New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 9 - ELEMENTARY SCHOOL FREE BREAKFAST PROGRAM DURING INSTRUCTIONAL TIME › Section 6.12.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Breakfast
				program"
means the free breakfast program established by Section
				22-13-13.2
				NMSA 1978.
B.
"Community
				eligibility provision"
or
"CEP"
means a non-pricing meal
				service option for schools and school districts in low-income areas. Schools
				that adopt the CEP are reimbursed with federal USDA funds using a formula based
				on the percentage of students categorically eligible for free meals based on
				their participation in other means-tested programs such as the supplemental
				nutrition assistance program (SNAP) and temporary assistance for needy families
				(TANF).
C.
"Congregate
				feeding"
means all eligible students remain with their classmates for
				breakfast program service, and one or more students may not be separated from
				their classmates to access a meal.
D.
"Eligible school"
means a
				public school in which eighty-five percent or more of enrolled students were
				eligible for free or reduced-price lunch under the national school lunch act
				during the prior school year or a public school implementing the CEP or
				Provision 2. Eligible schools shall not include private, parochial, or home
				schools.
E.
"Eligible
				student"
means a student enrolled in an eligible school.
F.
"Federal reimbursement rate"
means an amount prescribed annually by the United States secretary of
				agriculture for federal payments toward each meal served. The federal
				reimbursement rate differs for free, reduced-price, and paid meals and whether
				the school is in "severe need," as defined in 7 CFR Part 220.2 and according to
				the criteria in
				7 CFR
				220.9.
G.
"Financial hardship"
means
				the situation in which implementation of the breakfast program would cause a
				school to operate at a financial loss such that cost would exceed revenue and
				the use of funds from the state equalization guarantee would be required to
				cover the cost of serving breakfast. Financial hardship shall not include a
				school's or staff's non-interest or refusal to participate in the breakfast
				program.
H.
"Multiplier"
means the number established by the USDA to generate
				meal reimbursement rate percentages.
I.
"Provision 1"
means an
				alternative provision to the normal requirements for annual determinations of
				eligibility for free and reduced-price school meals, as defined in section
				104(a) of the Healthy, Hunger Free Kids Act. Provision 1 allows free
				eligibility to be certified for a two-year period. There is no requirement to
				offer meals at no charge to all students.
J.
"Provision 2"
means an
				alternative provision to the normal requirements for annual determinations of
				eligibility for free and reduced-price school meals, as defined in section
				104(a) of the Healthy, Hunger Free Kids Act. Provision 2 allows schools to
				establish claiming percentages and to serve meals at no charge to all
				participating children for a four-year period.
K.
"Provision 3"
means an
				alternative provision to the normal requirements for annual determinations of
				eligibility for free and reduced price school meals, as defined in section
				104(a) of the Healthy, Hunger Free Kids Act. Provision 3 allows schools to
				receive the same level of federal cash and commodity assistance each year, with
				some adjustments, for a four-year period and to serve meals at no charge to all
				participating children for a four-year period.
L.
"United States Department of
				Agriculture"
or
"USDA"
means the federal agency that
				provides oversight and funding for school meal programs through food and
				nutrition service programs.
M.
"Voluntary school"
means a public school in which fewer than
				eighty-five percent of students were eligible for free or reduced-price lunch
				under the national school lunch act during the prior school year that selects
				to establish a breakfast program, so long as state funds exist.