2. a. Every public school in which 70 percent or more of the students enrolled in the school on or before the last school day before October 16 of the preceding school year were federally eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program, shall establish a breakfast after the bell program.

b. (1) (a) No later than six months following the effective date of P.L.2018, c.25 (C. 18A:33-11.2 et seq.), each school district shall submit, to the Department of Agriculture, a plan for the establishment of a breakfast after the bell program for all grades at each of the district’s schools that are subject to the requirements of this section. The plan shall comply with the requirements of the federal School Breakfast Program.

(b) No later than the first full school year following the submission of the plan, the school district shall establish a breakfast after the bell program in each of its schools that are subject to the requirements of this section, in accordance with the plan submitted pursuant to this paragraph.

(2) (a) No later than six months after the effective date of P.L.2022, c.104 (C. 18A:33-3.2 et al.), each school district shall submit, to the Department of Agriculture, a revised breakfast after the bell plan for each school in the district that is subject to the requirements of this section. The revised plan shall comply with federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C. 18A:33-14a).

(b) No later than the first full school year following the submission of a revised plan pursuant to this paragraph, the school district shall modify the breakfast after the bell program operating in each of its schools that are subject to the requirements of this section, as may be necessary to implement the provisions of the revised plan.

(3) The Department of Agriculture, in consultation with the Department of Education, shall review each revised plan submitted pursuant to this subsection and make recommendations, if necessary, regarding how a school’s breakfast after the bell program can operate most effectively, in accordance with the federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C. 18A:33-14a). The Department of Agriculture shall notify each school district that submits a plan pursuant to this subsection of the completion of the department’s review, and of any recommended changes to the plan, within 90 days after receipt thereof.

c. Upon application, a school district may be granted a waiver by the Department of Agriculture of the requirements of this section for any school in which more than 70 percent of eligible students received a meal under the school breakfast program during the preceding school year. A school district that requests a waiver shall provide relevant information, as may be required by the Department of Agriculture, to justify the request.

d. No later than three months after the effective date of P.L.2018, c.25 (C. 18A:33-11.2 et seq.), the Department of Agriculture shall provide each school district with a list of resources that are available for the purposes of this section.

L.2018, c.25, s.2; amended 2022, c.104, s.10.