Section 2, Part B of Chapter 56 of the Laws of 2018 requires all public elementary or secondary schools with at least seventy percent or more of its students eligible for free or reduced –price meals under the National School Lunch Program are required to offer all students a school breakfast after the instructional day has begun, beginning in the 2018-2019 school year, and continuing every school year thereafter. This legislation is known as “Breakfast after the Bell.” The schools meeting 70 percent free and reduced-price are determined by the State Education Department (the Department) based upon data submitted through the basic educational data system (BEDS) from the prior school year, namely the 2016-2017 school year. Each public school required to implement Breakfast After the Bell shall consult with teachers, parents, students and members of the community to determine the breakfast service delivery model(s) that best suits its students. Service delivery models may include, but are not limited to, breakfast in the classroom, grab and go breakfast, and second chance breakfast, which would include breakfast served in the cafeteria. Time spent by students consuming breakfast in the classroom may be considered instructional time when instruction is being provided. Schools subject to this requirement shall provide notice to students' parents and guardians that the school will be offering breakfast to all students after the instructional day has begun. Any school identified pursuant to this section may annually apply to the commissioner of education for a waiver from establishing a school breakfast program after the instructional day has begun. Such waiver may be granted by the commissioner of education upon the school demonstrating:
- a lack of need for a school breakfast program after the instructional day has begun because of a successful existing breakfast program; or
- providing a school breakfast program after the instructional day has begun would cause economic hardship for the school.
State Statute: Education Law §
State Regulation: 8NYCRR Part