• Texas Department of Agriculture | Universal Breakfast Waiver | March 10, 2021

  • Universal Breakfast Waiver
    School Year (SY) 2025-2026
     
  • School districts or open-enrollment charter campuses must offer universal breakfast at no charge if the campus has 80 percent of its eligible National School Lunch Program participants qualify for free or reduced-price meals.  However, a school district or open-enrollment campus (hereinafter "contracting entity" or "CE") may also request a waiver from the requirement to offer universal breakfast requirements if the CE meets all of the following conditions:
     
  • 1. The school district's board of trustees or governing body for an open-enrollment charter campuses must make the decision to request a waiver at the annual meeting of the board of trustees under Section 44.004 of the Texas Education Code or at the annual meeting of the governing body called to adopt a budget for the open-enrollment charter school for the succeeding year.  
     
    (NOTE: In most cases, CEs will have a board of trustees. However, there are some charter schools in Texas that have different type of governing boards. Texas Education Code - Section 12.1012 provides definitions which may assist charter schools in evaluating S.B. 376, 83rd Leg. R.S. (2013) pertaining to breakfast for certain public school students.)   
     
    2. The decision related to the universal breakfast waiver must be a separate item on the agenda for the meeting where the CE's board of trustees or governing body considers the request for waiver.  
     
    3. The public must be given an opportunity to comment on the board or governing body’s decision to request a waiver of the universal breakfast requirement. 
     
    4. The waiver request must be signed by an authorized representative of the CE as listed on an FND 101 form approved by TDA prior to the submission of the waiver request.  
     

  • If approved, this waiver applies only to School Year (SY) 2025-2026.

    If approved, the CE is required to retain documentation that demonstrates that the CE meets the requirements for a waiver set out in S.B. 376, 83rd Leg. R.S. (2013). In Texas, school districts and charter schools are required to retain records for five years. The term "documentation" includes, but is not limited to, the meeting agenda, meeting minutes, public comment announcements, survey and opinion poll results, and social media posts. 

    Questions about the universal breakfast waiver may be submitted to the Texas Department of Agriculture (TDA) by email to SNPWaivers@TexasAgriculture.gov. Universal Breakfast Waiver should be recorded in the subject line of the email.

  • To submit a waiver to the Texas Department of Agriculture (TDA), take the following actions:
    • Complete this form
    • Click SUBMIT when the form is completed
    * Indicates required information.
     
  • Universal Breakfast Waiver
    School Year (SY) 2025-2026
     
  • Part I: Contracting Entity (CE) Information
     
  • Part II: Board or Governing Body Decision to Request a Waiver
     
  • Answer the following questions about the board's decision to request a universal breakfast waiver.
     
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  • Part III: Public Opportunity to Comment on Requesting a Universal Breakfast Waiver
     
  • Strategies for Public Comment
    What strategies were used to provide the public with an opportunity to comment on the board's decision to request a universal breakfast waiver?
     


    If other is selected, the text box must have content. 
     

  • This waiver applies to the following campus(es).

    • Enter the only one (1) Site ID and Campus Name in the text box.
    • Click "Save" to enter the information for another campus.
    • Use the "Edit" and "Remove" options to edit or remove the information.
    • There is no limit to the number of campuses that can be entered.
    • When you are finished entering in the information on all of the campuses, go on to the next section. (There will be an empty Site ID and Campus Name field.)

  • Part IV: Required Statements and Signature

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  • Select "Submit" to send form to TDA.
     
    It may take a few minutes for the form to submit depending on your connection speed. Please click "Submit" only once. You will receive a confirmation message when the submission is complete.
     
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