OAR 581-051-0600: Breakfast After the Bell Requirement and Exemption Process

(1) As used in this section: (a) “Breakfast” means a reimbursable breakfast provided through the federal School Breakfast Program. (b) “Eligible student” means a student who is eligible for free or reduced price meals under the United States Department of Agriculture’s guidelines. (c) “School district” means an Oregon common school district, joint school district, union high school district, education service district, or public charter school. (2)(a) If, in the second preceding school year, 70 percent or more of the students at a school site were eligible students, then a school district must make breakfast accessible at that school site after the beginning of the school day. If eligibility data from the second preceding school year is unavailable, the most current applicable available data will be used. (b) A school district that must make breakfast accessible after the beginning of the school day under this subsection must ensure that the breakfast is: (A) Accessible to all students after the beginning of the school day, regardless of a student’s grade or arrival time; and (B) Provided free of charge to all students, regardless of whether a student is an eligible student. (c) As used in this subsection, “arrival time” means the time of day, prior to the start of the school site’s lunch service, when the student has arrived on campus for the purpose of attending classes or participating in school activities. (3) Notwithstanding subsection (2) of this section, a school district: (a) Is not required to make breakfast accessible to a student after the beginning of the school day if the student does not arrive at the school site at least 30 minutes before the start of the school site’s lunch service. (b) May claim an exemption from the requirement to make breakfast accessible after the beginning of the school day at a school site if the district can demonstrate that 70 percent or more of the eligible students regularly receive breakfast at the school site, even though the district does not make breakfast accessible at that site after the beginning of the school day. (4)(a) The department will announce the school sites that are eligible for an exemption from the requirement to make breakfast accessible after the beginning of the school day. (b) School districts claiming an exemption from the requirement to make breakfast accessible after the beginning of the school day must notify the department using the notification form and procedure published by the department. (c) Eligible school sites that claim an exemption from the requirement to make breakfast accessible after the beginning of the school day are exempt from complying with the requirement during the applicable school year. (5) If a school district claimed an exemption on behalf of a school site that is not eligible to receive one, then the department will notify the district in writing and the school site must comply with the requirement to make breakfast accessible after the beginning of the school day. (6) Beginning in the 2020-21 school year, school districts subject to the requirement in subsection (2) of this section must make breakfast accessible after the beginning of the school day.