Chapter 3301-91 Standards for School Lunch and Breakfast Programs

3301-91-01 Eligibility for receiving state matching funds.

State funds appropriated to meet the federal matching requirement as provided for by the Richard B. Russell National School Lunch Act, 60 Stat. 230 (1946), 42 U.S.C. 1751 (December 13, 2010) and the Child Nutrition Act of 1966, 80 Stat. 885, 42 U.S.C. 1771 (December 13, 2010) shall be distributed to city, exempted village, local, joint vocational/career-technnical center and community schools that have participated in the national school lunch program in the months schools were in session during the preceding school year , that claimed free meals in the prior program year, and that have a national school lunch program application approved for the current program year.

Effective: 04/26/2012
R.C. 119.032 review dates: 02/08/2012 and 04/26/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3313.813
Rule Amplifies: 3313.813 , 3317.024
Prior Effective Dates: 12/31/76, 10/1/88, 12/21/2007

3301-91-02 Schedule of payments.

State funds appropriated in each fiscal year to match federal funds shall be distributed to school districts to assist in providing free lunches to needy children in nine monthly payments beginning in September of the fiscal year for which the funds are appropriated.

R.C. 119.032 review dates: 12/02/2009 and 12/02/2014

Promulgated Under: 119.03

Statutory Authority: 3301.07 , 3313.813 , 3317.024

Rule Amplifies: 3301.07 , 3313.813 , 3317.024

Prior Effective Dates: 12/31/76, 10/1/88; 3/19/04

3301-91-03 Report required.

Each board of education participating in the National School Lunch Program shall report monthly the number of free lunches served by the district each month. The monthly report shall be submitted not later than the tenth of each month following the month being reported.

R.C. 119.032 review dates: 12/02/2009 and 12/02/2014

Promulgated Under: 119.03

Statutory Authority: 3301.07 , 3317.024

Rule Amplifies: 3317.024

Prior Effective Dates: 12/31/76, 3/19/04

3301-91-04 Calculation of payment.

The funds appropriated to meet the federal matching requirement as described in rule 3301-91-01 of the Administrative Code shall be divided by the total number of free lunches served by city, exempted village, local, joint vocational/career-technnical center and community schools in the state during the preceding school year. The quotient shall be multiplied by the total number of free lunches served by each school district during the same period to determine the amount to be paid the school district.

Effective: 04/26/2012
R.C. 119.032 review dates: 02/08/2012 and 04/26/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3313.813
Rule Amplifies: 3313.813 , 3317.024
Prior Effective Dates: 12/31/76, 10/1/88, 12/21/2007

3301-91-05 Amount for equipment.

State monies for basic food service equipment purchase shall be allocated to school districts to provide such equipment in buildings which do not have facilities or do not provide food service and to replace or supplement existing equipment in other buildings. First priority shall be granted to districts that have schools which do not have food service facilities. Second priority shall be granted to districts to replace or supplement equipment. Within each priority available funds shall be used to fund equipment for the districts with the highest percentages of free lunches served to pupils.

R.C. 119.032 review dates: 12/02/2009 and 12/02/2014

Promulgated Under: 119.03

Statutory Authority: 3301.07 , 3317.024

Rule Amplifies: 3317.024

Prior Effective Dates: 12/13/76; 3/19/04

3301-91-07 Appeal for extension of time for compliance.

If a school district cannot comply with the deadlines prescribed in section 3313.813 of the Revised Code, an appeal must be made to the State Board of Education defining the paragraph of the section being appealed. The following data must be provided to describe the circumstances which preclude compliance:

(A) Statement of reason(s) for requesting an extension of time to comply with the prescribed deadlines.

(B) The schools in the district and number of children for which breakfast and lunch are available.

(C) The average daily membership and the number of children eligible for free and reduced-price meals in each school for which the appeal is submitted.

(D) The criteria used for determining the number of children eligible.

(E) The date by which compliance will be accomplished.

R.C. 119.032 review dates: 12/20/2011 and 12/20/2016
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3313.813
Rule Amplifies: 3313.813
Prior Effective Dates: 12/31/76

3301-91-08 Criteria for granting extension of time.

Requests for an extension of time to comply with the provisions of section 3313.813 of the Revised Code shall be evaluated on the basis of the following criteria:

(A) Availability of facilities for preparing and serving meals.

(B) Adequacy of financial resources to fund a meal service from local, state and federal sources.

(C) Availability of time for providing breakfast and lunch in the school day.

(D) Reasonableness of the requested time extension to accomplish compliance.

R.C. 119.032 review dates: 12/20/2011 and 12/20/2016
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3313.813
Rule Amplifies: 3313.813
Prior Effective Dates: 12/31/76

3301-91-09 Guidance for approving food to be sold in schools.

To comply with section 3313.814 of the Revised Code, each school district board of education and chartered nonpublic school governing authority shall adopt and enforce standards that shall be used as the basis for approving all food and beverages to be sold in schools and establishing a time and place for such approved food and beverages to be sold. Such standards shall comply with sections 3313.816 and 3313.817 of the Revised Code, but nothing in this rule shall prohibit the standards from being more restrictive than otherwise required by those sections. The following criteria may be used as guidance for establishing standards :

(A) Consider the nutritional value of each food or beverage. The types of food and beverages sold in schools shall be determined as to their potential to contribute significantly to the daily nutritional needs of children and to enhance the school district's nutrition philosophy and nutrition education curriculum.

(B) Establish the time of day and place for sale of food and beverages. The time of day and place for the sale of food and beverages to students shall be consistent with the nutrient intake needs and eating patterns of students and compatible with class schedules for schools within the district and comply with sections 3313.814 , 3313.816 , and 3313.817 of the Revised Code. Separate standards may be established for the types of food and beverages to be sold to staff members .

(C) Approve provisions through resolution. Each board of education and chartered nonpublic school governing authority shall approve the types of food and beverages to be sold and determine when and where such food and beverages will be sold through board or governing authority resolution. Each board of education or governing authority should provide opportunity for input from members of the community, including students, parents, nutritionists and school personnel, on the sale of food and beverages in schools.

Effective: 04/26/2012
R.C. 119.032 review dates: 02/08/2012 and 04/26/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3313.814 , 3313.814 , 3313.817
Rule Amplifies: 3313.814 , 3313.816 , 3313.817
Prior Effective Dates: 9/24/79