581-051-0605 Breakfast After the Bell Equipment Grant (1) As used in this section: (a) “Administrative costs” means all customary and routine expenses incurred by a school district for the conduct of program administration. The term includes, but is not limited to, procurement, payroll processing, personnel functions, management, maintenance and operation of space and property, data processing and computer services, accounting, budgeting, auditing, indirect costs, and organizational planning, consultation, coordination, and training. (b) “Breakfast after the Bell” means a reimbursable breakfast that is provided through the federal School Breakfast Program and offered by a school district to students after the beginning of the school day. The term includes, but is not limited to, breakfasts served to students for consumption during homeroom or first period, easy-to-eat breakfast foods made available for students to take and eat sometime during the morning, or a second breakfast service available to those students who either didn’t arrive at school in time for the first breakfast service or weren’t hungry earlier in the day. (c) “Eligible student” means a student who is eligible for free or reduced price lunches under the United States Department of Agriculture’s guidelines. (d)(A) “Equipment” means tangible personal property having a useful life of more than one year that is necessary and required to provide breakfast after the beginning of the school day. The term includes, but is not limited to, rolling coolers, insulated food carriers, ovens, laptops, kitchen utensils, or portable kiosks. (B) “Equipment” does not include meal management software systems or cleaning products. (e) “School district” means an Oregon common school district, joint school district, union high school district, education service district, or public charter school. (2) The purpose of the Breakfast After the Bell Equipment Grant is to assist school districts with paying the costs they incur purchasing or upgrading necessary equipment required to provide breakfast after the beginning of the school day. (3) The Oregon Department of Education shall: (a) Establish a process for requesting a Breakfast After the Bell Equipment Grant each year in which grant funds are available; (b) Identify the school sites eligible to receive a Breakfast After the Bell Equipment Grant by February 1 of each school year in which grant funds are available; (c) Distribute Breakfast After the Bell Equipment Grants to eligible school sites each year in which grant funds are eligible; and (d) Award the first Breakfast After the Bell Equipment Grants for the school year beginning on July 1, 2020, and ending on June 30, 2021. (4) A school site is eligible to receive a Breakfast After the Bell Equipment Grant if it: (a) Must make breakfast accessible after the beginning of the school day, as required under ORS 327.535; and (b) Has not claimed an exception from the requirement to make breakfast accessible after the beginning of the school day. (5) A school district may submit a request for a Breakfast After the Bell Equipment Grant on behalf of one or more of its eligible school sites. (6) Grant recipients: (a) May not deposit their grant funds in their nonprofit food service accounts. (b) Must separately account for their grant funds. (c) May use their grant funds only for the purpose of purchasing new equipment, or repairing, renovating, or upgrading equipment they already own, which is necessary and required to provide students breakfast after the beginning of the school day. (d) Must comply with all applicable federal, state, and local procurement laws and procedures when purchasing equipment with grant dollars. (e) May not charge administrative costs to their grant funds. (7) If the total approved costs for which eligible school sites are seeking grant funds exceeds the amount allocated for Breakfast After the Bell Equipment Grants, then the Oregon Department of Education may prorate or prioritize the amount of any moneys available for distribution in the account among eligible school sites. (a) The department may reallocate Breakfast After the Bell Equipment Grant funds to other eligible school sites if grant funds remain after awards are made or become unobligated, or if a grant recipient is not making adequate progress towards spending all of its grant award during the biennium in which the award was made. (b) The department will notify Breakfast After the Bell Equipment Grant recipients if their claimed expenses do not show that the recipients are making adequate progress towards spending the full amount of their grant awards during the biennium in which the awards were made. Statutory/Other Authority: 2019 Or Laws, ch. 122, sec. 28 (Enrolled HB 3427) Statutes/Other Implemented: 2019 Or Laws, ch. 122, sec. 28 (Enrolled HB 3427) History: ODE 12-2020, adopt filed 04/23/2020, effective 04/23/2020