New Jersey Statutes 18A:33-14a. School breakfast, minimum nutritional standards, eligibility
Terms Used In New Jersey Statutes 18A:33-14a
- Categorically eligible: means that a student is homeless, is a migrant child, is a runaway child, is a foster child, or is a Head Start child, as defined in 7 C. See New Jersey Statutes 18A:33-3.2
- Department: means the State Department of Education. See New Jersey Statutes 18A:1-1
- District: means a school district. See New Jersey Statutes 18A:1-1
- Federally eligible for free or reduced price meals: means that a student is categorically eligible for free lunch under the National School Lunch Program or for free breakfast under the federal School Breakfast Program, or that the student satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C. See New Jersey Statutes 18A:33-3.2
- Federally ineligible for free or reduced price meals: means that a student is not categorically eligible for, and fails to satisfy federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C. See New Jersey Statutes 18A:33-3.2
- Income-eligible: means that a student either satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C. See New Jersey Statutes 18A:33-3.2
- School breakfast program: means a program that is established and operated by a public or nonpublic school, in accordance with the requirements of the federal School Breakfast Program and, in the case of a public school, in accordance with a plan adopted pursuant to section 2 of P. See New Jersey Statutes 18A:33-3.2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Student: means a child 18 years of age or younger who is enrolled at a school in the State. See New Jersey Statutes 18A:33-3.2
(2) Free or reduced price breakfasts, as appropriate, shall be offered, under a school breakfast program or a breakfast after the bell program, to all enrolled students who are determined to be federally eligible for free or reduced price meals. As provided by section 1 of P.L.2019, c.445 (C. 18A:33-21.1), any student who is eligible for a reduced price breakfast, pursuant to federal income eligibility criteria, shall not be required to pay for such breakfast. Free breakfasts shall also be offered to each enrolled student who is federally ineligible for free or reduced price meals, but who has an annual household income that is not less than 186 percent, and not more than 199 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C. 18A:33-21b1).
b. The State shall provide funding to each school that operates a School Breakfast Program or a breakfast after the bell program, as may be necessary to reimburse the costs associated with the school’s provision of free breakfasts, pursuant to subsection a. of this section, to students who are federally ineligible for free or reduced price meals.
c. The Department of Agriculture, in consultation with the Department of Education, shall annually prepare and issue, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C. 52:14-19.1), to the Legislature, a written report that identifies, for each school and school district in the State:
(1) the methods that are being used by each such school or school district to facilitate the prompt identification and subsidized meal certification of students who are categorically eligible or income-eligible for free or reduced price breakfast under the federal School Breakfast Program;
(2) the number and percentage of income-eligible students from low-income families and from middle-income families, respectively, in each such school and district, who are receiving free or reduced price breakfast under the federal School Breakfast Program and the provisions of this section; and
(3) the methods that are being used, by each such school and district, to provide breakfast to students under the federal School Breakfast Program, including an indication as to whether breakfast is being provided to students through a breakfast after the bell program.
d. The Department of Agriculture, in consultation with the Department of Education, shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.), to implement the provisions of this section, including, but not limited to, rules and regulations establishing a schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section.
L.2022, c.104, s.12.