Oregon Revised Statutes Chapter 327 § 327.535 — Participation in school breakfast program; accessibility of breakfast; rules

Participation in school breakfast program; accessibility of breakfast; rules. (1) As used in this section, “eligible student” means a student who is eligible for free or reduced price meals under the United States Department of Agriculture’s National School Lunch Program or School Breakfast Program. (2) A school district may make breakfast accessible at any school site and shall make breakfast accessible if required by this section. (3) Subject to subsections (4) and (5) of this section, a school district that provides lunch at any school site shall make breakfast accessible as part of a breakfast program if 25 percent or more of the students at the school site are eligible students or the school site qualifies for assistance under Chapter I of Title I of the federal Elementary and Secondary Education Act of 1965. (4) A school district that makes breakfast accessible as provided under subsection (3) of this section may apply to the Department of Education for a waiver for all or for particular grade levels if the school district is financially unable to implement a breakfast program. The department may grant a waiver to the school district for a period not to exceed two years, after which the school district must reestablish its claim of financial hardship if the waiver is to be extended. (5) If the per meal federal reimbursement for the breakfast program falls below the 1991 reimbursement levels, a school district may elect to discontinue the program until federal funding is restored to those levels. No waiver is required for such election. (6) A school district that makes breakfast accessible at any school site shall make breakfast accessible at that school site at no charge as provided by ORS