Michigan Compiled Laws

Mich. Comp. Laws § 380.1272a (2026)

Lunch program; breakfast program.

✓ current as of July 2026

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THE REVISED SCHOOL CODE

Act 451 of 1976

380.1272a Lunch program; breakfast program.

Sec. 1272a.

(1) The board of a K to 12 school district shall, and the board of another school district may, establish and operate a program under which lunch is made available to all full-time pupils enrolled and in regular daily attendance at each public school of the school district.

(2) The board of a K to 12 school district shall establish and operate a program under which breakfast is made available to all full-time pupils enrolled and in regular daily attendance at each public school of the school district unless no more than 20% of the pupils enrolled in the school building in the immediately preceding school year met the income eligibility criteria for free or reduced-price lunch under the federally funded school lunch program, as determined using October claims reported to the department by December 31 of the immediately preceding school year, and, after a public hearing on the issue, which shall be held annually with notice to parents and pupils, the board decides not to operate such a program in that school building and publishes a public justification report explaining its decision. The board of another school district may establish and operate a school breakfast program.

(3) To the extent permitted by federal law, the department shall encourage innovative cost effective models of breakfast distribution designed to maximize pupil participation.

History: Add. 1977, Act 43, Imd. Eff. June 29, 1977 ;-- Am. 1990, Act 35, Imd. Eff. Mar. 22, 1990 ;-- Am. 1993, Act 335, Imd. Eff. Dec. 31, 1993 ;-- Am. 1995, Act 289, Eff. July 1, 1996

PopularName Notes:

Act 451

Notes of Decisions

Cited in 4 cases, 1990–2000 · leading case: Durant v. State of Michigan, 566 N.W.2d 272 (Mich. 1997).

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Durant v. State of Michigan, 566 N.W.2d 272 (Mich. 1997). · cites it 6× “§§ 380.1272a through 380.1272d; M.S.A. §§ 15.”

Schmidt v. Dep't of Educ., 490 N.W.2d 584 (Mich. 1992). · cites it 4× “41153 (bilingual education); MCL 380.1272a; MSA 15.41272(1) (lunch and supplemental milk programs).”

Durant v. Dep't of Educ., 463 N.W.2d 461 (Mich. Ct. App. 1990). “2511, and school lunch and supplemental milk programs, MCL 380.1272a; MSA 15.41272(1). Judge Deneweth also found that defendants withheld funding in *101 violation of § 29 for each of the services listed in the preceding sentence with the exception of bilingual education.”

Durant v. State, Dept. of Educ., 605 N.W.2d 66 (Mich. Ct. App. 2000). “s, the Legislature directs the school districts with regard to how to spend the funds allocated in subsection 31a(l) in the various provisions of § 31a, including subsection 31a(5), which provides in pertinent part: A district or public school academy that receives funds under…”

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