(A) The board of education of each
school district is required to establish a breakfast program in every school
where at least one-fifth of the pupils in the school are eligible under federal
requirements for free breakfast and is required to establish a lunch program in
every school where at least one-fifth of the pupils are eligible for free
lunches
(B) The board of education of each school
district is required to establish a breakfast program in every school in which
the parents of at least one-half of the children enrolled in the school have
requested that the breakfast program be established.
(C) If a school district cannot comply
with the requirements prescribed in section 3313.813 of the Revised Code, an
appeal must be made to the department of education and workforce defining the
paragraph of the section being appealed. The following data must be provided to
describe the circumstances which preclude compliance:
(1) Statement of
reason(s) for requesting an extension of time to comply with the prescribed
deadlines.
(2) The schools in the
district and number of children for which breakfast and lunch are
available.
(3) 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.
(4) The criteria used for
determining the number of children eligible.
(5) The date by which
compliance will be accomplished.
(D) 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:
(1) Availability of
facilities for preparing and serving meals.
(2) Adequacy of financial
resources to fund a meal service from local, state and federal
sources.
(3) Availability of time
for providing breakfast and lunch in the school day.
(4) Reasonableness of the
requested time extension to accomplish compliance.
(E) If the board of education of a school
district does not comply with paragraph (A) of this rule in accordance with
division (C)(4)(b) of Ohio Revised Code section 3313.813, the district board is
required to establish a breakfast program in every school where at least
one-third of the pupils in the school are eligible under federal requirements
for free breakfast and is required to establish a lunch program in every school
where at least one-third of the pupils are eligible for free lunches. The
district board may make a charge in accordance with the definition of reduce
price in 7 CFR 220.2 (September 28, 2016) for each reduced price breakfast or
paid breakfast to cover the cost incurred in providing that meal.
(F) If a school district cannot for good
cause comply with the requirements of division 3313.813(C)(2) or (C)(4)(b) or
(c) of the Revised Code at the time the department of education and workforce
determines that a district is subject to these requirements, the district is to
be granted a reasonable extension of time. Good cause for an extension of time
will include, but need not be limited to, economic impossibility of compliance
with the requirements at the time the department of education and workforce
determines that a district is subject to division 3313.813(C)(4)(d) of the
Revised Code.
