Minnesota Legislature
HF 1729
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/14/2022 04:25pm
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A bill for an act
relating to education; creating the healthy and hunger-free schools program;
amending Minnesota Statutes 2020, section 124D.111, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapter 124D; repealing Minnesota
Statutes 2020, sections 124D.111, subdivisions 1, 2; 124D.1158; 124D.117.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 124D.111, subdivision 4, is amended to read:
Subd. 4.
No fees.
A new text begin school district, charter school, nonpublic school, or any other
new text end participant that receives school lunch aid under this section must make lunch available
without charge to all participating students who qualify for free or reduced-price meals.
deleted text begin The participant must alsodeleted text end new text begin Any participant providing meals to students mustnew text end ensure that any
reminders for payment of outstanding student meal balances do not demean or stigmatize
any child participating in the school lunch program.
Sec. 2.
new text begin
[124D.1112] HEALTHY AND HUNGER-FREE SCHOOLS PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purpose of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "National school lunch program" means the nonprofit lunch program established
under the Richard B. Russell National School Lunch Act, as codified at United States Code,
title 42, section 1751, et seq.
new text end
new text begin
(c) "National school breakfast program" means the nonprofit breakfast program
established by section 4 of the Child Nutrition Act of 1966, as codified at United States
Code, title 42, section 1773.
new text end
new text begin
(d) "Community eligibility provision" means the reimbursement option available for the
national school lunch and breakfast programs, as described at Code of Federal Regulations,
title 7, section 245.9.
new text end
new text begin
(e) "Identified student" and "identified student percentage" have the meanings given in
Code of Federal Regulations, title 7, section 245.9.
new text end
new text begin
(f) "Breakfast after the bell" means breakfast that can be eaten at or after the start of the
school day, including during morning classes and nutrition breaks, or between morning
classes.
new text end
new text begin
(g) "Local educational agency" has the meaning given in Code of Federal Regulations,
title 7, section 245.2.
new text end
new text begin Subd. 2. new text end
new text begin Purpose. new text end
new text begin
The purpose of the healthy and hunger-free schools program is to
ensure that all students are supported in achieving their academic potential, that all students
have access to nutritious options while they are developing lifelong eating habits, and that
there is no stigma associated with receiving free school meals.
new text end
new text begin Subd. 3. new text end
new text begin Lunch and breakfast offered without charge to students. new text end
new text begin
Each school that
participates in the national school lunch program must make breakfast and lunch available
through the national school lunch and breakfast programs without charge to any of its
students in kindergarten through grade 12. Schools must also make meals available without
charge to students enrolled in voluntary prekindergarten programs approved under section
124D.151.
new text end
new text begin Subd. 4. new text end
new text begin Department duties. new text end
new text begin
(a) In addition to any other applicable state and federal
requirements, the department must provide the lists of potential community eligibility
schools identified in Code of Federal Regulations, title 7, section 245.9(f)(5), to each local
educational authority within the time frame required. The department may exempt local
educational agencies from the requirement to submit this information if it is already collected
by the state. The department must identify local educational agencies, including individual
schools, a group of schools within a district, or school districts, that have a student percentage
sufficient for the local educational agency to elect the community eligibility provision under
Code of Federal Regulations, title 7, section 245.9(f). The department must provide
notification to the relevant local educational agencies within the time frame required.
new text end
new text begin
(b) Within the time frame required in Code of Federal Regulations, title 7, section
245.9(f), for state agencies to notify local educational agencies of their community eligibility
status, the department must also contemporaneously notify the local educational agencies
of their obligation to elect reimbursement through the community eligibility provision.
new text end
new text begin
(c) The department must provide technical assistance to all local educational agencies
to assist them with meeting any state and federal requirements necessary in order to receive
reimbursement through the community eligibility provision.
new text end
new text begin
(d) The department must ensure appropriate reimbursement rates for schools and districts
using the community eligibility provision.
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new text begin
(e) For schools and districts ineligible to receive reimbursement through the community
eligibility provision, the department must assist the schools and districts, if feasible, in
achieving eligibility.
new text end
new text begin
(f) To maximize federal reimbursements, the department must encourage schools to
offer breakfast after the bell programs and provide technical assistance to support schools
in implementing the programs.
new text end
new text begin Subd. 5. new text end
new text begin Federal reimbursement through community eligibility provision. new text end
new text begin
Each local
educational authority must claim reimbursement for the community eligibility provision
for each of its schools participating in the national school lunch program that are identified
by the department as meeting, either individually or as a group, the identified student
percentage necessary for reimbursement, and must provide to the department any
documentation necessary to complete the eligible reimbursement.
new text end
new text begin Subd. 6. new text end
new text begin School lunch aid computation. new text end
new text begin
(a) Each school year, the state must pay
participants in the federal school lunch program the difference, if any, between the applicable
federal free rate and any amounts paid by federal sources for each lunch served. The state
must also reimburse participants an additional $0.125 for each lunch reimbursed by the
federal government at the national school lunch program free or reduced-price lunch rate.
new text end
new text begin
(b) The department may adopt any rules necessary for making reimbursements under
this section.
new text end
new text begin Subd. 7. new text end
new text begin School breakfast aid computation. new text end
new text begin
(a) Each school year, the state must pay
participants in the federal school breakfast program the difference, if any, between the
applicable federal free rate and any amounts paid by federal sources for each breakfast
served.
new text end
new text begin
(b) The department may adopt any rules necessary for making reimbursements under
this section.
new text end
Sec. 3. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 124D.111, subdivisions 1 and 2; 124D.1158; and
124D.117,
new text end
new text begin
are repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 21-02730
124D.111 SCHOOL MEALS POLICIES; LUNCH AID; FOOD SERVICE ACCOUNTING.
Subdivision 1.
School meals policies.
(a) Each Minnesota participant in the national school lunch program must adopt and post to its website, or the website of the organization where the meal is served, a school meals policy.
(b) The policy must be in writing and clearly communicate student meal charges when payment cannot be collected at the point of service. The policy must be reasonable and well-defined and maintain the dignity of students by prohibiting lunch shaming or otherwise ostracizing the student.
(c) The policy must address whether the participant uses a collections agency to collect unpaid school meals debt.
(d) The policy must ensure that once a participant has placed a meal on a tray or otherwise served the meal to a student, the meal may not be subsequently withdrawn from the student by the cashier or other school official, whether or not the student has an outstanding meals balance.
(e) The policy must ensure that a student who has been determined eligible for free and reduced-price lunch must always be served a reimbursable meal even if the student has an outstanding debt.
(f) If a school contracts with a third party for its meal services, it must provide the vendor with its school meals policy. Any contract between the school and a third-party provider entered into or modified after July 1, 2021, must ensure that the third-party provider adheres to the participant's school meals policy.
Subd. 2.
Application.
A school district, charter school, nonpublic school, or other participant in the national school lunch program shall apply to the department for this payment on forms provided by the department.
124D.1158 SCHOOL BREAKFAST PROGRAM.
Subdivision 1.
Purpose.
The purpose of the school breakfast program is to provide affordable morning nutrition to children so that they can effectively learn. Public and nonpublic schools that participate in the federal school breakfast program may receive state breakfast aid. Schools shall encourage all children to eat a nutritious breakfast, either at home or at school, and shall work to eliminate barriers to breakfast participation at school such as inadequate facilities and transportation.
Subd. 2.
Program; eligibility.
Each school year, public and nonpublic schools that participate in the federal school breakfast program are eligible for the state breakfast program.
Subd. 3.
Program reimbursement.
Each school year, the state must reimburse each participating school 30 cents for each reduced-price breakfast, 55 cents for each fully paid breakfast served to students in grades 1 to 12, and $1.30 for each fully paid breakfast served to a prekindergarten student enrolled in an approved voluntary prekindergarten program under section 124D.151 or a kindergarten student.
Subd. 4.
No fees.
A school that receives school breakfast aid under this section must make breakfast available without charge to all participating students in grades 1 to 12 who qualify for free or reduced-price meals and to all prekindergarten students enrolled in an approved voluntary prekindergarten program under section 124D.151 and all kindergarten students.
124D.117 DISTRICTS TO OFFER SCHOOL BREAKFAST PROGRAM.
Subdivision 1.
Breakfast required.
A district must offer a school breakfast program in every school building in which at least 33 percent of the school lunches served during the second preceding school year were served free or at a reduced price.
Subd. 2.
Exemption.
Subdivision 1 does not apply to a school in which fewer than 25 pupils are expected to take part in the program. It also does not apply to a district that does not participate in the national school lunch program.