§ 1264. Food program
(a)(1)(A) Each school board operating a public school shall cause to operate within each school
in the school district a food program that makes available a school lunch, as provided
in the National School Lunch Act, as amended, and a school breakfast, as provided
in the Child Nutrition Act, as amended, to each attending student who qualifies for
those meals under these acts every school day.
(B) In addition, each school board operating a public school shall cause to operate within
each school in the school district the same school breakfast and school lunch program
made available to students who qualify for those meals under the Child Nutrition Act
and the National School Lunch Act, each as amended, for each attending student every
school day at no charge. An approved independent school operating a school lunch and
school breakfast program made available to students who qualify for those meals under
the Child Nutrition Act and the National School Lunch Act, each as amended, shall
offer the same to each attending student every school day at no charge in order to
qualify for the universal meals supplement.
(C) In operating its school breakfast and lunch program, a school district and an approved
independent school shall seek to achieve the highest level of student participation,
which may include any or all of the following:
(i) providing breakfast meals that can be picked up by students;
(ii) making breakfast available to students in classrooms after the start of the school
day; and
(iii) for school districts, collaborating with the school’s wellness community advisory
council, as established under subsection 136(e) of this title, in planning school meals.
(D) A school district and an approved independent school shall count time spent by students
consuming school meals during class as instructional time.
(2) Each school board operating a public school shall offer a summer snack or meals program
funded by the Summer Food Service program or the National School Lunch Program for
participants in a summer educational or recreational program or camp if:
(A) at least 50 percent of the students in a school in the district were eligible for
free or reduced-price meals under subdivision (1) of this subsection for at least
one month in the preceding academic year;
(B) the district operates or funds the summer educational or recreational program or camp;
and
(C) the summer educational or recreational program or camp is offered 15 or more hours
per week.
(b) In the event of an emergency, the school board may apply to the Secretary for a temporary
waiver of the requirements in subsection (a) of this section. The Secretary shall
grant the requested waiver if he or she finds that it is unduly difficult for the
school district to provide a school lunch, breakfast, or summer meals program, or
any combination of the three, and if he or she finds that the school district and
supervisory union have exercised due diligence to avoid the emergency situation that
gives rise to the need for the requested waiver. In no event shall the waiver extend
for a period to exceed 20 school days or, in the case of a summer meals program, the
remainder of the summer vacation.
(c) The State shall be responsible for the student share of the cost of breakfasts provided
to all students eligible for a reduced-price breakfast under the federal school breakfast
program and for the student share of the cost of lunches provided to all students
eligible for a reduced-price lunch under the federal school lunch program.
(d), (e) [Repealed.] (Added 1973, No. 252 (Adj. Sess.), § 3; amended 2003, No. 22, § 1; 2007, No. 192 (Adj. Sess.), § 6.028; 2009, No. 87 (Adj. Sess.), § 4, eff. April 28, 2010; 2011, No. 58, § 22, eff. May 31, 2011; 2013, No. 50, § E.501.2; 2013, No. 92 (Adj. Sess.), § 132, Feb. 14, 2014; 2019, No. 34, § 4; 2021, No. 67, § 6, eff. June 8, 2021; 2023, No. 64, § 2, eff. July 1, 2023.)