Ohio Admin. Code 3301-91-07 - [Effective until 7/1/2025] Appeal for extension of time for compliance
(A)
The board of education of each school district is
required to establish a breakfast program in every school where at least
one-fifth of the pupils in the school are eligible under federal requirements
for free breakfast and is required to establish a lunch program in every school
where at least one-fifth of the pupils are eligible for free
lunches.
(B)
The board of education of each school district is
required to establish a breakfast program in every school in which the parents
of at least one-half of the children enrolled in the school have requested that
the breakfast program be established.
(C)
If a school
district cannot comply with the requirements prescribed in section
3313.813 of the Revised Code, an
appeal must be made to the state board of education defining the paragraph of
the section being appealed. The following data must be provided to describe the
circumstances which preclude compliance:
(1)
Statement of
reason(s) for requesting an extension of time to comply with the prescribed
deadlines.
(2)
The schools in the district and number of children for
which breakfast and lunch are available.
(3)
The average daily
membership and the number of children eligible for free and reduced-price meals
in each school for which the appeal is submitted.
(4)
The criteria used
for determining the number of children eligible.
(5)
The date by which
compliance will be accomplished.
(D)
Requests for an
extension of time to comply with the provisions of section
3313.813 of the Revised Code
shall be evaluated on the basis of the following criteria:
(1)
Availability of
facilities for preparing and serving meals.
(2)
Adequacy of
financial resources to fund a meal service from local, state and federal
sources.
(3)
Availability of time for providing breakfast and lunch
in the school day.
(4)
Reasonableness of the requested time extension to
accomplish compliance.
(E)
If the board of
education does not comply with paragraph (A) of this rule in accordance with
division (C)(4)(b) of section
3313.813 of the Revised Code,
the district board is required to establish a breakfast program in every school
where at least one-third of the pupils in the school are eligible under federal
requirements for free breakfast and is required to establish a lunch program in
every school where at least one-third of the pupils are eligible for free
lunches. The district board may make a charge in accordance with the definition
of reduce price in
7 CFR
220.2 (September 28, 2016) for each reduced
price breakfast or paid breakfast to cover the cost incurred in providing that
meal.
(F)
If a school district cannot for good cause comply with
the requirements of division (C)(2), (C)(4)(b) or (c) of section
3313.813 of the Revised Code at
the time the state board determines that a district is subject to these
requirements, the district is to be granted a reasonable extension of time.
Good cause for an extension of time will include, but need not be limited to,
economic impossibility of compliance with the requirements at the time the
state board of education determines that a district is subject to division
(C)(4)(d) of section 3313.813 of the Revised
Code.
Replaces: 3301-91-07
Notes
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3313.813
Rule Amplifies: 3313.813
Prior Effective Dates: 12/31/1976
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