(2) A school district may make breakfast accessible at any school site and shall make breakfast accessible if required by this section.

(3) Subject to subsections (4) and (5) of this section, a school district that provides lunch at any school site shall make breakfast accessible as part of a breakfast program if 25 percent or more of the students at the school site are eligible students or the school site qualifies for assistance under Chapter I of Title I of the federal Elementary and Secondary Education Act of 1965.

(4) A school district that makes breakfast accessible as provided under subsection (3) of this section may apply to the Department of Education for a waiver for all or for particular grade levels if the school district is financially unable to implement a breakfast program. The department may grant a waiver to the school district for a period not to exceed two years, after which the school district must reestablish its claim of financial hardship if the waiver is to be extended.

(5) If the per meal federal reimbursement for the breakfast program falls below the 1991 reimbursement levels, a school district may elect to discontinue the program until federal funding is restored to those levels. No waiver is required for such election.

(6) A school district that makes breakfast accessible at any school site shall make breakfast accessible at that school site at no charge to all eligible students. For each breakfast that a school district provides free of charge to a student who is eligible for a reduced price lunch, the department shall provide reimbursement to the school district for the actual amount that a student would have been required to pay for the reduced price breakfast.

(7)(a) Except as provided by subsection (8) of this section, a school district that makes breakfast accessible at a school site may choose to make breakfast accessible at that school site after the beginning of the school day.

(b) Time spent by students consuming breakfast is considered instructional time when students consume breakfast in the students’ classroom and instruction is being provided while students are consuming breakfast. No more than 15 minutes may be considered instructional time when students are consuming breakfast.

(8)(a) If 70 percent or more of the students at a school site are eligible students, the school district must make breakfast accessible at that school site after the beginning of the school day.

(b) A school district that is required to make breakfast accessible as prescribed by paragraph (a) of this subsection must ensure that breakfast is:

(A) Accessible to all students after the beginning of the school day, regardless of grade or arrival time; and

(B) Provided free of charge to all students, regardless of whether a student is an eligible student.

(c) The department shall provide technical assistance to school districts to meet the requirements of this subsection. Technical assistance may include the development of breakfast delivery models.

(d) Notwithstanding paragraph (a) of this subsection, if a school district can demonstrate that 70 percent or more of the eligible students at a school site regularly receive breakfast at the school site without the school district complying with paragraph (a) of this subsection, the school district is not required to comply with paragraph (a) of this subsection.

(9) The State Board of Education may adopt any rules necessary for the implementation of this section. [1991 c.500 §1; 2009 c.885 §49; 2015 c.634 §1; 2019 c.122 §26]

Note: The amendments to 327.535 by section 26, chapter 122, Oregon Laws 2019, become operative July 1, 2020. See section 27, chapter 122, Oregon Laws 2019. The text that is operative until July 1, 2020, is set forth for the user’s convenience. (1) A school district may make breakfast accessible at any school site and shall make breakfast accessible if required by this section. Time spent by students consuming breakfast is considered instructional time when students consume breakfast in the students’ classroom and instruction is being provided while students are consuming breakfast. No more than 15 minutes may be considered instructional time when students are consuming breakfast.

(2) Subject to subsections (3) and (4) of this section, a school district that provides lunch at any school site shall make breakfast accessible as part of a breakfast program if 25 percent or more of the students at the site are eligible for free or reduced price lunches under the United States Department of Agriculture’s current Income Eligibility Guidelines or the school site qualifies for assistance under Chapter I of Title I of the federal Elementary and Secondary Education Act of 1965.

(3) A school district that makes breakfast accessible as provided under subsection (2) of this section may apply to the State Board of Education for a waiver for all or for particular grade levels if it is financially unable to implement a breakfast program. The state board may grant a waiver to the school district for a period not to exceed two years, after which the school district must reestablish its claim of financial hardship if the waiver is to be extended.

(4) If the per meal federal reimbursement for the breakfast program falls below the 1991 reimbursement levels, a school district may elect to discontinue the program until federal funding is restored to those levels. No waiver is required for such election.

(5) A school district that makes breakfast accessible at any school site shall make breakfast accessible at that school site at no charge to all students who are eligible for free or reduced price lunches under the United States Department of Agriculture’s current Income Eligibility Guidelines. For each breakfast that a school district provides free of charge to a student who is eligible for a reduced price lunch, the Department of Education shall provide reimbursement to the school district for the actual amount that a student would have been required to pay for the reduced price breakfast.