1. There is hereby created the Breakfast After the Bell Program for public schools in which the majority of enrolled pupils are eligible for free or reduced-price lunches under the National School Lunch Act.

2. Except as otherwise provided in subsections 3 and 4:

(a) If a public school in this State in which 70 percent or more of the enrolled pupils during the previous school year were eligible for free or reduced-price lunches under the National School Lunch Act, the public school shall participate in the Program and offer a breakfast to each pupil in the school after the instructional day has officially begun.

(b) A public school that participates in universal meal service in high poverty areas pursuant to Section 104 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, must participate in the Program if the school is included on the list of public schools published by the State Department of Agriculture pursuant to NRS 387.1151.

3. A public school is not required to continue to participate in the Program in any school year after the 2016-2017 school year if the school can demonstrate to the satisfaction of the State Department of Agriculture that:

(a) The number of enrolled pupils in the school who were eligible for free or reduced-price lunches under the National School Lunch Act comprised less than 70 percent of the total number of enrolled pupils at the school for each of the two immediately preceding school years; or

(b) A financial hardship exists.

4. A public school that would otherwise be required to participate in the Program pursuant to subsection 2 is not required to participate in the Program:

(a) Until sufficient money, as determined by the State Department of Agriculture, is available to fund the public school’s participation in the Program.

(b) In the event that the amount of the federal per meal reimbursement available to a public school for free or reduced-price breakfasts pursuant to the School Breakfast Program is eliminated or reduced to an amount that is less than that amount which was in effect on December 31, 2013.

5. Each public school participating in the Program, in cooperation with the board of trustees of the school district or governing body, as applicable, may determine the model for serving breakfast that is best suited for the school. Models for serving breakfast may include, without limitation:

(a) Breakfast served in the classroom;

(b) Grab-and-go breakfasts; and

(c) Breakfast served in the cafeteria during or after the first period of school or during a morning recess.

6. Each breakfast served by a public school under the Program must comply with federal meal patterns and nutritional standards for school breakfast programs as required by the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, and any regulations or rules interpreting that Act.

7. As used in this section, “grab-and-go breakfast” means a breakfast in which all of the components of the breakfast are packaged in a bag that is made available at sites throughout school, during the first period of school or during a break after the first period of school.

(Added to NRS by 2015, 3852)