2952

LAWS OF MARYLAND

Ch. 836

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Education

SUBTITLE 5A. BREAKFAST PROGRAM

7-5A-01.

BY JANUARY 1, 1981, THE STATE BOARD SHALL REQUIRE EACH
COUNTY BOARD TO PROVIDE IN EACH ELEMENTARY SCHOOL RECEIVING
FUNDS UNDER TITLE I OF THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965 (PUBLIC LAW 89-313) A FREE AND
REDUCED PRICE BREAKFAST THAT MEETS THE STANDARDS OF THE
UNITED STATES DEPARTMENT OF AGRICULTURE.

7-5A-02.

THE STATE SUPERINTENDENT MAY SHALL EXEMPT ANY
ELEMENTARY SCHOOL FROM THE REQUIREMENTS OF THIS SUBTITLE IF:

(1)  (I) THE SCHOOL HAS MADE A BREAKFAST PROGRAM
AVAILABLE FOR AT LEAST 3 CONSECUTIVE MONTHS; AND

(II) THE AVERAGE PARTICIPATION IS LESS
THAN 30 25 PERCENT OF THE NUMBER OF STUDENTS ELIGIBLE FOR
FREE AND REDUCED PRICE MEALS IN EACH MONTH; OR

(2)  (I) THE COUNTY BOARD APPROVES AN ALTERNATIVE
NUTRITION PROGRAM THAT THE SCHOOL HAS INSTITUTED;

(II)  THE SCHOOL REGULARLY CONDUCTS AN
ASSESSMENT OF THE ALTERNATIVE PROGRAM THAT PROVIDES EVIDENCE
OF SUCCESS IN ACHIEVING PROGRAM RESULTS OBJECTIVES; AND

(III)  THE SCHOOL SUBMITS AN ANNUAL REPORT
OF THE ASSESSMENT TO THE COUNTY BOARD AND THE STATE; OR

(3)  (I) THE SCHOOL REQUESTS AN EXEMPTION FOR
REASONS OF A COMPELLING NATURE TO THE COUNTY BOARD; AND

(II) AFTER REVIEW AND APPROVAL, THE COUNTY
BOARD SUBMITS THE REQUEST FOR EXEMPTION TO THE STATE
SUPERINTENDENT.

7-5A-03.

THE FREE AND REDUCED PRICE BREAKFAST PROGRAM UNDER THIS
SUBTITLE SHALL BE SUSPENDED IF THE PER MEAL REIMBURSEMENT
THAT THE FEDERAL GOVERNMENT PROVIDES FOR THE BREAKFAST
PROGRAM IS:

(1) REDUCED BELOW THE RATE PRESCRIBED ON JULY 1,
1979; OR