School breakfast and lunch programs; eligibility; insufficient funds; rules.

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(b) If the school or school district is approved under paragraph (a) of this subsection, the school or school district must offer breakfasts, lunches or both to all students of the school or school district at no charge to the student.

(c) For each breakfast or lunch that a school or school district provides at no charge as described in this subsection, the Department of Education shall provide reimbursement pursuant to ORS 327.545 (2).

(2)(a) If a school or school district does not offer reimbursable breakfasts or lunches as described in subsection (1) of this section, the school district must ensure that each school of the school district:

(A) Offers lunch at no charge to students from households with incomes that do not exceed 300 percent of the federal poverty guidelines.

(B) Offers breakfast at no charge to students from households with incomes that do not exceed 300 percent of the federal poverty guidelines, if breakfast must be offered pursuant to ORS 327.535.

(b) For each breakfast or lunch that a school or school district provides at no charge as described in this subsection, the Department of Education shall provide reimbursement pursuant to ORS 327.545 (3).

(3) Notwithstanding subsections (1) and (2) of this section, a school or school district is not required to provide breakfast or lunch at no charge to students if the Department of Education has insufficient funds to provide reimbursement pursuant to ORS 327.545 (2) or (3). The State Board of Education shall adopt rules that describe:

(a) The method for determining when the department has insufficient funds;

(b) The content and timing of the notice to be provided to school districts when the department determines that the department has insufficient funds; and

(c) The procedures the school or school district must follow upon receiving notice of insufficient funds. [2015 c.718 §1; 2021 c.119 §1]

Note: 327.531 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 327 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.


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