(B) The state board of education shall establish standards | 16 |
for a school lunch program, school breakfast program, child and | 17 |
adult care food program, special food service program for | 18 |
children, summer food service program for children, special milk | 19 |
program for children, food service equipment assistance program, | 20 |
and commodity distribution program established under the "National | 21 |
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as | 22 |
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42 | 23 |
U.S.C. 1771, as amended. Any board of education of a school | 24 |
district, nonprofit private school, outdoor education center, | 25 |
child care institution, outside-school-hours care center, or | 26 |
summer camp desiring to participate in such a program or required | 27 |
to participate under this section shall, if eligible to | 28 |
participate under the "National School Lunch Act," as amended, or | 29 |
the "Child Nutrition Act of 1966," as amended, make application to | 30 |
the state board of education for assistance. The board shall | 31 |
administer the allocation and distribution of all state and | 32 |
federal funds for these programs. | 33 |
(1) The state board shall require the board of education in | 39 |
each school district to establish a breakfast program in every | 40 |
school that was declared to be in a state of academic emergency | 41 |
under section 3302.03 of the Revised Code in the most recent | 42 |
ratings of school buildings published prior to the first day of | 43 |
July of the school year or where at least one-fifth of the pupils | 44 |
in the school are eligible under federal requirements for free | 45 |
breakfasts and to establish a lunch program in every school where | 46 |
at least one-fifth of the pupils are eligible for free lunches. | 47 |
The district board, in consultation with its administrative | 48 |
employees responsible for food services, shall include in any | 49 |
improvement plan required under section 3302.041 of the Revised | 50 |
Code the implementation of a breakfast program in each school | 51 |
declared to be in a state of academic emergency. The plan shall | 52 |
incorporate best practices for school breakfast programs. The | 53 |
board of education required to establish a breakfast program under | 54 |
this division may make a charge in accordance with federal | 55 |
requirements for each reduced price breakfast or paid breakfast to | 56 |
cover the cost incurred in providing that meal. | 57 |
(2) The state board shall require the board of education in | 58 |
each school district to establish a breakfast program in every | 59 |
school in which the parents of at least one-half of the children | 60 |
enrolled in the school have requested that the breakfast program | 61 |
be established. The board of education required to establish a | 62 |
program under this division may make a charge in accordance with | 63 |
federal requirements for each meal to cover all or part of the | 64 |
costs incurred in establishing such a program. | 65 |
(4)(5)(a) If the board of education of a school district | 81 |
determines that, for financial reasons, it cannot comply with | 82 |
division (C)(1) or, (3), or (4) of this section, the district | 83 |
board may choose not to comply with either or bothany or all of | 84 |
those divisions, except as provided in division (C)(4)(5)(b) of | 85 |
this section. The district board publicly shall communicate to the | 86 |
residents of the district, in the manner it determines | 87 |
appropriate, its decision not to comply.
In addition, the district | 88 |
board shall develop a financial viability plan that will enable | 89 |
the board to comply within two years. | 90 |
(b) If a district board chooses not to comply with division | 91 |
(C)(1) or (3) of this section, the state board nevertheless shall | 92 |
require the district board to establish a breakfast program in | 93 |
every school where at least one-third of the pupils in the school | 94 |
are eligible under federal requirements for free breakfasts andor | 95 |
to establish a lunch program in every school where at least | 96 |
one-third of the pupils are eligible for free lunches, as | 97 |
applicable. The district board may make a charge in accordance | 98 |
with federal requirements for each reduced price breakfast or paid | 99 |
breakfast to cover the cost incurred in providing that meal. | 100 |
(c) If a school district cannot for good cause comply with | 101 |
the requirements of division (C)(2) or (4)(5)(b) of this section | 102 |
at the time the state board determines that a district is subject | 103 |
to these requirements, the state board shall grant a reasonable | 104 |
extension of time. Good cause for an extension of time shall | 105 |
include, but need not be limited to, economic impossibility of | 106 |
compliance with the requirements at the time the state board | 107 |
determines that a district is subject to them.
The state board | 108 |
shall require the district board to develop, and submit to the | 109 |
department of education, a plan that will enable the district | 110 |
board to comply with the requirements of division (C)(2) or (5)(b) | 111 |
of this section not later than the date on which the extension | 112 |
granted under this division expires. The state board may renew the | 113 |
extension if the district board is still unable to comply upon the | 114 |
extension's expiration. | 115 |
(F) Notwithstanding anything in this section to the contrary, | 138 |
in each fiscal year in which the general assembly appropriates | 139 |
funds for purposes of this division, the board of education of | 140 |
each school district and each chartered nonpublic school that | 141 |
participates in a breakfast program pursuant to this section shall | 142 |
provide a breakfast free of charge to each pupil who is eligible | 143 |
under federal requirements for a reduced price breakfast. | 144 |
Sec. 3314.18. (A) Subject to division (C) of this section, | 145 |
the governing authority of each community school shall establish a | 146 |
breakfast program pursuant to the "National School Lunch Act," 60 | 147 |
Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child | 148 |
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, | 149 |
if at least one-fifth of the pupils in the school are eligible | 150 |
under federal requirements for free breakfasts or the school was | 151 |
declared to be in a state of academic emergency under section | 152 |
3302.03 of the Revised Code in the most recent ratings of school | 153 |
buildings published prior to the first day of July of the school | 154 |
year, and shall establish a lunch program pursuant to those acts | 155 |
if at least one-fifth of the pupils are eligible for free lunches. | 156 |
If the school has been declared to be in a state of academic | 157 |
emergency, the governing authority shall include in any | 158 |
improvement plan required under section 3302.041 of the Revised | 159 |
Code the implementation of the breakfast program required by this | 160 |
division. The plan shall incorporate best practices for school | 161 |
breakfast programs. The governing authority required to establish | 162 |
a breakfast program under this division may make a charge in | 163 |
accordance with federal requirements for each reduced price | 164 |
breakfast or paid breakfast to cover the cost incurred in | 165 |
providing that meal. | 166 |
(C) If the governing authority of a community school | 178 |
determines that, for financial reasons, it cannot comply with | 179 |
division (A) or (B) of this section, the governing authority may | 180 |
choose not to comply with either or both divisions. In that case, | 181 |
the governing authority shall communicate to the parents of its | 182 |
students, in the manner it determines appropriate, its decision | 183 |
not to comply.
In addition, the governing authority shall develop | 184 |
a financial viability plan that will enable the governing | 185 |
authority to comply within two years. | 186 |
(F) Notwithstanding anything in this section to the contrary, | 199 |
in each fiscal year in which the general assembly appropriates | 200 |
funds for purposes of this division, the governing authority of | 201 |
each community school required to establish a breakfast program | 202 |
under this section or that elects to participate in a breakfast | 203 |
program pursuant to the "National School Lunch Act" and the "Child | 204 |
Nutrition Act of 1966" shall provide a breakfast free of charge to | 205 |
each pupil who is eligible under federal requirements for a | 206 |
reduced price breakfast. | 207 |