§ 38–822.03. Additional requirements for public school meals.
(a)(1) Public schools, public charter schools, and participating private schools shall offer free breakfast to all students.
(2) If more than 40% of the students at a school qualify for free or reduced-price meals:
(A) A public elementary school, public charter elementary school, and participating private elementary school shall offer breakfast in the classroom each day, except as provided in paragraph (3)(A) of this subsection;
(B) A public middle and high school, public charter middle and high school, and participating private middle and high school shall offer alternative breakfast serving models each day; and
(C) The requirements of this paragraph shall not apply to a public school or a public charter school in which the school’s current breakfast participation rate, without breakfast-in-the-classroom, exceeds 75% of its average daily attendance.
(3)(A) The Office of the State Superintendent of Education may grant a waiver to an elementary school required to serve breakfast in the classroom under paragraph (2)(A) of this subsection for one school year if the school food authority, as defined in 7 C.F.R. § 210.2, submits a written action plan to the Office of the State Superintendent of Education showing a strategy to utilize an alternative breakfast serving model that will enable the school to reach the breakfast participation rate in paragraph (2)(C) of this subsection.
(B) Elementary schools that do not demonstrate incremental progress toward meeting the participation rate in paragraph (2)(C) of this subsection upon completion of the one school year waiver period shall implement breakfast in the classroom at the start of the following school year.
(b) Public schools, public charter schools, and participating private schools shall:
(1) Not charge students for meals if the students qualify for reduced-price meals;
(2) Provide meals that meet the dietary needs of children with diagnosed medical conditions as required by a physician;
(3) Solicit input from students, faculty, and parents, through taste tests, comment boxes, surveys, a student nutrition advisory council, or other means, regarding nutritious meals that appeal to students;
(4) Promote healthy eating to students, faculty, staff, and parents;
(5) Provide at least 30 minutes for students to eat lunch and sufficient time during the lunch period for every student to pass through the food service line; and
(6) Participate in federal nutritional programs and Child Nutrition U.S. Department of Agriculture foods program whenever possible.
(c) Public schools, public charter schools, and participating private schools shall make cold, filtered water available free to students, through water fountains or other means, when meals are served to students in public schools, public charter schools, and participating private schools.
(d)(1) Public schools, public charter schools, and participating private schools are strongly encouraged to establish share tables.
(2) A summary of share table participation shall be included in the report required pursuant to § 38-823.03.