Texas - Breakfast at school: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
Statute
Summary: 

State law recommends strategies to ensure students eat breakfast in the morning or maintains a program that only applies to certain schools (ex. schools with 70% FRPL students).

Texas Agriculture Code Sec. 12.041. SCHOOL BREAKFAST AND LUNCH PROGRAM.

(b) The department shall determine the feasibility of establishing a process under which school districts verify student eligibility for the national free or reduced-price breakfast and lunch program through a direct verification process that uses information maintained under the food stamp and Medicaid programs, as authorized by 42 U.S.C. Section 1758(b)(3), as amended by Section 105(a) of the Child Nutrition and WIC Reauthorization Act of 2004 (Pub. L. No. 108-265), and 7 C.F.R. Sections 245.6a(a)(1) and (3) and 245.6a(b)(3). If the department determines the process described by this subsection is feasible, the department may implement the process.


Texas Education Code Sec. 33.901. BREAKFAST PROGRAMS.

(a) If at least 10 percent of the students enrolled in one or more schools in a school district or enrolled in an open-enrollment charter school are eligible for free or reduced-price breakfasts under the national school breakfast program provided for by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the board of trustees of the school district or the governing body of the open-enrollment charter school shall either:

  • (1) participate in the national program and make the benefits of the national program available to all eligible students in the schools or school; or
  • (2) develop and implement a locally funded program to provide free meals, including breakfast and lunch, to each student eligible for free meals under federal law and reduced-price meals, including breakfast and lunch, to each student eligible for reduced-price meals under federal law, provided that the reduced price may not exceed the maximum allowable rate under federal law.
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