N.M. Admin. Code § 6.12.9.8

Current through Register Vol. 35, No. 24, December 23, 2024

Section 6.12.9.8 - BREAKFAST PROGRAM REQUIREMENTS

A. All eligible schools shall establish a breakfast program unless the school is granted a waiver by the department pursuant to 6.12.9.9 NMAC.

B. Voluntary schools may establish a breakfast program provided that state funding is available and the voluntary school complies with 6.12.9 NMAC and applicable state and federal laws.

C. Eligible and voluntary schools participating in the breakfast program shall offer breakfast to all eligible students, including to students arriving as much as two hours after the start of the instructional day.

D. Eligible and voluntary schools serving breakfast may:

(1) choose to offer breakfast service before the start of the instructional day, provided that the school shall also serve breakfast after the beginning of the instructional day;

(2) select the location of breakfast delivery, including the cafeteria, classroom, bus, or by providing a hand-carried breakfast; and

(3) determine whether or not instruction will occur simultaneously while breakfast is served or consumed.

E. Eligible schools and voluntary schools serving students in prekindergarten, preschool, and kindergarten through grade 6 shall serve breakfast to all students by congregate feeding. Eligible and voluntary schools serving students in grades seven through 12 may serve breakfast by congregate feeding.

N.M. Admin. Code § 6.12.9.8

6.12.9.8 NMAC - N, 10-31-11, Adopted by New Mexico Register, Volume XXXI, Issue 02, January 28, 2020, eff. 1/28/2020