2011 New Mexico Statutes
Chapter 22: Public Schools
Article 13: Courses of Instruction and School Programs, 22-13-1 through 22-13-32
Section 22-13-13.2: Breakfast program required; waiver; distribution of funds.

22-13-13.2. Breakfast program required; waiver; distribution of funds.

A. School districts and charter schools shall establish a school breakfast program providing free breakfast, after the instructional day has begun, to all students attending an elementary school in that school district in which eighty-five percent or more of the enrolled students at the elementary school were eligible for free or reduced-price lunch under the National School Lunch Act of 1946 during the prior school year.

B. A school district or charter school that includes an elementary school in which fewer than eighty-five percent of the enrolled students were eligible for free or reduced-price lunch during the prior school year under the National School Lunch Act of 1946 may establish a school breakfast program providing free breakfast, after the instructional day has begun, to all students attending that elementary school; provided that the program complies with all applicable department rules relating to the school breakfast program authorized by this section.

C. The school district or charter school may apply to the department for a waiver of the school breakfast program required under the provisions of Subsection A of this section if the school district or charter school can demonstrate that providing the program will result in undue financial hardship for the school district or charter school.

D. The department shall reimburse each school district or charter school that establishes a school breakfast program under the provisions of this section for costs associated with providing free breakfast to students on a per-meal basis at the federal maximum rate of reimbursement as set forth annually by the federal secretary of agriculture for educational grants awarded under the authority of the secretary. Reimbursement for the school breakfast program shall be paid in sequential order, until the state school breakfast funds are exhausted. School districts or charter schools whose elementary schools have the highest percentage of enrolled students eligible for free or reduced-price lunch under the National School Lunch Act of 1946 shall be paid first. School districts or charter schools whose elementary schools have the lowest percentage of enrolled students eligible for free or reduced-price lunch under the National School Lunch Act of 1946 shall be paid last.

E. The department shall promulgate rules necessary for implementation of this section, including:

(1) standards for school breakfast programs that meet federal school breakfast program standards;

(2) procedures for waiver requests and the award of waivers as provided for in Subsection C of this section, including what constitutes financial hardship; and

(3) procedures for reimbursement.

F. The provisions of this section shall not apply until the 2011-2012 school year.