student" means a student who is
eligible for free or reduced price meals under the United States Department of
Agriculture's guidelines.
(c)
"School district" means an Oregon common school district, joint school
district, union high school district, education service district, or public
charter school.
(2)
(a) If, in the second preceding school year,
70 percent or more of the students at a school site were eligible students,
then a school district must make breakfast accessible at that school site after
the beginning of the school day. If eligibility data from the second preceding
school year is unavailable, the most current applicable available data will be
used.
(b) A school district that
must make breakfast accessible after the beginning of the school day under this
subsection must ensure that the breakfast is:
(A) Accessible to all students after the
beginning of the school day, regardless of a student's grade or arrival time;
and
(B) Provided free of charge to
all students, regardless of whether a student is an eligible student.
(c) As used in this subsection,
"arrival time" means the time of day, prior to the start of the school site's
lunch service, when the student has arrived on campus for the purpose of
attending classes or participating in school activities.
(3) Notwithstanding subsection (2) of this
section, a school district:
(a) Is not
required to make breakfast accessible to a student after the beginning of the
school day if the student does not arrive at the school site at least 30
minutes before the start of the school site's lunch service.
(b) May claim an exemption from the
requirement to make breakfast accessible after the beginning of the school day
at a school site if the district can demonstrate that 70 percent or more of the
eligible students regularly receive breakfast at the school site, even though
the district does not make breakfast accessible at that site after the
beginning of the school day.
(4)
(a) The
department will announce the school sites that are eligible for an exemption
from the requirement to make breakfast accessible after the beginning of the
school day.
(b) School districts
claiming an exemption from the requirement to make breakfast accessible after
the beginning of the school day must notify the department using the
notification form and procedure published by the department.
(c) Eligible school sites that claim an
exemption from the requirement to make breakfast accessible after the beginning
of the school day are exempt from complying with the requirement during the
applicable school year.
(5) If a school district claimed an exemption
on behalf of a school site that is not eligible to receive one, then the
department will notify the district in writing and the school site must comply
with the requirement to make breakfast accessible after the beginning of the
school day.
(6) Beginning in the
2020-21 school year, school districts subject to the requirement in subsection
(2) of this section must make breakfast accessible after the beginning of the
school day.
Statutory/Other Authority: 2019 OR Laws, Ch. 122, Sec. 26
(Enrolled HB 3427)
Statutes/Other Implemented: 2019 OR Laws, Ch. 122, Sec. 26
(Enrolled HB 3427)
