§18-5-37. School breakfast programs.
Beginning the school year one thousand nine hundred eighty-one -- eighty-two, and continuing thereafter, each county board of education shall establish and operate a school breakfast program under which a nutritious breakfast shall be made available to all pupils enrolled in the schools of the county in accord with standards of the state department of education. Such standards shall include guide lines for determining the eligibility of pupils for paid breakfasts, free breakfasts and reduced price breakfasts: Provided, That nothing herein contained shall prohibit any school from providing free breakfasts to all its pupils if revenues received from such programs exceed the costs of such programs: Provided, however, That a particular school which because of compelling circumstances is not able to provide a satisfactory school breakfast program may apply to the state superintendent of schools for a waiver. Upon application the state superintendent of schools shall give notice and the opportunity to be heard to the parents and school and shall review the specific reasons for the waiver request and if the state superintendent determines that a particular school is, because of compelling circumstances, not able to provide a satisfactory school breakfast program, it may be granted a waiver not to exceed two years except upon reapplication: Provided further, That if at any time federal financial appropriations to this state for school breakfast programs are terminated, county boards of education are hereby authorized but not required to continue such programs at their own expense.

The state superintendent of schools shall annually report to the Legislature on the first day of the regular session the schools exempted for that school term under the provisions of this section and shall state the reasons for such exemptions: Provided, That classroom teachers shall not be required to participate in the operation of the school breakfast program as part of their regular duties.

Note: WV Code updated with legislation passed through the 2012 1st Special Session