Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in this section:
(a) "Administrative costs" means all
customary and routine expenses incurred by a school district for the conduct of
program administration. The term includes, but is not limited to, procurement,
payroll processing, personnel functions, management, maintenance and operation
of space and property, data processing and computer services, accounting,
budgeting, auditing, indirect costs, and organizational planning, consultation,
coordination, and training.
(b)
"Breakfast after the Bell" means a reimbursable breakfast that is provided
through the federal School Breakfast Program and offered by a school district
to students after the beginning of the school day. The term includes, but is
not limited to, breakfasts served to students for consumption during homeroom
or first period, easy-to-eat breakfast foods made available for students to
take and eat sometime during the morning, or a second breakfast service
available to those students who either didn't arrive at school in time for the
first breakfast service or weren't hungry earlier in the day.
(c) "Eligible student" means a student who is
eligible for free or reduced price lunches under the United States Department
of Agriculture's guidelines.
(d)
(A) "Equipment" means tangible personal
property having a useful life of more than one year that is necessary and
required to provide breakfast after the beginning of the school day. The term
includes, but is not limited to, rolling coolers, insulated food carriers,
ovens, laptops, kitchen utensils, or portable kiosks.
(B) "Equipment" does not include meal
management software systems or cleaning products.
(e) "School district" means an Oregon common
school district, joint school district, union high school district, education
service district, or public charter school.
(2) The purpose of the Breakfast After the
Bell Equipment Grant is to assist school districts with paying the costs they
incur purchasing or upgrading necessary equipment required to provide breakfast
after the beginning of the school day.
(3) The Oregon Department of Education shall:
(a) Establish a process for requesting a
Breakfast After the Bell Equipment Grant each year in which grant funds are
available;
(b) Identify the school
sites eligible to receive a Breakfast After the Bell Equipment Grant by
February 1 of each school year in which grant funds are available;
(c) Distribute Breakfast After the Bell
Equipment Grants to eligible school sites each year in which grant funds are
eligible; and
(d) Award the first
Breakfast After the Bell Equipment Grants for the school year beginning on July
1, 2020, and ending on June 30, 2021.
(4) A school site is eligible to receive a
Breakfast After the Bell Equipment Grant if it:
(a) Must make breakfast accessible after the
beginning of the school day, as required under ORS
327.535; and
(b) Has not claimed an exception from the
requirement to make breakfast accessible after the beginning of the school
day.
(5) A school
district may submit a request for a Breakfast After the Bell Equipment Grant on
behalf of one or more of its eligible school sites.
(6) Grant recipients:
(a) May not deposit their grant funds in
their nonprofit food service accounts.
(b) Must separately account for their grant
funds.
(c) May use their grant
funds only for the purpose of purchasing new equipment, or repairing,
renovating, or upgrading equipment they already own, which is necessary and
required to provide students breakfast after the beginning of the school
day.
(d) Must comply with all
applicable federal, state, and local procurement laws and procedures when
purchasing equipment with grant dollars.
(e) May not charge administrative costs to
their grant funds.
(7)
If the total approved costs for which eligible school sites are seeking grant
funds exceeds the amount allocated for Breakfast After the Bell Equipment
Grants, then the Oregon Department of Education may prorate or prioritize the
amount of any moneys available for distribution in the account among eligible
school sites.
(a) The department may
reallocate Breakfast After the Bell Equipment Grant funds to other eligible
school sites if grant funds remain after awards are made or become unobligated,
or if a grant recipient is not making adequate progress towards spending all of
its grant award during the biennium in which the award was made.
(b) The department will notify Breakfast
After the Bell Equipment Grant recipients if their claimed expenses do not show
that the recipients are making adequate progress towards spending the full
amount of their grant awards during the biennium in which the awards were
made.
Statutory/Other Authority: 2019 Or Laws, ch. 122, sec. 28
(Enrolled HB 3427)
Statutes/Other Implemented: 2019 Or Laws, ch. 122, sec. 28
(Enrolled HB 3427)
