191.810.  Department of health and senior services to establish standards for summer food service program — where established — order of priority — waiver, filing required. — 1.  By January 1, 1993, the department of health and senior services shall establish standards for a summer food service program for eligible children pursuant to the provisions of 42 U.S.C. 1761.

  2.  By July 1, 1993, those areas of the state whose perimeters are defined by school districts which have fifty percent or more of their children eligible for free or reduced price lunches, and where more than forty children congregate at a service institution, shall have at least one summer food service program in operation providing meals to all children, both breakfast and lunch, if practicable.  For the purposes of this section:

  (1)  "Program" means the summer food service program for children authorized by 42 U.S.C. 1761;

  (2)  "Service institution" means public or private nonprofit school food authorities, local, municipal, or county governments, public or private nonprofit higher education institutions participating in the National Youth Sports Program, and residential public or private nonprofit summer camps that develop special summer or school vacation programs providing food service similar to that made available to children during the school year under the school lunch program or the school breakfast program under the Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq.

  3.  The following order of priority shall be used in determining participation where more than one service institution is eligible to serve the same area:

  (1)  Local schools or service institutions that have demonstrated successful program performance in a prior year;

  (2)  Service institutions that prepare meals at their own facilities or operate only one site;

  (3)  Service institutions that use local school food facilities for the preparation of meals;

  (4)  Other service institutions that have demonstrated ability for successful program operation;

  (5)  Service institutions that plan to integrate the program with federal, state or local employment programs; and

  (6)  Private nonprofit organizations eligible under 42 U.S.C. 1761(7).

  4.  A school shall receive a waiver from the requirements of this section if the school board of the school district by majority vote adopts a resolution requesting a waiver.

  5.  A school district requesting a waiver must file in writing notification that it has adopted a resolution which excuses the district from the requirements of this section.  Such writing shall be filed with the Missouri department of elementary and secondary education.  Such a waiver shall be valid for a period^* of three years.