It is enacted by the General Assembly as follows:

SECTION 1. Section 16-8-10.1 of the General Laws in Chapter 16-8 entitled "Federal Aid" is hereby amended to read as follows:

16-8-10.1. Mandatory School Breakfast Program -- All public schools in which twenty percent (20%) or more of the students are eligible for free and reduced price type A lunches pursuant to section 16-8-10 and to federal and state regulations shall be required to make a breakfast program available to students attending the school. The breakfast program shall meet such rules and regulations as are adopted by the commissioner.

If a district projects that implementation of a school breakfast program in a traditional cafeteria-type setting is not manageable or cost effective, it may distribute a pre-packaged breakfast in a disposable container which shall be served to the students in a classroom setting before nine-thirty (9:30) a.m. shall make a breakfast program available to students attending the school. The breakfast shall meet such rules and regulations as are adopted by the commissioner.

SECTION 2. This act shall take effect upon passage.