States and school districts have worked to expand access to breakfast through the following types of policy changes:
- Requiring Breakfast After the Bell models, such as Breakfast in the Classroom.
- Providing universally-free breakfast.
- Providing funding for start-up/expansion costs related to changing breakfast models.
- Providing an additional per-meal reimbursement.
- Requiring schools to offer breakfast.
- Eliminating the reduced-price category for meal reimbursement.
2018-2019 State-Level Policy and Legislative Trends outlines major legislative and policy initiatives introduced across states in their respective annual legislative sessions. This resource focuses on four federal nutrition assistance programs and major legislative trends introduced: School Breakfast Program (SBP), Afterschool meal and snack, Summer Food Service Program (SFSP) and Summer EBT for Children (SEBTC), and the Supplemental Nutrition Assistance Program (SNAP).
2017-2018 State-Level Policy and Legislative Trends outlines major legislative and policy initiatives introduced across states in their respective annual legislative sessions. This resource focuses on three federal nutrition assistance programs and major legislative trends introduced: School Breakfast Program (SBP), Summer Food Service Program(SFSP), and the Supplemental Nutrition Assistance Program (SNAP).
How School Meals Reach Kids explains how the School Breakfast Program works and illustrates how maximizing participation in the program can bring more federal funding to your state or municipality.
States and school districts across the country—recognizing the importance of giving every child access to school breakfast—have passed laws requiring schools to make breakfast available after the bell has rung. Breakfast Policy Solutions provides a snapshot of key Breakfast After the Bell policies and legislation across the country and the impact they have had on participation.
Breakfast After the Bell State Legislation
Six states have passed legislation requiring Breakfast After the Bell and have seen hugely positive impacts on participation, academic achievement and school meal program finances: Colorado, DC, Illinois, Nevada, New Mexico and West Virginia. Based on lessons learned, Sample State Legislation: Breakfast After the Bell provides recommendations and considerations for drafting a Breakfast After the Bell requirement law based on the experiences of the states that have successfully passed this type of legislation.
Nevada Breakfast After the Bell Legislation: Case Study Profile highlights the implementation and impact of the Breakfast After the Bell law in Nevada, including a significant increase in the number of students participating in school breakfast and a high return on the state’s financial investment. It also highlights crucial lessons learned for other states that are considering passing a Breakfast After the Bell law.
A Tale of Two Bills Nevada's Breakfast After the Bell- A Legislative Case Study describes how Nevada's Breakfast After the Bell law was passed, highlighting the important organizations and influencers that helped to secure its passage. It also provides advice and lessons learned for advocates that can help shape their own strategies to get Breakfast After the Bell legislation passed in their own states.
Pending Legislation: Breakfast After the Bell Requirements
States actively pursuing Breakfast After the Bell Requirement legislation
|California||2019||Incentive||AB 1508 was introduced on February 2019||Provides incentive funding for school districts, directly funded charter schools or county departments of education that seeks to start up or expand Breakfast After the Bell at a school site with at least 60% of students are eligible for free and reduced-price meals.|
|Massachusetts||2019||Requirement||H 267 was introduced on February, 2019||Requires that breakfast be served after the bell in schools with at least 60% free and reduced price (FRP) eligibility.|
|Minnesota||2019||Incentive||HF 1037 was introduced on February 2019||Provides incentive such as meal reimbursements for school districts that seeks to establish or expand Breakfast After the Bell Programs.|
Passed Legislation: Breakfast After the Bell Requirements
States that have successfully passed Breakfast After the Bell Requirement legislation
|Colorado||2013||Requires Colorado schools with 80% or more students qualifying for free or reduced-price meals to offer Breakfast After the Bell to all students at no cost, access beginning in the 2014-15 school year. In the 2015-16 school year, schools with 70% or more qualifying students would have to comply. Schools that meet the CO Department of Education's definition of "small, rural school district" (1,000 students or less) will be exempt. Additional information can be found on Hunger Free Colorado’s website.|
|Delaware||2016||Requires all public and charter schools that participate in the Community Eligibility Provision to implement a Breakfast After the Bell model beginning in the 2017-2018 school year.|
|District of Columbia||2010||Requires that elementary schools with over 40% of students qualifying for free or reduced-price meals serve Breakfast in the Classroom while middle or high schools that meet this threshold must offer any innovative breakfast service model, such as Breakfast in the Classroom or Grab N’ Go. The Healthy Schools Act also removes the reduced-price co-payment. Additionally, the bill authorizes almost $4 million in annual funding to schools to implement the requirements of the legislation. In the 2010-11 school year, the bill provided $7 per student to schools for costs associated with starting an innovative school breakfast service model.|
|Illinois||2016||Requires that Breakfast After the Bell be served in schools with at least 70% free and reduced-price (FRP) eligibility starting in school year 2017-2018.|
|Maine||2019||Requires that Breakfast After the Bell be served in schools with at least 50% free and reduced-price (FRP) eligibility starting in school year 2019-2020. To support implementation efforts in schools that are required to serve Breakfast After the Bell, the legislation also provides $500,000 in state funds, each for fiscal year 2019/2020 and 2020/2021.|
|Nevada||2015||Requires Breakfast After the Bell in schools with at least 70% free and reduced price eligibility. Provides $2 million over two years in the form of start-up grants to assist with the implementation of Breakfast After the Bell.|
|New Mexico||2014||Builds on previous Breakfast After the Bell legislation by expanding the requirement from elementary schools to all K-12 schools that have at least 85% of their students eligible for free or reduced-price meals.|
Requires that Breakfast After the Bell program be established in every public school where 70% or more of the students enrolled in the school were eligible for free or reduced-price meals under the National School Lunch Program or the School Breakfast Program on or before the last school day [before October 16] of the preceding school year. The law grants waivers to schools if 70 percent of eligible students in their schools received a meal under the School Breakfast Program in the preceding school year. Within six months after the effective date of the law, each school district is also required to submit Breakfast After the Bell Implementation plan to the Department of Agriculture. The bill also requests the Department of Agriculture to publish the list of available resources for school districts that are required to implement the Breakfast After the Bell program. The law takes effect in the school year 2019-2020.
|New York||2018||Requires that beginning the school year 2018-2019 all public elementary or secondary schools in New York with at least 70% or more of its students that are eligible for free and reduced-price meals shall offer to all students Breakfast After the Bell. The law considers the time spent by students consuming breakfast as part of the instructional time if students are engaged in instructional activity while concurrently consuming breakfast. The law also provides $7 million in state funds for schools required to implement Breakfast After the Bell program to support implementation of the program such as for equipment purchases, additional staff costs, or staff training.|
Under the newly enacted Student Success Act, Oregon school districts are required to serve Breakfast After the Bell at no cost to all students irrespective of grade levels at a school site where 70 percent or more of the students are eligible for free and reduced-price schools meals. The bill authorizes Oregon Department of Education to provide $5,000 per school site to purchase or upgrade equipment that are necessary to successfully serve breakfast after the beginning of the school day across schools required to implement the law. The bill also allows school districts and schools participating in CEP to be reimbursed the funding gap between federal reimbursement and the equivalent of a full reimbursement rate, and extends the school meals income eligibility thresholds up to 300% of FPL for non-CEP schools that provides universally free breakfast or lunch and provides state reimbursement to pay for the cost.
Requires that beginning the school year 2019-2020, each public school in Washington State shall provide Breakfast After the Bell if a school has 70% or more of its students that are eligible for free or reduced-price meals in the prior school year. The law also provides a total one-time start-up grants of $1.2 million to schools implementing a Breakfast After the Bell program to be used for the costs associated with launching a Breakfast After the Bell program such as equipment purchases, training, additional staff costs, and janitorial services. The law considers the period of time spent by students consuming breakfast as part of the instructional time if students are engaged in educational activity while concurrently consuming breakfast.
Increases school breakfast program participation by requiring innovative breakfast delivery models and creating local sources of funding for child nutrition programs.
School District Breakfast After the Bell Policies
School districts across the country have recognized the importance of breakfast, requiring all schools in their district to implement a Breakfast after the Bell model; most commonly requiring specific implementation of Breakfast in the Classroom (BIC.) These districts include Los Angeles, Dallas, Houston and New York City. Working with school districts to require Breakfast After the Bell in all schools can be an effective tactic when statewide legislation is not an option.
Providing financial incentives to schools to implement Breakfast After the Bell is another effective advocacy tactic that states like Arkansas, Maryland and Virginia have taken. This type of model provides an additional per meal state funded reimbursement to schools that implement Breakfast After the Bell to encourage schools to adopt these models.
Passed Legislation: Supplemental Funding for Breakfast After the Bell
|Arkansas||2013||Authorizes the two-year pilot program, Arkansas Meals for Achievement, and provides $490,000 in State funding to provide grants to schools to implement alternative breakfast models.|
|California||2019||Under its 2019-2020 budget bill (Education Trailer Bill) the legislature provided $500,000 in state grants to cover the cost of Breakfast After the Bell start-up or expansion, primarily for local educational agencies with schools where 60 percent or more of the student population are eligible for free and reduced-price school meals. This funding represents a partial restoration of the Breakfast After he Bell grant program established in 2016, where the state appropriated $2,000,000 for school years 16-17 and 18-19.|
|Maryland||2017||The Maryland Meals for Achievement program has existed since 1998; providing selected elementary schools with 40% free or reduced-price eligible students state funding to provide Breakfast in the Classroom. In July 2017, the law was changed to allow secondary schools to be eligible for the program and allowing Grab and Go as a model option for these schools.|
|Pennsylvania||2018||Authorizes $900,000 in state grants for school breakfast expansion across the state in the school year 2018-19. This state grant is intended to help schools establish a new School Breakfast Program using Breakfast After the Bell models such as Grab and Go and Breakfast in the Classroom, or to assist schools that wants to expand the reach of an existing School Breakfast Program to low-income students through Breakfast After the Bell program.|
|Tennessee||2018||Authorizes $500,000 in state grants to the Department of Education to increase participation in the School Breakfast Program through Breakfast After the Bell program.|
|Virginia||2019||The legislature provided $1,074,000 to provide elementary, middle and high schools with free and reduced-price eligibility rate of 45% and higher with an additional $0.05 per breakfast served when using alternative breakfast models, or to provide additional reimbursement for eligible meals served in school breakfast program at all grade levels. This funding represents double from its original appropriation of $537,297 in fiscal year 16-17.|
Breakfast in the Classroom is the most effective Breakfast After the Bell model at increasing participation in school breakfast. However, one of the biggest challenges to getting schools to implement Breakfast in the Classroom (BIC) is concern from teachers and principals about its impact on instructional time. Memos issued by state superintendents and laws passed by state legislatures have played important roles in supporting BIC efforts by clarifying that time spent eating breakfast in the classroom counts towards instructional time if accompanied by other education-related activities such as taking attendance, reading and collecting homework assignments. Instructional time memos have been passed in California, Colorado, Indiana, Michigan and Pennsylvania. Instructional time state legislation has been passed in Oregon.
The Breakfast Instructional Time Samples resource provides links to the language of these instructional time memos and also provides sample language for issuing an instructional time memo in your state.
One of the common barriers to Community Eligibility Provision (CEP) implementation is concerns about losing access to state funding. Many state education and other supportive funding is allocated based on free and reduced-price eligibility rates. Since CEP schools no longer collect free or reduced-price applications, concerns about losing access to this funding have deterred some schools from participating. States such as Maryland have passed legislation clarifying how these state funding formulas can be modified to account for the student populations in CEP schools and allow them to continue to receive these funds.
Another barrier to CEP participation is schools not qualifying due to low direct certification rates. Increasing the number of directly certified students allows more schools to qualify for CEP and minimizes the number of children that are required to complete applications to receive free school meals. California passed a law in 2017 to develop and implement a process to use Medicaid participation data to directly certify qualifying children for free school meals.
Passed Legislation: Expanding Community Eligibility Provision
|Washington State||2019||The law requires the Office of Public Instruction to develop and implement a plan to increase the number of schools participating in CEP; conduct comprehensive outreach and technical assistance support to schools and school districts to implement CEP; support Breakfast After the Bell implementing schools to do CEP, and prepare annual report evaluating barriers to CEP implementation, providing policy and legislative recommendations to overcome barriers, and identifying best practices from other states in adopting CEP.|
Not everyone has the political support needed to pass state legislation to require or fund Breakfast After the Bell. However, state policy levers can still be used to make changes to support breakfast expansion efforts. Do you need a formal mechanism to form a coalition to build support for a future Breakfast After the Bell legislation? Would having better access to data help you to understand the need and ways to address low breakfast participation in your state? All of these can be addressed by passing state legislation.
Passed Legislation: Other Breakfast Policies
|Arkansas||2017||Commissions a study to evaluate the need for school-level nutrition data, the impact of providing Breakfast After the Bell, and the impact of CEP and other models on school breakfast participation.|
|Illinois||2015||Encourages schools to utilize Breakfast After the Bell models and encourages the Illinois Commission to End Hunger to provide a report showing the potential impact of Breakfast After the Bell models on high need schools.|
|Maine||2019||Establishes an inter-agency and cross-departmental collaborative plan to end child hunger, poverty, and food insecurity by 2030 in consultation and partnership with community-based anti-hunger organizations and other stakeholders.|
|New Jersey||2014||Promotes the adoption of Breakfast After the Bell models and requires the state to track breakfast participation at the school level as well as the manner in which breakfast is served.|
A Breakfast Resolution can be an effective way to highlight the need for school breakfast expansion in the state, establish a record of who supports school breakfast expansion and identify legislators who champion breakfast. It can be a useful first step towards future Breakfast After the Bell advocacy efforts. Language can also be included to create a breakfast coalition or provide access to data. The Sample State Legislation: Breakfast Resolutions resource provides example language and options for constructing a Breakfast Resolution.
Sample Legislative Language on Access to School-Level Breakfast Data provides example languages on types of school-level breakfast data policy-makers, educators and other crucial stakeholders needs to have to make data-driven and evidence-based decision in their strive to increase school breakfast participation in their schools and school districts while improving accountability and transparency in school-level breakfast participation rates.
State legislation is not the only option for establishing breakfast support. Education leaders at the federal and state levels can also take action to pass policy memos expressing the importance of breakfast and demonstrating support for Breakfast After the Bell. When education leaders actively encourage schools to implement Breakfast After the Bell models, it sends a strong message to schools about the importance of school breakfast expansion. Examples include Secretary Duncan's Breakfast After the Bell Memo and New Jersey's Breakfast After the Bell Memo.