(2) For schools that offer reimbursable breakfast and lunch free of charge to all students of the school based on the school’s or school district’s categorical eligibility to provide reimbursable breakfast and lunch free of charge without consideration of individual eligibility for free or reduced price meals, the amount of reimbursements provided under this section may not exceed the difference between:

(a) The reimbursement rate established by the United States Department of Agriculture for reimbursable meals; and

(b) Any amounts otherwise reimbursed or paid by state, federal or other sources.

(3) For schools that are not eligible to offer reimbursable breakfast and lunch free of charge as described in subsection (2) of this section but that provide reimbursable breakfast or lunch free of charge to students from households with incomes that do not exceed 300 percent of the federal poverty guidelines, the amount of reimbursements provided under this section may not exceed the difference between:

(a) The actual amount that a student would have been required to pay for the breakfast or lunch, taking into consideration if the student qualified for a free or reduced price lunch; and

(b) Any amounts otherwise reimbursed or paid by state, federal or other sources.

(4) The State Board of Education may adopt any rules necessary for making reimbursements under this section. [2019 c.122 §30]

Note: 327.545 becomes operative July 1, 2020, and applies to costs incurred on or after July 1, 2020. See section 31, chapter 122, Oregon Laws 2019.