Chapter 3301-91 | Standards for School Lunch and Breakfast Programs

Rule 3301-91-01 | Eligibility for receiving state matching funds.

• Effective: March 31, 2022
• Promulgated Under: 119.03

State funds appropriated to meet the federal matching requirement as provided for by the Richard B. Russell National School Lunch Act, 60 Stat. 230 (1946), 42 U.S.C. 1751 7 C.F.R. 210.7 and the Child Nutrition Act of 1966, 80 Stat. 885 (1966), 42 U.S.C. 1771 shall be distributed to city, exempted village, local school districts, joint vocational school districts,career- technical centers and community schools that have participated in the national school lunch program in the months schools were in session during the preceding school year, that claimed free meals in the prior program year, and that have a national school lunch program application approved for the current program year.

Last updated March 31, 2022 at 12:42 PM

Supplemental Information

Authorized By: ORC 3301.07 and 3313.813
Amplifies: ORC 3313.813 and 3317.024
Five Year Review Date: 3/31/2027

Rule 3301-91-02 | Schedule of payments.

• Effective: September 4, 2020
• Promulgated Under: 119.03

In accordance with the "National School Lunch Program" regulations at 7 CFR 210.17, state funds appropriated in each fiscal year to match federal funds shall be distributed to school districts to assist in providing free lunches to eligible children in annual payments beginning in the fiscal year for which the funds are appropriated.

Supplemental Information

Authorized By: 3301.07, 3313.813
Amplifies: 3313.813, 3317.024
Five Year Review Date: 9/4/2025
Prior Effective Dates: 12/31/1976

Rule 3301-91-03 | Report required.

• Effective: September 4, 2020
• Promulgated Under: 119.03

Each board of education participating in the "National School Lunch Program" shall report monthly the number of free lunches served by the district each month in accordance with the "National School Lunch Program" regulations at 7 CFR 210.8. The monthly report shall be submitted to the department not later than the forty-fifth day following the month being reported.

Supplemental Information

Authorized By: 3301.07, 3313.813, 3317.024
Amplifies: 3313.813, 3317.024
Five Year Review Date: 9/4/2025
Prior Effective Dates: 3/26/2015

Rule 3301-91-04 | Calculation of payment.

• Effective: March 31, 2022
• Promulgated Under: 119.03

The funds appropriated to meet the federal matching requirement in accordance with the Richard B. Russell National School Lunch Act, 60 Stat. 230 (1946), 42 U.S.C. 1751, 7 C.F.R. 210.17 and as described in rule 3301-91-01 of the Administrative Code shall be divided by the total number of free lunches served by city, exempted village, local school districts, joint vocational school districts, career- technical centers and community schools in the state during the preceding school year. The quotient shall be multiplied by the total number of free lunches served by each school district during the same period to determine the amount to be paid the school district.

Last updated March 31, 2022 at 12:42 PM

Supplemental Information

Authorized By: ORC 3313.07, 3313.813
Amplifies: ORC 3313.813, 3317.024
Five Year Review Date: 3/31/2027
Prior Effective Dates: 12/21/2007

Rule 3301-91-07 | Appeal for extension of time for compliance.

• Effective: March 31, 2022
• Promulgated Under: 119.03

(A) The board of education of each school district is required to establish a breakfast program in every school where at least one-fifth of the pupils in the school are eligible under federal requirements for free breakfast and is required to establish a lunch program in every school where at least one-fifth of the pupils are eligible for free lunches

(B) The board of education of each school district is required to establish a breakfast program in every school in which the parents of at least one-half of the children enrolled in the school have requested that the breakfast program be established.

(C) If a school district cannot comply with the requirements prescribed in section 3313.813 of the Revised Code, an appeal must be made to the state board of education defining the paragraph of the section being appealed. The following data must be provided to describe the circumstances which preclude compliance:

(1) Statement of reason(s) for requesting an extension of time to comply with the prescribed deadlines.

(2) The schools in the district and number of children for which breakfast and lunch are available.

(3) The average daily membership and the number of children eligible for free and reduced-price meals in each school for which the appeal is submitted.

(4) The criteria used for determining the number of children eligible.

(5) The date by which compliance will be accomplished.

(D) Requests for an extension of time to comply with the provisions of section 3313.813 of the Revised Code shall be evaluated on the basis of the following criteria:

(1) Availability of facilities for preparing and serving meals.

(2) Adequacy of financial resources to fund a meal service from local, state and federal sources.

(3) Availability of time for providing breakfast and lunch in the school day.

(4) Reasonableness of the requested time extension to accomplish compliance.

(E) If the board of education does not comply with paragraph (A) of this rule in accordance with division (C)(4)(b) of Ohio Revised Code section 3313.813, the district board is required to establish a breakfast program in every school where at least one-third of the pupils in the school are eligible under federal requirements for free breakfast and is required to establish a lunch program in every school where at least one-third of the pupils are eligible for free lunches. The district board may make a charge in accordance with the definition of reduce price in 7 CFR 220.2 (September 28, 2016) for each reduced price breakfast or paid breakfast to cover the cost incurred in providing that meal.

(F) If a school district cannot for good cause comply with the requirements of division 3313.813(C)(2) or (C)(4)(b) or (c) of the Revised Code at the time the state board determines that a district is subject to these requirements, the district is to be granted a reasonable extension of time. Good cause for an extension of time will include, but need not be limited to, economic impossibility of compliance with the requirements at the time the state board of education determines that a district is subject to division 3313.813(C)(4)(d) of the Revised Code.

Last updated March 31, 2022 at 12:43 PM

Supplemental Information

Authorized By: 3301.07, 3313.813
Amplifies: 3313.813
Five Year Review Date: 3/31/2027
Prior Effective Dates: 12/31/1976

Rule 3301-91-09 | Guidance for approving food to be sold in schools.

• Effective: March 31, 2022
• Promulgated Under: 119.03

To comply with section 3313.814 of the Revised Code, each school district board of education and chartered nonpublic school governing authority shall adopt and enforce standards that shall be used as the basis for approving all food and beverages to be sold in schools and establishing a time and place for such approved food and beverages to be sold. Such standards shall comply with sections 3313.816 and 3313.817 of the Revised Code, but nothing in this rule shall prohibit the standards from being more restrictive than otherwise required by those sections. The following criteria, set by the United States department of agriculture, are to be used as guidance for establishing standards:

(A) Consider the nutritional value of each food or beverage. The types of food and beverages sold in schools should be determined as to their potential to contribute significantly to the daily nutritional needs of children and to enhance the school district's nutrition philosophy and nutrition education curriculum.

(B) Establish the time of day and place for sale of food and beverages. The time of day and place for the sale of food and beverages to students should be consistent with the nutrient intake needs and eating patterns of students and compatible with class schedules for schools within the district and comply with sections 3313.814, 3313.816, and 3313.817 of the Revised Code. Separate standards may be established for the types of food and beverages to be sold to staff members.

(C) Approve provisions through resolution. Each board of education and chartered nonpublic school governing authority should approve the types of food and beverages to be sold and determine when and where such food and beverages will be sold through board or governing authority resolution. Each board of education or governing authority should provide opportunity for input from members of the community, including students, parents, nutritionists and school personnel, on the sale of food and beverages in schools.

(D) Prepare an annual report and presentation. Each board or governing authority should designate staff to be responsible for ensuring that the school district or school meets the nutrition standards adopted under this section. The staff should prepare an annual report regarding the district's or school's compliance with the standards and include it in the report to the department of education prescribed in section 3301.68 of the Revised Code. The board or governing authority annually may schedule a presentation on the nutrition standards report at one of its regular meetings. Any nutrition standards report made by a board or governing authority shall be available to the public upon request.

Last updated March 31, 2022 at 12:43 PM

Supplemental Information

Authorized By: ORC 3313.814
Amplifies: ORC 3313.816, 3313.817 and 3301.68(C)
Five Year Review Date: 3/31/2027

Rule 3301-91-10 | Establishing summer food service programs at school sites and associated cost.

• Effective: March 31, 2022
• Promulgated Under: 119.03

(A) The board of education of each school district is required to establish and maintain a school breakfast, lunch and summer food service program pursuant to the National School Lunch Act and the Child Nutrition Act of 1966, as described in section 3313.813 of the Revised Code.

(B) The board of education of each school district is required to establish one of the following meal programs to support summer intervention services:

(1) An extension of the school breakfast program pursuant to the Richard B. Russell National School Lunch Act, 60 Stat. 230 (1946), 42 U.S.C. 1751 and the Child Nutrition Act of 1966, 80 Stat. 885 (1966), 42 U.S.C. 1771;

(2) An extension of the school lunch program pursuant to those acts;

(3) A summer food service program pursuant to those acts.

(C) If the board of education of school district does not comply with paragraph (B) of this rule, the district board is required to permit an approved summer food service program sponsor to use school facilities located in a school building attendance area where at least one-half of the pupils are eligible for free lunches.

(D) A school district may charge the summer food service program sponsor a reasonable fee for the use of school facilities that may include the actual cost of custodial services, charges for the use of school equipment, and a prorated share of the utility costs as determined by the district board. A school district shall require the summer food service program sponsor to indemnify and hold harmless the district from any potential liability resulting from the operation of the summer food service program under this division. For this purpose, the district shall either add the summer food service program sponsor, as an additional insured party, to the district's existing liability insurance policy or require the summer food service program sponsor to submit evidence of a separate liability insurance policy, for an amount approved by the district board. The summer food service program sponsor shall be responsible for any costs incurred in obtaining coverage under either option of division (4)(c) of section 3313.813 of the Revised Code.

Last updated March 31, 2022 at 12:44 PM

Supplemental Information

Authorized By: ORC 3313.813
Amplifies: ORC 3313.813
Five Year Review Date: 3/31/2027