Section 18A:33-10.1 - Breakfast program established in schools, certain; plan, form submissiona.(1) Notwithstanding the provisions of section 2 of P.L. 2003, c. 4(C.18A:33-10) to the contrary, following the enactment of P.L. 2022, c. 104(C.18A:33-3.2 et al.), each public school in the State in which 10 percent or more of the students enrolled in the school on October 1 of the preceding school year were federally eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program shall establish a breakfast program in the school.(2) A school district shall submit, to the Department of Agriculture, a school breakfast program plan for each school in the district that is subject to the requirements of paragraph (1) of this subsection. The plan shall be submitted in a form and manner prescribed by the Secretary of Agriculture and in accordance with the timeframes specified by subsection b. of this section.b.(1) A plan for all grades in each school having one or more of the grades pre-K through sixth grade, shall be submitted by November 1, 2023.(2) A plan for all grades in each school not described in paragraph (1) of this subsection shall be submitted by November 1, 2024.c. The Department of Agriculture, in consultation with the Department of Education, shall review each school breakfast program plan submitted pursuant to this section and make recommendations, if necessary, regarding how the school breakfast program can operate most effectively, in accordance with federal School Breakfast Program requirements and the provisions of section 12 of P.L. 2022, c. 104(C.18A:33-14a). The Department of Agriculture shall notify each school district of the completion of the department's review and any recommended changes to the plan, within 90 days after receipt thereof.d. A school district shall establish a school breakfast program in each of its schools, based on the plan submitted pursuant to paragraph (2) of subsection a. of this section, by September 1, 2024 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2025 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section.e.(1) If a school district does not submit a school breakfast plan to the Department of Agriculture by the date required by subsection b. of this section, the district shall establish a school breakfast program, in each school for which a plan has not been submitted, based on a model plan provided by the department.(2) The model plan developed by the department, for the purposes of this subsection, shall include recommendations on how a school breakfast program can operate in accordance with federal School Breakfast Program requirements and the provisions of section 12 of P.L. 2022, c. 104(C.18A:33-14a).(3) The department shall provide the model plan to a school district that is subject to this subsection by March 1, 2024 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by March 1, 2025 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section, and the school district shall establish the school breakfast program in each of its schools, based on the model plan, by September 1, 2024 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2025 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section.f.(1) A school, or a school district acting on behalf of a school in the district, may, in a form and manner prescribed by the Department of Agriculture, apply to the department for a waiver of the breakfast program requirements established pursuant to paragraph (1) of subsection a. of this section.(2) The department shall grant a waiver of the breakfast program requirements established pursuant to paragraph (1) of subsection a. of this section, and shall continue a waiver pursuant to paragraph (4) of this subsection, if the school, or the school district acting on behalf of the school, demonstrates to the department's satisfaction that the provision of a breakfast program at the school will result in financial hardship for either the school or the school district. Conditions under which a waiver may be granted shall include, but need not be limited to, the following: (a) there is a lack of facilities or equipment necessary to offer a school breakfast program at the school, and the acquisition of such facilities or equipment would cause financial hardship to the school or school district; or(b) program participation rates at the school are either too low to allow the program to operate on a cost-effective basis or would cause substantial scheduling difficulties.(3) Not more frequently than biennially, the department may request that updated financial and demographic information be submitted to the department by a school, or by a school district acting on behalf of a school, which has obtained a waiver of school breakfast program requirements pursuant to this subsection. A school or school district, upon such request, shall submit the updated financial and demographic information in a form and manner and within a timeframe prescribed by the department.(4) The department shall rescind a waiver previously granted under this subsection if it determines, based upon its review of updated financial and demographic information submitted pursuant to paragraph (3) of this subsection, that there has been a change in circumstances that has eliminated the financial hardship warranting continuation of the waiver pursuant to paragraph (2) of this subsection. Nothing in this paragraph shall be deemed to prohibit a school or school district from submitting a new waiver application, pursuant to paragraph (1) of this subsection, in one or more years following the rescission of a waiver pursuant to this paragraph.(5) The department shall establish standards and procedures for the filing of waiver applications and the awarding and rescission of waivers pursuant to this subsection.Added by L. 2022, c. 104, s. 6, eff. 9/1/2023.