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.

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.

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.

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.

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.

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.

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.

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."

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.

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.

A. Local education agencies shall manage the scholastic records of all students in compliance with applicable law, including 7 CFR 210—National School Lunch Program; 7 CFR 220—School Breakfast Program; 7 CFR 245—Determining Eligibility For Free And Reduced Price Meals And Free Milk In Schools; 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 which include all required schools in the "Agreement to Participate" are deemed to have satisfied that 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 which 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 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.

A. This chapter shall apply to all public school divisions, public schools, and public school food authorities (SFAs) in the Commonwealth of Virginia.

B. Unless otherwise provided in this chapter, its provisions shall not apply to beverages.

C. This chapter shall apply to the nutritional content of food items available for sale to students on the school campus of any public school, and other public SFAs such as residential child care institutions, during the school day. It shall apply to:

1. Foods available for sale to students in vending machines.

2. Foods available for sale to students as a la carte items in the school cafeteria.

3. Foods available for sale to students at snack bars and stores operated by the school, a student association, or other school-sponsored organization.

4. Foods available for sale to students at school activities such as fundraisers.

5. Thực phẩm được bán cho sinh viên thông qua các chương trình giáo dục ẩm thực hoặc các chương trình giáo dục khác.

D. This chapter shall not apply to the nutritional content of foods:

1. Provided as meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act (42 USC § 1751 et seq.) and the Child Nutrition Act of 1966 (42 USC § 1771 et seq.).

2. Available for sale at snack bars, concession stands, or athletic events after the school day.

3. Available for sale either during intermission or immediately before or after athletics events scheduled after the school day.

4. Available for sale for school-related fundraising activities that take place off the school campus or for exempt fundraisers as outlined in 8VAC20-740-35.

5. Available for sale during activities that take place after the school day, such as clubs, yearbook, band and choir practice, student government, drama, sports practices, interscholastic sporting events, school plays, and band concerts.

6. Chỉ bán cho người lớn ở những khu vực không dành cho học sinh.

E. The requirements of this chapter supplement 8VAC20-290 and 8VAC20-580 8VAC20-720-60, which remain in effect.

A. Mỗi trường công lập được phép tổ chức, trong khuôn viên trường trong giờ học thông thường, không quá 30 hoạt động gây quỹ do trường tài trợ mỗi năm học, trong đó thực phẩm hoặc đồ uống không đáp ứng các tiêu chuẩn dinh dưỡng trong chương này hoặc trong các quy định của Bộ Nông nghiệp Hoa Kỳ có thể được bán cho học sinh. Các phân khu trường học không bắt buộc phải cho phép miễn trừ các tiêu chuẩn dinh dưỡng trong chương này đối với các hoạt động gây quỹ do trường tài trợ và có thể thực hiện các hướng dẫn hạn chế hơn như một phần của các yêu cầu về chính sách chăm sóc sức khỏe tại địa phương được nêu trong 8VAC20-740-40 A.

B. Một hoạt động gây quỹ được định nghĩa là một hoặc nhiều hoạt động gây quỹ kéo dài trong một ngày học. Nếu nhiều tổ chức do trường tài trợ tiến hành gây quỹ vào cùng một ngày, các hoạt động kết hợp sẽ được tính là một hoạt động gây quỹ. Nếu một hoạt động gây quỹ kéo dài hơn một ngày học, thì mỗi hoạt động của những ngày tiếp theo sẽ được coi là một hoạt động gây quỹ và sẽ được tính vào tổng số 30 hoạt động gây quỹ được miễn trừ mỗi năm.

C. Any fundraiser that sells food or beverages, whether the items meet the nutrition standards or are exempt from the nutrition standards in this chapter, may not be conducted during school meal service times. Pursuant to the Regulations Governing School Lunch Sale of Food Items (8VAC20-290) and the Regulations for the School Breakfast Program (8VAC20-580 8VAC20-720-60), any food or beverage item cannot be sold in competition with the National School Lunch Program and School Breakfast Program from 6 a.m. until after the close of the last breakfast period and from the beginning of the first lunch period to the end of the last lunch period. Pursuant to 8VAC20-290 and 8VAC20-580 8VAC20-720-60, the income from any food or beverage sold to students during these times shall accrue to the nonprofit School Nutrition Program account.

D. Không yêu cầu miễn trừ đối với các hoạt động gây quỹ không liên quan đến thực phẩm hoặc các hoạt động gây quỹ bán các mặt hàng thực phẩm hoặc đồ uống đáp ứng các tiêu chuẩn dinh dưỡng trong chương này.