Maryland Code, Education § 7-702

(1)(i) The school has made a breakfast program available for at least 3 consecutive months; and

(ii) The participation is less than 25 % of the number of students eligible for free and reduced price eligible meals in each month;

(2)(i) The county board approves an alternative nutrition program that the school has instituted;

(ii) The school regularly conducts an assessment of the alternative program that provides evidence of success in achieving program objectives; and

(iii) The school submits an annual report of the assessment to the county board and the State;

(3)(i) The school requests an exemption for reasons of a compelling nature to the county board; and

(ii) After review and approval, the county board submits the request for exemption to the State Superintendent; or