The State Board shall require each county board to provide in each elementary school a free breakfast, unless the school is exempted under § 7–702 of this subtitle. A nonpublic elementary school may provide a free breakfast program in accordance with this subtitle. If a nonpublic elementary school provides a free breakfast program, the participating nonpublic elementary school shall be eligible for the State reimbursement of the student share of the costs for those breakfasts under § 7–703 of this subtitle. The free breakfast required to be provided under this section shall meet the standards of the U.S. Department of Agriculture.

The State Superintendent shall exempt any elementary school from the requirements of this subtitle if: The school has made a breakfast program available for at least 3 consecutive months; and The participation is less than 25% of the number of students eligible for free and reduced price eligible meals in each month; The county board approves an alternative nutrition program that the school has instituted; The school regularly conducts an assessment of the alternative program that provides evidence of success in achieving program objectives; and The school submits an annual report of the assessment to the county board and the State; The school requests an exemption for reasons of a compelling nature to the county board; and After review and approval, the county board submits the request for exemption to the State Superintendent; or The school has less than 15% of its enrollment approved for free and reduced price eligible meals. The exemption in subsection (a)(4) of this section shall continue from year to year without the need for reapplication, until there is a 10% increase in the number of students approved for free and reduced price eligible meals.

The free breakfast program under this subtitle shall be suspended if the per meal reimbursement that the federal government provides for the breakfast program is: Reduced below the rate prescribed on July 1, 2013; or Adjusted by the Secretary of the U.S. Department of Agriculture, as of the most recent July 1 under the national Child Nutrition Act, and the per meal reimbursement is below the adjusted rate. The State reimbursement to a county board of education or a participating nonpublic school for each meal under subsection (a) of this section shall be determined as follows: Multiply the number of reduced price eligible breakfasts served statewide times the sum of the federal reimbursement rate for those breakfasts plus the student share of the cost for those breakfasts; Multiply the number of free breakfasts served statewide times the federal reimbursement rate for those breakfasts; and Divide the total of items (1) and (2) of this subsection by the total number of free and reduced price eligible breakfasts.

In this section the following words have the meanings indicated. “Program” means the Maryland Meals for Achievement In–Classroom Breakfast Program. “Secondary schools” includes middle schools and high schools. There is a school breakfast program in the State, known as the Maryland Meals for Achievement In–Classroom Breakfast Program. The Program is a joint effort of the Department and the county boards or sponsoring agencies for eligible nonpublic schools. The purpose of the Program is to provide funding for a school that makes an in–classroom breakfast available to all students in the school. The funding is intended to complement the funding received by a school from the federal government for a school breakfast program. The Department shall: Develop an application form for a school that desires to participate in the Program; Ensure that the schools that participate in the Program represent geographic and socioeconomic balance statewide; Subject to subsection (e) of this section, ensure that a school that participates in the Program is a school at which at least 40% of the registered students are eligible for the federal free or reduced price meal program; Select schools to participate in the Program, ensuring that an annual evaluation of the Program is conducted by the Department; Annually review and set the meal reimbursement rate for schools that participate in the Program to complement the federal meal reimbursement rate determined under § 7–703 of this subtitle; and Disburse the Program funds to the county board or the sponsoring agency. If a school that participates in the Program has less than 40% of the registered students eligible for the federal free or reduced price meal plan, the school shall remain eligible to participate in the Program for 1 year. If, after 1 year, the school’s percent of registered students eligible for the federal free or reduced price meal plan is less than 40%, the school is no longer eligible to participate in the Program. A county board or a sponsoring agency for an eligible nonpublic school shall: Apply to the Department for funds for schools within the jurisdiction of the board or for schools that are under the sponsoring agency that: Are eligible to participate in the Program; and Apply to the board or to the sponsoring agency to participate in the Program; and Submit an annual report to the Department on the Program, including the manner in which the funds have been expended. A school that participates in the Program shall: Implement an in–classroom breakfast program in which all students in the school may participate regardless of family income; Serve a breakfast that meets the guidelines of the Department and the nutritional standards of the U.S. Department of Agriculture for schools that participate in the federal school breakfast program; Except as provided in subsection (h) of this section, serve the breakfast in the classroom after the arrival of students to the school; Collect the data that the county board or the sponsoring agency and the Department require from participants in the Program; and Submit an annual report to the county board or the sponsoring agency. Secondary schools may serve breakfast in any broadly accessible part of the school, including from “Grab and Go” carts after the arrival of students to the school. If approved by the Department and the applicable county board, elementary schools may serve breakfast in any broadly accessible part of the school, including from “Grab and Go” carts after the arrival of students to the school, provided that students are allowed to consume the meal in the classroom after the start of the school day. The employee organization that is the exclusive representative of the certificated public school employees of a county board and the employee organization that is the exclusive representative of the noncertificated employees of a county board and the county board shall negotiate the terms of the participation of the employees in the Program. The Governor shall include in the annual budget bill an appropriation of $12,050,000 to the Program.