Mo. Code Regs. Ann. tit. 5, § 30-680.010
PURPOSE: The State Board of Education (board) is authorized and directed to cooperate with the secretary of agriculture to administer programs to provide meals to students. This rule establishes the regulations for the establishment, maintenance, and operation of the national school meals program, including: determining eligibility for Free and Reduced Price Meals and Milk in Schools; the National School Lunch Program; and the School Breakfast Program.
PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) The Department of Elementary and Secondary Education (department) is authorized and directed to cooperate with the secretary of agriculture to administer programs to provide meals to students in the following programs:
(A) Determining Eligibility for Free and Reduced Price Meals and Milk in Schools.
responsibilities, as outlined in 7 CFR part 245, which is used to determine eligibility and establish procedures for extending free and reduced price meals and free milk to eligible children from economically needy families. Specific areas in this rule include eligibility standards, public announcements, applications, hearing procedures, and nondiscrimination practices. This rule enables the department to calculate students in districts that elect other Special Provision Options to include Provision 1, Provision 2, and Provision 3 in the same manner as is used for the United States Department of Agriculture (USDA) Community Eligibility Option as stated in section 163.011(6), RSMo;
(B) Administration of the National School Lunch Program.
responsibilities, as outlined in 7 CFR part 210, for the administration of the National School Lunch Program including, but not limited to, requirements for participation, requirements for lunches, free and reduced price lunches, reimbursement payments, management evaluations, and audits; and
(C) School Breakfast Program.
responsibilities, as outlined in 7 CFR part 220, for the administration of the School Breakfast Program, and as also outlined in sections 191.800-191.815, RSMo.
gram, as authorized by 42 U.S.C. section 1773, shall be established in each public school district in the state in each school under its authority in which thirty-five percent (35%) or more of the students enrolled in the school were eligible for free or reduced price meals on October 1 of the preceding school year.
within a school district where the percentage of students approved to receive free or reduced price school meals is thirty-five percent (35%) or more of the enrollment as of October 1, the School Breakfast Program must be established by July 1 of the following school year.
requirement, as of October 1 of each school year for each school which does not operate the School Breakfast Program, the school district must determine the enrollment of the school, the number of students approved according to federal guidelines to receive free or reduced price school meals, and the percentage of students enrolled in the school approved to receive free or reduced price school meals. The percentage of students approved to receive free or reduced price school meals is obtained by dividing the total number of students approved to receive free or reduced price school meals by the enrollment.
determination for each school which does not operate the School Breakfast Program shall be provided to the department on a form as may be required by the department no later than February 1 of each year. This documentation also shall be maintained at the school district office and shall be made available for review by interested individuals.
records relating to the School Breakfast Program participation requirement will be made by representatives of the department during school food service on-site reviews. School 5 CSR 30-680
districts determined not to be in compliance with the School Breakfast Program participation requirement will be given sixty (60) days to initiate the School Breakfast Program in schools where required or request a School Breakfast Program waiver as outlined in paragraph (1)(C)2.
tion Waiver.
receive a waiver from the department for the School Breakfast Program requirement described in paragraph (1)(C)1. The board of education of the school district seeking a waiver must adopt by majority vote a resolution requesting a waiver from the School Breakfast Program requirement.
be filed with the department and shall contain the name of the school district, the name(s) of the school(s) to which the waiver applies, the enrollment and number of students approved to receive free or reduced price school meals in each school, a statement indicating the board of education’s reason(s) for the waiver, the date of the board action, the effective date of the waiver, and the signature of the board president, board secretary, or superintendent.
mitted at any time during the year, but should be submitted before July 1. Following department approval, a waiver will be valid for a period of three (3) years. At the end of that time, the request process must be repeated. A board of education may rescind a waiver at any time.
be kept on file at the school district office and made available for review by interested individuals.
Grant Program.
for this purpose, state supplemental funds will be distributed through the School Breakfast Program Hardship Grant Program. Application for School Breakfast Program Hardship Grant Program funds may be made by public school districts participating in the School Breakfast Program to the department any time after July 1 but no later than November 1 of the school year following the year for which supplemental funds are being requested (grant year). Each application shall contain information as may be required to enable the department to dispense funds under the provisions of this rule.
the School Breakfast Program Hardship Grant Program shall be based upon a need factor, which will be the percentage (by school) of free and reduced price student SECONDARY EDUCATION
breakfasts served of total student breakfasts served during the grant year. To determine school priority, a ranking from the highest to the lowest by need factor will be made.
schools, supplemental funds will be distributed to schools according to the student breakfasts served during the grant year. Distribution of funds for breakfasts served will be made in the order of—student free breakfasts, student reduced price breakfasts, and student paid breakfasts. In each instance, the combined funds received by a school per breakfast from all sources, federal, local, and state, shall not exceed the district per breakfast cost.
are appropriated to allow for a complete allocation to schools that apply, a proration of the funds provided will be made. First priority for the allocation of prorated funds will be schools classified under federal guidelines as severe need breakfast schools. Second priority will be schools serving thirty-five percent (35%) or more free and reduced price breakfasts. Third priority will be all other schools that apply. The distribution of funds will be the same as outlined in subparagraph (1)(C)3.C. of this rule, except that funds for free and reduced price meals will be distributed in all levels before being distributed for paid meals.
shall collaborate with other agencies responsible for administering emergency and supplemental food programs in designing and implementing food program outreach activities. Department outreach activities shall be focused on information concerning the School Breakfast Program and may include written materials, brochures, newsletters, news releases, public service announcements, and videos.
*Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 167.201, RSMo 1963; 178.430, RSMo 1963; 191.800–191.813, RSMo 1992; and 191.815, RSMo 1992, amended 1993, 1995.