PURPOSE: This rule details state and local responsibilities for the administration of the School Breakfast Program including, but not limited to, requirements for participation, reimbursement procedures, records and reports.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensiue. The entire text of the rule has been filed with the secretary of state and is summarized here by the agency adopting it. The entire text of the rule may be found at the headquarters ofthe agency and is available to any interestedperson at a cost established by state law.

1. (1) School Breakfast Program Participation.

   1. (A) By July 1, 1993, the United States Department of Agriculture’s School Breakfast Program, as authorized by 42 USC 1773, shall he 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.
   2. (B) In subsequent years, any school 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 m 5 CSR 30-680-ELEM. & SEC. EDUCATION

SchoolBreakfastProgrammust beestablished by July 1 of the following school year.

1. (C) To determine the participation 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 ofstudents approved to w&e free or reduced price school &&Is by the enrollment. iDi Documentation of the narticination d&&nation for each school w’hich does not operate the School Breakfast Program shall be provided to the Department of Elementary and Secondary Education (DESE) 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.
2. (E) A review of the documentation records relating to the School Breakfast Program participation requirement will be made by representatives of DESE during school food service on.site reviews. School 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 section (2).

1. (2) School Breakfast Program Participation Waiver.

   1. (A) A public school district may receive a waiver from DESE from the School Breakfast Program requirement described in section (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.
   2. (B) A written request for a waiver shall be filed with DESE 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,.
   3. (C) A request for a waiver may be submitted at any time during the year, but should be submitted before July 1. Following DESE 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.
   4. (D) Documentation of the waiver must be kept on file at the school district office and made available for review by interested individuals.

2. (3) School Breakfast Program Hardship Grant Program.

   1. (A) Subjectto appropriationoffunds forthis purpose, state supplemental funds will be distributed throueh the School Breakfast Program Hardship Grant &ogram. Application for School Breakfast Program Hardship Grant Program funds may be made by public school districts participating in the School Breakfast Program to DESE 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 DESE to dispense funds under the provisions of this rule.
   2. (B) Priority for allocating funds under 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 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.
   3. (C) Following the priority ranking of schools, supplemental funds will bedistributed 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.
   4. (D) In the event that insufficient funds 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 subsection (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.

3. (4) Outreach Activities. The state DESE shall collaborate with other agencies responsible for administering emergency and supplemental food programs in designing and implementing food program outreach activities. DESE 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.

   Auth: section 178.430, RSMo i1986).” This rule uas previously filed as 5 CSR 40-680.030. Original rule filed Dec. 24, 1975, effective Jan. 3, 1976. Amended: Filed Sept. J3,1976, effective Jan. I, 1977. Amended: Filed Dec. 27, 1976, effective April II, 1977. Amended: Filed Augg. 16, 1979, effective NW. 12, 1979. Amended: Filed Oct.l1,1979,effectiueJan. 14,198O. Amended: Filed Dec. 7, 1979, effective March14,1980.Amended:Filed March4, 1980, effectiue July 1, 1980. Amended: Filed Nou. 17, 1980, effective March 16, 1981. Amended: Filed Jan. 27, 1981, effective May 12, 1981. Amended: Filed Nou. 6, 1981, e,ffectiue Feb. 15, 1982. Amended: Filed April 26, 1982, effectiue Aug. 13, 1982. Amended: Filed June 7, 1983, effectiue Sept. 12, 1983. Amended: Filed Oct. 5,1983, effectiue Jan. 16,1984. Amended: Filed June 12, 1984, effectiue Sept. 14,1984. Amended: Filed June 28, 1985, effective Oct. 1, 1985. Amended: Filed May 27, 1987, effectiue Aug. 27, 1987. Amended: Filed Sept. 25, 1987, effective Dec. 24, 1987. Amended: Filed April 28, 1989, effectiue July 27, 1989. Amended: Filed Oct. 23, 1991, effective March 3,1992. Amended: Filed Dec. 21, 1992, effectiue Aug. 9, 1993. *Otigginal authority 1963.