For the purposes of this chapter, the term: (1) "Alternative breakfast serving model" means a model of serving breakfast:

• (A) Such as breakfast in the classroom or breakfast on grab-and-go carts, in which breakfast is:
• (i) Offered in one or more locations with high student traffic other than the cafeteria; and
• (ii) Available after the start of the school day or both before and after the start of the school day; and
• (B) That has been proven to increase student participation in breakfast relative to the traditional serving model, in which breakfast is served in the cafeteria before the start of the school day. (1A) "Animal product" means meat, poultry, seafood, dairy, eggs, honey, and any derivative thereof. (1B) "Breakfast in the classroom" means an alternative breakfast serving model where students eat breakfast in the classroom after the start of the school day.

(a)

• (1) Public schools, public charter schools, and participating private schools shall offer free breakfast to all students.

  • (2) If more than 40% of the students at a school qualify for free or reduced-price meals:

  • (A) A public elementary school, public charter elementary school, and participating private elementary school shall offer breakfast in the classroom each day, except as provided in paragraph (3)(A) of this subsection;

  • (B) A public middle and high school, public charter middle and high school, and participating private middle and high school shall offer alternative breakfast serving models each day; and

  • (C) The requirements of this paragraph shall not apply to a public school or a public charter school in which the school’s current breakfast participation rate, without breakfast-in-the-classroom, exceeds 75% of its average daily attendance.

  • (3)

  • (A) The Office of the State Superintendent of Education may grant a waiver to an elementary school required to serve breakfast in the classroom under paragraph (2)(A) of this subsection for one school year if the school food authority, as defined in 7 C.F.R. § 210.2, submits a written action plan to the Office of the State Superintendent of Education showing a strategy to utilize an alternative breakfast serving model that will enable the school to reach the breakfast participation rate in paragraph (2)(C) of this subsection.

  • (B) Elementary schools that do not demonstrate incremental progress toward meeting the participation rate in paragraph (2)(C) of this subsection upon completion of the one school year waiver period shall implement breakfast in the classroom at the start of the following school year.