New Jersey Statutes Title 18A. Education 18A § 33-10

a. (1) A public school operated by a local or regional school district of the State in which 20percent or more of the students enrolled in the school on October 1 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 school breakfast program in the school.

(2) A school district shall submit a school breakfast program plan for each school in the district that is subject to the requirements of paragraph (1) of this subsection. The plan for each school shall be adopted in compliance with, and pursuant to , federal School Breakfast Program requirements, and shall be submitted to the Department of Agriculture by the date required by subsection b. of this section, in a form and manner prescribed by the Secretary of Agriculture.

(3) Following the enactment of P.L.2022, c. 104 (C.18A:33-3.2 et al.), a school district shall submit a new school breakfast program plan, in accordance with the provisions of section 6 of P.L.2022, c. 104 (C.18A:33-10.1), for each school in the district that is subject to the requirements of paragraph (1) of this subsection. A new plan adopted pursuant to this paragraph and section 6 of P.L.2022, c. 104 (C.18A:33-10.1) shall supersede any plan previously adopted for the school, pursuant to this section, and the adoption of a new plan under this paragraph and section 6 of P.L.2022, c. 104 (C.18A:33-10.1) shall cause the plan previously adopted under paragraph (2) of this subsection to become void and inoperable.

b. (1) A school district shall submit a plan, by November 1, 2003, for all grades of each school that has one or more of the grades pre-K through sixth grade and for which a plan is required by paragraph (2) of subsection a. of this section .

(2) A school district shall submit a plan, by November 1, 2004, for all grades of each school , other than the schools described in paragraph (1) of this subsection , for which a plan is required by paragraph (2) of subsection a. of this section .

f. (1) If a school district does not submit a school breakfast plan to the Department of Agriculture, pursuant to paragraph (2) of subsection a. of this section, by the date required by subsection b. of this section, it shall establish a school breakfast program, in each of its schools in which a program is required pursuant to paragraph (1) of subsection a. of this section, based on a model plan provided by the department.

(2) The model plan developed by the department, for the purposes of this section, shall include recommendations on how a school breakfast program can operate within the limits of the federal and State reimbursement rates for the federal School Breakfast Program.

(3) The Department of Agriculture shall provide the model plan to the school district no later than March 1, 2004 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by March 1, 2005 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section, and the school district shall establish the school breakfast program in each of its schools, based on the model plan, by September 1, 2004 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2005 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section.