1. (a) For the purposes of this rule, students under the jurisdiction of a school shall include all students enrolled in preschool or kindergarten within a building controlled by the school district.
2. (b) The local school board or local board of directors of a public school district shall require that each school makes a meal available during school hours to every student under its jurisdiction, in accordance with RSA 189:11-a, I-II.
3. (c) Preschool-aged students receiving limited special education services under an IEP that do not overlap with a scheduled mealtime of the school shall be exempt from the meal requirements in (b) above.
4. (d) A school district may request a waiver from the requirements set forth in (b) above to the state board for an entire school or for any educational program provided within the school district.

5. (e) Such request for a waiver shall include:

   1. (1) The school and grades for which the school board is seeking the waiver;
   2. (2) The reason(s) the waiver is being requested;
   3. (3) The length of the requested waiver;
   4. (4) Steps that the local school board or board of directors will take to ensure compliance with the requirements of RSA 189:11-a, I-II and these rules; and
   5. (5) The date when the waiver is likely to no longer be required.
6. (f) A waiver shall be approved if the state board determines that the school district has reasonable basis that is not inconsistent with the purpose of RSA 189:11-a and this section, after reviewing the information from the waiver request provided in (e) above, for not being able to satisfy the requirements of RSA 189:11-a, I-II and in (b) above.
7. (g) The state board shall not approve a waiver to exceed one year from the date of the approval of the waiver request.
8. (h) Nothing contained in these rules shall prohibit any school district from seeking a waiver request in a subsequent year if the requirements set forth in RSA 189:11-a, I-II and (b) above were not satisfied during the approved waiver period.

9. (i) The local school board shall provide a qualified individual(s) to:

   1. (1) Oversee the operation of school meals;
   2. (2) Maintain proper resources that meet state and federal regulations; and
   3. (3) Maintain state health requirements for each school site within the district.
10. (j) All food service employees shall, within their first year of employment, obtain a certificate of completion for an approved sanitation course.
11. (k) Students shall be provided with an adequate time to consume meals in each elementary, middle, and high school in accordance with the federal Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265).
12. (l) If a waiver is granted pursuant to (f) above due to inadequate space, the school district shall make provisions in the next school physical plant expansion provisions to house a food service preparation and consumption area that is in compliance with Ed 321.03(r).
13. (m) Any school choosing a standard for foods available at school which is not consistent with the USDA standard for Child Nutrition Programs shall request a waiver from the department. The department shall evaluate the alternative standards and shall grant the waiver if the alternative standards are determined to be equivalent to the nutrition standards of 7 CFR Part 210.

Source. (See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24