Administrative Code

Virginia Administrative Code
6/15/2021

Chapter 580. Regulations for the School Breakfast Program

8VAC20-580-10. Required schools.

Upon authorization and appropriation of federal funds by the Congress of the United States, each school board must establish a school breakfast program in each public school in which 25% or more of the currently enrolled children are determined to be eligible to receive free or reduced price meals in the federally funded school lunch program during the previous school year.

Statutory Authority

§§ 22.1-16 and 22.1-207.3 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0059 § 1, eff. July 1, 1994.

8VAC20-580-20. School eligibility.

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.

Statutory Authority

§§ 22.1-16 and 22.1-207.3 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0059 § 2, eff. July 1, 1994.

8VAC20-580-30. Student eligibility.

Student eligibility for free, reduced price or paid meal benefits shall be determined using the annual guidelines established by the U.S. Department of Agriculture and published in the Federal Register.

Statutory Authority

§§ 22.1-16 and 22.1-207.3 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0059 § 3, eff. July 1, 1994.

8VAC20-580-40. Exemptions.

A public school, required by state regulation to provide the federally funded School Breakfast Program or like program, may apply for an exemption. Schools may petition the Board of Education for a waiver to the school breakfast program requirement after providing a breakfast program for four months. Such petition shall include documentation of the school administration's efforts to (i) encourage students to eat breakfast through bus and class scheduling and feasible access, (ii) provide information on the value of eating breakfast, (iii) determine from parents or guardians whether the school breakfast program is needed, and (iv) ascertain whether the program is cost effective in such situations. Waivers will apply only for the current and two subsequent school years.

Statutory Authority

§§ 22.1-16 and 22.1-207.3 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0059 § 4, eff. July 1, 1994.

8VAC20-580-50. Reporting requirements; federally funded programs; nonfederally funded programs.

A. Section 22.1-207.3 of the Code of Virginia requires that all school boards submit a plan to comply with the provisions of the statute. Those school boards which include all required schools in the "Agreement to Participate" are deemed to have satisfied that provision.

B. Each school board that provides the federally funded School Breakfast Program shall submit the number of eligible students for free and reduced price meals and total membership through its monthly school claims for reimbursement submitted to the Department of Education and in the annual "Agreement to Participate."

C. Each school board that offers a nonfederally funded breakfast program in one or more schools shall report to the Department of Education on a prescribed form the number of students provided free or reduced price breakfasts and total membership for October 31 and June 1 of each school year.

Beginning June 30, 1995, and each year thereafter, 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 which does not provide the federally funded National School Lunch Program.

Statutory Authority

§§ 22.1-16 and 22.1-207.3 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0059 § 5, eff. July 1, 1994.

8VAC20-580-60. Food service standards.

Each school will comply with the applicable federal regulations including, but not limited to, 7 CFR 220 and 245, when implementing a breakfast program.

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.

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.

All foods which 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 students' nutritional needs as identified in current Recommended Dietary Allowances. The income from any food sales during this period shall accrue to the school food service.

Statutory Authority

§§ 22.1-16 and 22.1-207.3 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0059 § 6, eff. July 1, 1994.

8VAC20-580-70. Program evaluations.

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.

Statutory Authority

§§ 22.1-16 and 22.1-207.3 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0059 § 7, eff. July 1, 1994.

8VAC20-580-80. Complaints and appeals.

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."

Statutory Authority

§§ 22.1-16 and 22.1-207.3 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0059 § 8, eff. July 1, 1994.

8VAC20-580-90. Parent notification.

Notification to parents and guardians of the availability of a school breakfast program and the free and reduced price meal benefits shall be made in writing prior to or at the beginning of each school year. Applications for benefits must be distributed to all households of enrolled students and processed in a confidential manner.

Statutory Authority

§§ 22.1-16 and 22.1-207.3 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0059 § 9, eff. July 1, 1994.

8VAC20-580-100. Nutrition education.

Schools shall provide teachers, children, parents or guardians nutrition information on the relationship between nutrition, learning, and health. This may be accomplished through the following:

1. Children: educational experiences or information in the classroom and cafeteria;

2. Teachers: educational meetings, seminars, newsletters, or provision of resource materials; and

3. Parents: educational sessions, newsletters or brochures.

Statutory Authority

§§ 22.1-16 and 22.1-207.3 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0059 § 10, eff. July 1, 1994.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.