Virginia Law

A. Local education agencies shall manage the scholastic records of all students in compliance with applicable law, including National School Lunch Program (7 CFR 210); School Breakfast Program (7 CFR 220); Determining Eligibility For Free And Reduced Price Meals And Free Milk In Schools (7 CFR 245); and §§ 22.1-79.7:1, 22.1-207.2:2, and 22.1-207.3 of the Code of Virginia.

B. Public schools are required to participate in the federal funded School Breakfast Program. Each school board 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."

C. Each school board shall submit a plan to comply with the provisions of § 22.1-207.3 of the Code of Virginia. Those school boards that include all required schools in the "Agreement to Participate" are deemed to have satisfied this provision.

D. Each school board must submit to the Department of Education the number and socioeconomic characteristics of school-age children eligible for meal benefits under the federal guidelines for any school that does not provide the federally funded National School Lunch Program.

E. A school's food services, including kitchen and dining areas, must meet, at a minimum, all applicable state and federal regulations for meal preparation, service, and food consumption.

F. School breakfast programs will be evaluated for nutritional and financial integrity, accountability, and benefits for students through reviews prescribed by federal regulation and through Department of Education assessments.

G. Complaints received from parents or students or appeals concerning a student's eligibility for meal benefits shall be processed by a school or school board official. If unresolved, appeals by the complainant shall follow the prescribed procedures in the "Policy Statement for Free and Reduced Price Meals."

H. The breakfast program may be provided before the school day begins or during a scheduled morning break. It is recommended that students have a minimum of two hours between breakfast and lunch whenever possible. Students must be provided a minimum of 10 minutes to eat breakfast after the meal is served.

I. All foods that are sold from 6 a.m. until after the close of the last breakfast service period must be of sound nutritional value and contribute significantly to student nutritional needs as identified in current Recommended Dietary Allowances, which can be found at https://ods.od.nih.gov/HealthInformation/nutrientrecommendations.aspx. The income from any food sales during this period shall accrue to the school food service.