THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Office of P-20 Education Policy
In accordance with Section 2, Part B of Chapter 56 of the Laws of 2018, beginning in the 2018-2019 school year, and continuing every year thereafter, all public elementary or secondary schools with at least seventy percent or more of its students eligible for free or reduced-price meals under the federal National School Lunch Program are required to offer all students a school breakfast after the instructional day has begun, “Breakfast After the Bell.” The schools meeting 70 percent free and reduced price were determined by the State Education Department (SED) based upon data submitted through the basic educational data system (BEDS) for the prior school year, namely the 2016-17 school year.
Each public school required to implement Breakfast After the Bell will determine the breakfast service delivery model that best suits its students. Service delivery models may include, but are not limited to, breakfast in the classroom, grab and go breakfast, and second chance breakfast, which would include breakfast served in the cafeteria. Time spent by students consuming breakfast may be considered instructional time when students consume breakfast in the students' classrooms and instruction is being provided while students are consuming breakfast. In determining a service delivery model, schools will consult with teachers, parents, students and members of the community.
Schools subject to this requirement are required to notify students, parents and guardians that the school will be offering breakfast to all students after the instructional day has begun.
Schools may apply, on an annual basis, to SED for a waiver from providing Breakfast After the Bell. Waivers will be granted by SED on a case by case basis upon the school demonstrating:
- A lack of need for Breakfast After the Bell because of a successful existing breakfast program; or
- The implementation of Breakfast After the Bell would cause economic hardship for the school.
Waiver requests for the 2018-19 school year must be received by June 30, 2018. Complete the request form found here to request a waiver.
All schools participating in the School Breakfast Program will be required to provide information on breakfast service delivery methods, by site, during the Child Nutrition Program Annual Renewal Process. This information will be used to publish a report at the conclusion of the 2018-19 school year on the success of Breakfast After the Bell, but will also include all schools participating in the School Breakfast Program. This report will be published by December 1, 2019, and each December 1 thereafter.
Non-competitive grants will be available to all schools required to implement a Breakfast After the Bell program. If a school has submitted a waiver request and it has been approved, that school is not eligible to receive grant funding. Additional information regarding the grants will be posted at a later date.
Webinars and additional guidance regarding Breakfast After the Bell will be posted on cn.nysed.gov.