§192. Lunches and breakfasts; duty to furnish

            A. Lunches shall be furnished to the school children of the state under the supervision and regulation of the State Board of Elementary and Secondary Education, taking into consideration the nutritional needs of the children, the distance traveled from home to school, and student enrollment.

            B.(1) The governing authority of each public elementary and secondary school shall participate in the national school breakfast program provided by the Child Nutrition Act of 1966, Section 4 (42 U.S.C. Section 1773), by furnishing free or reduced-price breakfasts in accordance with such program to all eligible students in the schools under its jurisdiction if at least twenty-five percent of the students enrolled in one or more of the schools under its jurisdiction are eligible for such program. The governing authority of each public elementary and secondary school shall prescribe a method for determining the percent of students in each school under its jurisdiction eligible for the program for each school year and shall report the results of such determination to the state superintendent of education on an annual basis by no later than the beginning of each school year.

            (2) In any school eligible to participate in the program provided in Paragraph (1) of this Subsection, if at least fifty percent of the eligible students refuse to participate in such program during any year as demonstrated by sufficient proof to the state Department of Education, the State Board of Elementary and Secondary Education may grant a waiver from the requirements of this Subsection to such school.

            (3)(a) Notwithstanding any provision of law to the contrary, an eligible student shall be provided breakfast and lunch at no cost to the student.

            (b) For purposes of this Paragraph, an eligible student is a student in grades kindergarten through twelve who meets the federal eligibility guidelines for reduced price meals by household size and income levels pursuant to the School Breakfast Program and National School Lunch Program.

            (c) For each breakfast or lunch served free of charge in accordance with this Paragraph, the state Department of Education shall reimburse the governing authority of a school nutrition program for each meal served an amount equal to the difference between the reimbursement rates for a free meal and a reduced-priced meal as annually determined by the United States Department of Agriculture.

            Acts 1991, No. 491, §1, eff. July 15, 1991; Acts 2009, No. 279, §1; Acts 2023, No. 305, §1, see Act for effectiveness.