Establishment of Nutritional Breakfast and Lunch Programs

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  1. Unless a waiver is granted pursuant to § 49-6-2303(10), and only to the extent federal funds are available for free or reduced price meals:
    1. Each school board shall establish a school lunch program in every school under its jurisdiction in accordance with rules and regulations established under § 49-6-2303; and
    2. Each school board shall establish a school breakfast program in the following schools based on the cumulative analysis of school lunch participation for the month of April of the preceding school year:
      1. Every school that contains kindergarten through grade eight (K-8) in which twenty-five percent (25%) or more of the students participated in the school lunch program at a free or reduced price; and
      2. In every school that does not contain a kindergarten through grade eight (K-8) in which forty percent (40%) or more of the students participated in the school lunch program at a free or reduced price.
  2. Each LEA operating a school breakfast program pursuant to this part shall be reimbursed by the state for any additional expenses to that agency that are incurred as a result of implementation of this part.
  3. The school breakfast program shall automatically terminate if federal funding for such program ceases.


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