Section 1264 - Food program(a)(1)(A) Each school board operating a public school shall cause to operate within each school in the school district a food program that makes available a school lunch, as provided in the National School Lunch Act, as amended, and a school breakfast, as provided in the Child Nutrition Act, as amended, to each attending student who qualifies for those meals under these acts every school day.(B) In addition, each school board operating a public school shall cause to operate within each school in the school district the same school breakfast and school lunch program made available to students who qualify for those meals under the Child Nutrition Act and the National School Lunch Act, each as amended, for each attending student every school day at no charge. An approved independent school operating a school lunch and school breakfast program made available to students who qualify for those meals under the Child Nutrition Act and the National School Lunch Act, each as amended, shall offer the same to each attending student every school day at no charge in order to qualify for the universal meals supplement.(C) In operating its school breakfast and lunch program, a school district and an approved independent school shall seek to achieve the highest level of student participation, which may include any or all of the following: (i) providing breakfast meals that can be picked up by students;(ii) making breakfast available to students in classrooms after the start of the school day; and(iii) for school districts, collaborating with the school's wellness community advisory council, as established under subsection 136(e) of this title, in planning school meals.(D) A school district and an approved independent school shall count time spent by students consuming school meals during class as instructional time.(2) Each school board operating a public school shall offer a summer snack or meals program funded by the Summer Food Service program or the National School Lunch Program for participants in a summer educational or recreational program or camp if: (A) at least 50 percent of the students in a school in the district were eligible for free or reduced-price meals under subdivision (1) of this subsection for at least one month in the preceding academic year;(B) the district operates or funds the summer educational or recreational program or camp; and(C) the summer educational or recreational program or camp is offered 15 or more hours per week.(b) In the event of an emergency, the school board may apply to the Secretary for a temporary waiver of the requirements in subsection (a) of this section. The Secretary shall grant the requested waiver if he or she finds that it is unduly difficult for the school district to provide a school lunch, breakfast, or summer meals program, or any combination of the three, and if he or she finds that the school district and supervisory union have exercised due diligence to avoid the emergency situation that gives rise to the need for the requested waiver. In no event shall the waiver extend for a period to exceed 20 school days or, in the case of a summer meals program, the remainder of the summer vacation.(c) The State shall be responsible for the student share of the cost of breakfasts provided to all students eligible for a reduced-price breakfast under the federal school breakfast program and for the student share of the cost of lunches provided to all students eligible for a reduced-price lunch under the federal school lunch program.Amended by 2023 , No. 64, § 2, eff. 7/1/2023.Amended by 2021 , No. 67, § 6, eff. 6/8/2021.Added 1973, No. 252 (Adj. Sess.), § 3; amended 2003, No. 22, § 1; 2007, No. 192 (Adj. Sess.), § 6.028 (Adj. Sess.); 2009 , No. 87 (Adj. Sess.), § 4 (Adj. Sess.) , eff. 4/28/2010; 2011 , No. 58, § 22, eff. 5/31/2011; 2013 , No. 50, E. § 501.2; 2013, No. 92 (Adj. Sess.), § 132 (Adj. Sess.) , Feb. 14, 2014; 2019 , No. 34, § 4.