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Lisa M.
Lisa M., Attorney
Category: Legal
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Experience:  3 years experience as general practioner.
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does new york education law(815) require a school district

Resolved Question:

does new york education law(815) require a school district to provide a scheduled lunch period for a full day pupil in grade 9 and if so, does a free period which falls outside one of the 4 specifically designated lunch periods satisfy the school district's obligation to provide a lunch period?
Submitted: 5 years ago.
Category: Legal
Expert:  Lisa M. replied 5 years ago.
DearCustomer

NYS Education Law states the following:

§ 813. School lunch period; scheduling. Each school shall schedule a
reasonable time for each full day pupil attending pre-kindergarten through grade twelve to consume lunch.

Therefore, the answer to your question is: Yes. A school district is required to provide a lunch period for a full day pupil in grade 9.

To your second question, as long as the lunch period is "reasonable" it can be at anytime of day.

Trust me, I understand your concern. My children have been eating lunch at 10:30 in the school district. I believe that you can argue that if it falls outside of the 4 designated lunch periods that the time is in fact, unreasonable. Thus, the school would be in violation of section 813.

What you can do is call the state board of education and file a complaint or bring the issue up to your local board of education.

I hope that I've answered your question. If I have, please press the accept button so I may be paid. If you have more questions, let me know.

Best regards,
Lisa M.

Thank you for your JustAnswer request. Please be advised that since each State has different laws, I am not able to give you a complete answer that a local attorney may provide. Additionally, this answer does not constitute legal advice and there no attorney-client relationship between us. You understand that Lisa M. is providing this information for the sole purpose of helping you to seek and find legal counsel in your particular state.

Customer: replied 5 years ago.

ok but just to clarify and follow up- If the school designates pds. 4-8 the school lunch periods and they gave my son a free 9th period- the last period of the day but that is still within the 2 p.m. deadline under the statute, can they now claim that 9th pd. is his lunch period even thought its not one of their designated lunch times?

also, in the alternative, they say that instead he can eat during a class (while trying to take notes and pay attention) -- can this be considered scheduling him "a reasonable time to consume lunch" within the meaning of the statute?

Expert:  Lisa M. replied 5 years ago.
DearCustomer

If the deadline under the statute is defined as before 2PM, and they schedule lunch before that deadline, than it would be reasonable as a matter of law.

No. Forcing a child to eat during a class is not a reasonable time to consume lunch. You cannot eat lunch and concentrate on classes at the same time. The purpose of having a separate statute regarding a lunch period is to set aside a separate lunch time for the students.

Best regards,
Lisa M.

Thank you for your JustAnswer request. Please be advised that since each State has different laws, I am not able to give you a complete answer that a local attorney may provide. Additionally, this answer does not constitute legal advice and there no attorney-client relationship between us. You understand that Lisa M. is providing this information for the sole purpose of helping you to seek and find legal counsel in your particular state.

Lisa M., Attorney
Category: Legal
Satisfied Customers: 111
Experience: 3 years experience as general practioner.
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