Ohio Admin. Code 3301-91-07 - [Effective 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
department of education and
workforce 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
of a school district does not comply with
paragraph (A) of this rule in accordance with division (C)(4)(b) of Ohio
Revised Code section 3313.813, 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 3313.813(C)(2)
or (C)(4)(b) or (c) of the Revised Code at the time the
state board
department of education and workforce 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
department of education and
workforce determines that a district is subject to division
3313.813(C)(4)(d) of the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3313.813
Rule Amplifies: 3313.813
Prior Effective Dates: 12/31/1976, 03/31/2022
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