TITLE 6               PRIMARY AND SECONDARY EDUCATION

CHAPTER 12     PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY

PART 9                 ELEMENTARY SCHOOL FREE BREAKFAST PROGRAM DURING INSTRUCTIONAL TIME

 

6.12.9.1                 ISSUING AGENCY:  Public Education Department

[6.12.9.1 NMAC - N, 10-31-11]

 

6.12.9.2                 SCOPE:  All public schools, including charter schools.

[6.12.9.2 NMAC - N, 10-31-11]

 

6.12.9.3                 STATUTORY AUTHORITY:  This regulation is adopted pursuant to Sections 22-2-1 and 9-24-8 NMSA 1978.

[6.12.9.3 NMAC - N, 10-31-11]

 

6.12.9.4                 DURATION:  Permanent

[6.12.9.4 NMAC - N, 10-31-11]

 

6.12.9.5                 EFFECTIVE DATE:  October 31, 2011, unless a later date is cited in the history note at the end of a section.

[6.12.9.5 NMAC - N, 10-31-11]

 

6.12.9.6                 OBJECTIVE: This rule establishes requirements for districts and charter schools to establish a school breakfast program providing free breakfast after the instructional day has begun, in all districts in which eighty-five percent or more of the enrolled students at the elementary school were eligible for free  or reduced lunch during the prior school year.

[6.12.9.6 NMAC - N, 10-31-11]

 

6.12.9.7                 DEFINITIONS:

                A.            “Breakfast after the bell program” means an elementary school breakfast program in which food shall be served or consumed, at no charge, after the instructional day has begun, provided that instruction occurs simultaneously, to all students attending that elementary school through a school breakfast program that meets the federal school breakfast program standards as authorized by Section 4 of the Child Nutrition Act of 1966 and operated in accordance with all applicable policies, guidance, and law, including the requirements listed in 7 CFR Part 220.

                B.            “Elementary school” means a public school providing instruction for grades kindergarten through eight, unless there is a junior high school program approved by the department, in which case it means a public school providing instruction for grades kindergarten through six (22-1-3, NMSA 1978).

                C.            “Federal reimbursement rate” means an amount prescribed annually by the United States secretary of agriculture for federal payments towards each meal served; this rate differs for free, reduced price and paid meals and depending upon whether the school is in “severe need,” as defined in 7 CFR Part 220.2 and according to the criteria in 7 CFR 220.9.

                D.            “Financial hardship” means that if the school food services were to serve breakfast after the bell, it would operate at a loss such that cost would exceed revenue and funds from the school districts or charter schools state equalization guarantee would be required to cover the cost of serving breakfast after the bell.

                E.            "Local school board" means the governing body of a school district or charter school.

                F.            "School district" means an area of land established as a political subdivision of the state for the administration of public schools and segregated geographically for taxation and bonding purposes.

[6.12.9.7 NMAC - N, 10-31-11]

 

6.12.9.8                 REQUIREMENTS:

                A.            This section applies to local school boards, local school districts, and charter schools.

                B.            An elementary school in which eighty-five percent or more of the enrolled students at the school are eligible for free or reduced-price lunch under the National School Lunch Act of 1946 during the prior school year shall establish a breakfast after the bell program unless the school is granted a waiver by the department as per 6.12.9 NMAC.

                C.            An elementary school in which fewer than eighty-five percent or more of the enrolled students at the school are eligible for free or reduced-price lunch under the National School Lunch Act of 1946 during the prior school year and accepts state funding for the breakfast after the bell program shall establish a breakfast after the bell program.

                D.            Each school district and charter school that implements a breakfast after the bell program shall be reimbursed for students eligible for free or reduced price lunch under the National School Lunch Act of 1946 on a per-meal basis as set forth by the federal Child Nutrition Act of 1966.

                E.            Each school district and charter school that implements a breakfast after the bell program and accepts a department award for state funds for the breakfast after the bell program shall be reimbursed by the department for students not eligible for free price or reduced priced lunch under the National School Lunch Act of 1946 on a per-meal basis as set forth by the federal Child Nutrition Act of 1966 and shall be reimbursed by the department for students eligible for reduced priced lunch at a rate that reflects the difference between the federal established reduced meal rate and the free price meal rate under the National School Lunch Act of 1946.

                F.            Each school district and charter school that implements a breakfast after the bell program shall ensure that instruction occurs simultaneously when breakfast is served or consumed.

[6.12.9.8 NMAC - N, 10-31-11]

 

6.12.9.9                 BREAKFAST AFTER THE BELL PROGRAM WAIVER:

                A.            A school district or charter school may apply to the department for a waiver of the breakfast after the bell program requirements if the school district or charter school can demonstrate that the providing program will result in financial hardship for the school district or charter school.

                B.            Request for a breakfast after the bell program waiver shall be submitted using the department’s breakfast after the bell program waiver request form.  This form shall include:

                    (1)     name of superintendent or director of charter;

                    (2)     district/school;

                    (3)     mailing address;

                    (4)     phone;

                    (5)     fax;

                    (6)     email;

                    (7)     name of secondary contact person including the same information as identified in Paragraphs (1) through (6) of Subsection B;

                    (8)     date of submission;

                    (9)     statement district or charter school rationale for request; and

                    (10)     the statement shall outline the financial hardship identifying how the breakfast after the bell program would operate at a loss such that cost would exceed revenue and funds from the school districts or charter schools state equalization guarantee would be required to cover the cost of serving breakfast after the bell.

[6.12.9.9 NMAC - N, 10-31-11]

 

History of 6.12.9 NMAC:  [Reserved]