1. (1)(a) An LEA board may request a waiver from some or all of the requirements of Subsection 53G-9-205.1(2) by filing a written request.

   1. (b) A written request under Subsection (1)(a) shall include:

      1. (i) verification that the LEA board voted to request the waiver in an open meeting;
      2. (ii) the requirements as described in Subsection 53G-9-205.1(2) for which the LEA is seeking a waiver;

      3. (iii) documentation demonstrating the logistical or financial hardship resulting in the need for a waiver including:

         1. (A) cost benefit analysis showing reimbursement will not fully cover anticipated costs;
         2. (B) facility capacity unable to support food service needs;
         3. (C) documentation related to recommendations as outlined in Subsection 53G-9-205(1)(b); or
         4. (D) other data demonstrating logistical or financial hardship;
      4. (iv) possible solutions to mitigate the future need for a waiver; and
      5. (v) alternative practices to ensure the LEA's free and reduced lunch student population has the most access possible to nutrition programs during regular school hours.
2. (2) An LEA shall submit a separate waiver for each school within the LEA that the LEA seeks to exempt from the requirements of Subsection 53G-9-205.1(2).
3. (3) An LEA that satisfies the requirements of Subsection 53G-9-205.1(2)(d)(ii) is exempt from needing to apply for a waiver.
4. (4) The Superintendent shall establish a review committee that consists of three or more members from relevant staff.
5. (5) The review committee shall review a waiver request for approval or denial within 30 days of receipt of the waiver request.
6. (6) If the review committee denies an LEA's waiver request, an LEA may appeal to the Board in writing within ten calendar days of notice of denial.
7. (7) A waiver granted under Rule R277-723 expires at the end of the school year for which the waiver was granted.
8. (8) An LEA may create an implementation plan as part of the LEA's efforts to mitigate the need for a future waiver.
9. (9) The Superintendent may provide additional supports and resources to an LEA for the purposes of creating an implementation plan.
10. (10) An LEA may implement alternative breakfast service models before the LEA's waiver has expired.

KEY: Start Smart Utah; breakfast after the bell; breakfast

Date of Last Change: November 21, 2025

Notice of Continuation: September 15, 2025

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)