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students in that building are eligible under the National School Lunch Act

and the Child Nutrition Act of 1966.

A board of education in each school district is required to establish a

breakfast program in every school in which the parents of at least one-

half of the children enrolled in the school have requested that the

breakfast program be established.

The school district must also operate one of the following nutrition

programs for any summer intervention that it offers: extension of school

breakfast program; extension of school lunch program; or summer food

service program.

A board of education may determine that it cannot comply with the

above requirements for financial reasons. Districts may then not comply

if the board of education communicates, in a manner it deems

appropriate, its decision to district residents.

A board of education may not refuse to comply if: 1) at least one-half of

the parents of students have requested a school breakfast program; or

2) at least one-third of the students are eligible for free meals. However,

if a district cannot provide the service but is subject to the requirements,

the district board of education can apply to the state board for an

extension of time to implement. One “good cause” for an extension of

time is the “economic impossibility of compliance.”

In all cases, a board may establish a charge for its breakfasts, lunches,

or snacks in accordance with federal rules. However, that charge may

not be assessed to those students on free and reduced price food,

CITY-EXEMPTED

VILLAGE

CONTRACTS FOR

SERVICES WITH AN

ESC

If the board of education of a city or exempted village school district and

the governing board of an educational service center adopt identical

resolutions, they may develop agreements for the ESC to serve city

and/or exempted villages by providing services in any and /or all of the

following areas: supervisory teachers, in-service and continuing

education for personnel, curricular development, academic instruction,

special education, research and development, or any other services the

district board of education and service center governing board can be

better provided by the service center.

City, exempted village, and local school districts with agreements with

an educational service center are considered to be client districts.

Approved agreements make the ESC eligible for a per pupil state

subsidy to be used for the operation of that service center and for any

other services that are provided to the client district and required by

Chapter XXXIII of the Ohio Revised Code.

All school districts with an enrollment of 16,000 or fewer are required to

sign an agreement with an ESC. Districts with more than 16,000

students may elect to entire into such agreements.

The agreement is valid only if a copy is filed with the department of

education by the first day of the school year for which the agreement is

effective.

If a client district wishes to terminate its agreement with its ESC, it must

do so only in an odd-numbered year and must provide its termination

notice before January 1 of that year. Failure to issue the termination

notice by this date automatically renews the agreement for a two-year

period. When a client school district chooses to align with a different

3313.843