3314.18 Breakfast and lunch programs - Summer extension.

(A) Subject to division (C) of this section, the governing board of each community school shall establish a breakfast program pursuant to the “National School Lunch Act,” 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the “Child Nutrition Act of 1966,” 80 Stat. 885, 42 U.S.C. 1771, as amended, if at least one-fifth of the pupils in the school are eligible under federal requirements for free breakfasts, and shall establish a lunch program pursuant to those acts if at least one-fifth of the pupils are eligible for free lunches. The governing board required to establish a breakfast program under this division may make a charge in accordance with federal requirements for each reduced price breakfast or paid breakfast to cover the cost incurred in providing that meal.

(B) Subject to division (C) of this section, the governing board of each community school shall establish one of the following for summer intervention services described in division (D) of section 3301.0711 and section 3313.608 of the Revised Code and any other summer intervention program required by law:

(1) An extension of the school breakfast program pursuant to the “National School Lunch Act” and the “Child Nutrition Act of 1966”;

(2) An extension of the school lunch program pursuant to those acts;

(3) A summer food service program pursuant to those acts.

(C) If the governing board of a community school determines that, for financial reasons, it cannot comply with division (A) or (B) of this section, the governing board may choose not to comply with either or both divisions. In that case, the governing board shall communicate to the parents of its students, in the manner it determines appropriate, its decision not to comply.

(D) The governing board of each community school required to establish a school breakfast, school lunch, or summer food service program under this section shall apply for state and federal funds allocated by the state board of education under division (B) of section 3313.813 of the Revised Code and shall comply with the state board’s standards adopted under that division.

(E) This section does not apply to internet- or computer-based community schools.

Effective Date: 06-30-2006