(a) (1) In this section the following words have the meanings indicated. (2) "Program" means the Maryland Meals for Achievement In- Classroom Breakfast Program. (3) "Secondary schools" includes middle schools and high schools. (b) (1) There is a school breakfast program in the State, known as the Maryland Meals for Achievement In-Classroom Breakfast Program. (2) The Program is a joint effort of the Department and the county boards or sponsoring agencies for eligible nonpublic schools. (c) (1) 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. (2) The funding is intended to complement the funding received by a school from the federal government for a school breakfast program. (d) The Department shall: (1) Develop an application form for a school that desires to participate in the Program; (2) Ensure that the schools that participate in the Program represent geographic and socioeconomic balance statewide; (3) 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; (4) Select schools to participate in the Program, ensuring that an annual evaluation of the Program is conducted by the Department; (5) 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 (6) Disburse the Program funds to the county board or the sponsoring agency. (e) (1) 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. (2) 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. (f) A county board or a sponsoring agency for an eligible nonpublic school shall: (1) Apply to the Department for funds for schools within the jurisdiction of the board or for schools that are under the sponsoring agency that: (i) Are eligible to participate in the Program; and (ii) Apply to the board or to the sponsoring agency to participate in the Program; and (2) Submit an annual report to the Department on the Program, including the manner in which the funds have been expended. (g) A school that participates in the Program shall: (1) Implement an in-classroom breakfast program in which all students in the school may participate regardless of family income; (2) Serve a breakfast that meets the guidelines of the Department and the nutritional standards of the United States Department of Agriculture for schools that participate in the federal school breakfast program; (3) Except as provided in subsection (h) of this section, serve the breakfast in the classroom after the arrival of students to the school; (4) Collect the data that the county board or the sponsoring agency and the Department require from participants in the Program; and (5) Submit an annual report to the county board or the sponsoring agency. (h) (1) 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. (2) 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. (i) 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. (j) The Governor shall include in the annual budget bill an appropriation of $12,050,000 to the Program. §7-801. IN EFFECT (a) (1) In this section the following words have the meanings indicated. (2) (i) "Nonpublic school" means an elementary or secondary school in the State that is not part of the public elementary and secondary education system of this State. (ii) "Nonpublic school" includes an elementary or secondary school in Calvert County that does not receive State aid. (3) "Public school bus" includes any other conveyance used to transport students to a public school. (b) (1) At its own expense, a county governing body may provide transportation for public school students in addition to the transportation provided by the State. (2) In Montgomery County, a fee may not be charged for transporting public school students to school from their designated bus stop locations or from school to their designated bus stop locations. (c) (1) A county board may provide transportation to and from school using a vehicle other than a Type I or Type II school vehicle, as defined in § 11-154 of the Transportation Article, when a school vehicle cannot reasonably be provided for the following public school students: (i) Preschool-age students; (ii) Students with disabilities; (iii) Homeless youth; (iv) Children in foster care; (v) Students without access to school buses; (vi) Students in a nonpublic school placement; or (vii) Students in dual enrollment programs, work programs, or other educational programs based off the school campus. (2) A county board may provide transportation in accordance with this subsection to a particular student group that is not listed under paragraph (1) of this subsection through a written determination by the county board. (3) The Department, in consultation with county boards and the Motor Vehicle Administration, shall adopt regulations establishing minimum vehicle and driver safety standards for transportation provided in accordance with this subsection. (d) (1) Subject to the requirements of paragraph (2) of this subsection, in Calvert County the county board may provide transportation to and from school on a public school bus for a student who attends a nonpublic school. (2) Transportation offered by the Calvert County Board under this section shall be offered to a student attending a nonpublic school: (i) If there is sufficient capacity on the school bus; (ii) If the student resides on, along, or near a public highway in the county on which a public school bus or conveyance operates; (iii) If the student resides in the public school transportation district served by the public school bus; (iv) Only on the routes, school days, and hours of transportation that coincide with the routes, school days, and hours of transportation for students attending public schools in the county; and (v) In the case of a student who attends a nonpublic school that is not on the public school bus route, only to the public school on the route which is nearest to the nonpublic school. (3) The Calvert County Board is not responsible for the safety of any nonpublic school student who is transported on a public school bus under this subsection after the student is discharged from the public school bus, and the board may not be held liable in any civil action arising from an act or omission that occurs after the student is discharged from the public school bus. §7-801. // EFFECTIVE JUNE 30, 2026 PER CHAPTERS 197 AND 198 OF 2021 // (a) (1) In this section the following words have the meanings indicated. (2) "Nonpublic school" means an elementary or secondary school in Calvert County that does not receive State aid. (3) "Public school bus" includes any other conveyance used to transport students to a public school. (b) (1) At its own expense, a county governing body may provide transportation for public school students in addition to the transportation provided by the State. (2) In Montgomery County, a fee may not be charged for transporting public school students to school from their designated bus stop locations or from school to their designated bus stop locations. (c) (1) Subject to the requirements of paragraph (2) of this subsection, in Calvert County the county board may provide transportation to and from school on a public school bus for a student who attends a nonpublic school. (2) Transportation offered by the Calvert County Board under this section shall be offered to a student attending a nonpublic school: (i) If there is sufficient capacity on the school bus; (ii) If the student resides on, along, or near a public highway in the county on which a public school bus or conveyance operates; (iii) If the student resides in the public school transportation district served by the public school bus; (iv) Only on the routes, school days, and hours of transportation that coincide with the routes, school days, and hours of transportation for students attending public schools in the county; and (v) In the case of a student who attends a nonpublic school that is not on the public school bus route, only to the public school on the route which is nearest to the nonpublic school. (3) The Calvert County Board is not responsible for the safety of any nonpublic school student who is transported on a public school bus under this subsection after the student is discharged from the public school bus, and the board may not be held liable in any civil action arising from an act or omission that occurs after the student is discharged from the public school bus.
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