1. School boards may use gifts, funds disbursed to them under the provisions of this chapter, funds received from sale of school breakfasts or lunches, and any other funds legally available for the purpose of operating a school breakfast or lunch program.
2. All school districts shall operate or provide for the operation of school lunch programs at all public schools in each district. The programs shall provide students with nutritionally adequate meals and shall be operated in compliance with the rules of the state board of education and pertinent federal rules, for all students in each district who attend public school four or more hours each school day and wish to participate in a school lunch program. School districts may provide school lunch programs for other students.
3. Effective July 1, 1999, all school districts shall operate or provide for the operation of school breakfast programs at all public schools in each district. The programs shall provide students with nutritionally adequate meals and shall be operated in compliance with the rules of the state board of education and pertinent federal law and regulation, for all students in each district who attend public school and who wish to participate in a school breakfast program. A school or school district unable to meet the requirement to provide a school breakfast program may, not later than June 1, 1999, for the school year beginning July 1, 1999, file a written request to the department of education that the department waive the requirement for that school or school district. The written request shall include the reason for which the waiver is being requested. The state board shall evaluate the application for waiver, determine the validity of the reason for which the waiver is being requested, and grant or deny the application for waiver. The state board shall establish criteria for determination of the validity of reasons for waiver of the requirement that school breakfast programs be operated at each school. However, the state board shall not waive the school breakfast program requirement for a school if thirty-five percent or more of the students in attendance at the school during the month of March 1999 were eligible for free or reduced price meals under the federal National School Lunch Act and the federal Child Nutrition Act of 1966, 42 U.S.C. § 1751--;1785.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 283A.2]
90 Acts, ch 1152, §3; 94 Acts, ch 1193, §24
For amendments to subsection 2 effective July 1, 2000, see 94 Acts, ch 1193, §24, 38 ~ISubsection 3 to be stricken effective July 1, 2000; 94 Acts, ch 1193, §36
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