This rule outlines the criteria for a waiver from the breakfast program:

1. (1) As used in this rule:

   1. (a) "Site" means the school where the children participating in the United States Department of Agriculture (USDA) lunch program are enrolled;
   2. (b) "Lunch" means USDA reimbursable lunch;
   3. (c) "Breakfast" means USDA reimbursable breakfast.
2. (2) A school district may apply to the State Board of Education for a waiver from providing a breakfast program for all or for individual sites if it is financially unable to implement or maintain a breakfast program.

3. (3) A request to the State Board of Education for a waiver shall be made by the local school superintendent or designee and contain at least the following:

   1. (a) A projected revenue and expense statement for one year for the breakfast program including descriptions of each line item;
   2. (b) Copy of one month's menus;
   3. (c) Copy of the staffing pattern for the breakfast program;
   4. (d) Projected breakfast participation levels and the percentage of those qualifying for free, reduced-price and paid meals;
   5. (e) Number of students currently approved for free and reduced price for the National School Lunch Program;
   6. (f) Anticipated breakfast charges for paid and reduced-price meals;
   7. (g) A statement explaining why the school district is financially unable to provide the breakfast program.
   8. (h) Copy of class schedule for each site included in the waiver request.
4. (4) For each request received, the State Superintendent shall make a recommendation to the State Board of Education based on the data submitted by the requesting district.
5. (5) Waiver requests are evaluated by Oregon Department of Education Child Nutrition staff to assist the State Superintendent in making a recommendation. Evaluation may include an on-site visit.
6. (6) The State Board of Education, upon review of the Superintendent's recommendations and data submitted by requesting districts, may grant a waiver for a period not to exceed two years, after which the district may submit a request for an extension of the waiver for an additional year.

Statutory/Other Authority

OL 1991 & Ch. 500

Statutes/Other Implemented

ORS 327.535

History

ODE 18-2004, f. & cert. ef. 8-10-04
EB 13-1992, f. & cert. ef. 4-7-92