Virginia Law

All public schools are eligible to participate in the federally funded School Breakfast Program. Each school board that implements the School Breakfast Program in the schools, voluntarily or as required by state regulation, shall notify the Department of Education of its plan through the renewal of the "Agreement to Participate." Procedures used to implement the School Breakfast Program for all students in the school must be included in the "Agreement To Participate" and the "Policy Statement for Free and Reduced Price Meals."

To determine which schools are required to implement a school breakfast program, the percentage of free and reduced price lunch eligible students shall be based on the number of students determined to be eligible and total membership as of October 31 of the preceding school year. New schools or realigned schools shall use student eligibility and membership data for October 31 of the current school year. Any new or realigned school with 25% or more free or reduced price meal eligible students shall begin a school breakfast program on the first operating day in January of the current school year.

A school board which has any schools not participating in the federally funded National School Lunch Program must determine the number of students potentially eligible for free or reduced price meals according to federal regulations. Such determination may be made using statistical data or socioeconomic demographic data from lower schools that participate in the federally funded National School Lunch Program. This data and student membership as of October 31 will be submitted annually to the Department of Education by December 1 on the prescribed form.