HF 2280

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 01:58pm

A bill for an act
relating to education finance; authorizing school districts to seek reimbursement
of unpaid school meals money from the Minnesota Department of Education;
amending Minnesota Statutes 2012, section 124D.111, as amended; Laws 2013,
chapter 116, article 9, section 1, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 124D.111, as amended by Laws 2013,
chapter 125, article 1, section 27, is amended to read:

124D.111 LUNCH AID; FOOD SERVICE ACCOUNTING.

Subdivision 1.

School lunch aid computation.

new text begin (a) new text end Each school year, the state must
pay participants in the national school lunch program the amount of 12.5 cents for each
full paid, reduced-price, and free student lunch served to students.

new text begin (b) Each year, the Minnesota Department of Education must reimburse school
districts for the costs of unpaid meals according to subdivision 3.
new text end

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 deleted text begin this deleted text end new text begin school
meal new text end payment new text begin and reimbursement of unpaid meals new text end on forms provided by the department.

Subd. 3.

School food service fund.

(a) The expenses described in this subdivision
must be recorded as provided in this subdivision.

(b) In each district, the expenses for a school food service program for pupils must
be attributed to a school food service fund. Under a food service program, the school
food service may prepare or serve milk, meals, or snacks in connection with school or
community service activities.

(c) Revenues and expenditures for food service activities must be recorded in the
food service fund. The costs of processing applications, accounting for meals, preparing
and serving food, providing kitchen custodial services, and other expenses involving the
preparing of meals or the kitchen section of the lunchroom may be charged to the food
service fund or to the general fund of the district. The costs of lunchroom supervision,
lunchroom custodial services, lunchroom utilities, and other administrative costs of the
food service program must be charged to the general fund.

That portion of superintendent and fiscal manager costs that can be documented as
attributable to the food service program may be charged to the food service fund provided
that the school district does not employ or contract with a food service director or other
individual who manages the food service program, or food service management company.
If the cost of the superintendent or fiscal manager is charged to the food service fund,
the charge must be at a wage rate not to exceed the statewide average for food service
directors as determined by the department.

(d) Capital expenditures for the purchase of food service equipment must be made
from the general fund and not the food service fund, unless the unreserved balance in the
food service fund at the end of the last fiscal year is greater than the cost of the equipment
to be purchased.

(e) If the condition set out in paragraph (d) applies, the equipment may be purchased
from the food service fund.

(f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit
is not eliminated by revenues from food service operations in the next fiscal year, then the
deficit must be eliminated by a permanent fund transfer from the general fund at the end of
that second fiscal year. However, if a district contracts with a food service management
company during the period in which the deficit has accrued, the deficit must be eliminated
by a payment from the food service management company.

(g) Notwithstanding paragraph (f), a district may incur a deficit in the food service
fund for up to three years without making the permanent transfer if the district submits
to the commissioner by January 1 of the second fiscal year a plan for eliminating that
deficit at the end of the third fiscal year.

(h) If a surplus in the food service fund exists at the end of a fiscal year for three
successive years, a district may recode for that fiscal year the costs of lunchroom
supervision, lunchroom custodial services, lunchroom utilities, and other administrative
costs of the food service program charged to the general fund according to paragraph (c)
and charge those costs to the food service fund in a total amount not to exceed the amount
of surplus in the food service fund.

new text begin (i) If a participant in the national school lunch program has adopted a policy under
subdivision 4 and unpaid school meal fees from the families of students, the participant
may submit a form to the department for reimbursement of the unpaid meal fees.
new text end

new text begin Subd. 4. new text end

new text begin Policy of no refusal. new text end

new text begin The governing board of a participant is eligible for
reimbursement of unpaid school meals served to children if the governing board has
adopted a policy ensuring a student who does not pay for the meal may receive the same
meal as all other students. The policy must also ensure that reminders for payment do not
demean or stigmatize children.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Laws 2013, chapter 116, article 9, section 1, subdivision 2, is amended to read:

Subd. 2.

Department.

(a) For the Department of Education:

	$	20,058,000	.....	2014
	$	19,308,000	.....	2015

Any balance in the first year does not cancel but is available in the second year.

(b) $260,000 each year is for the Minnesota Children's Museum.

(c) $41,000 each year is for the Minnesota Academy of Science.

(d) $50,000 each year is for the Duluth Children's Museum.

(e) $618,000 each year is for the Board of Teaching. Any balance in the first year
does not cancel but is available in the second year.

(f) $167,000 each year is for the Board of School Administrators. Any balance in
the first year does not cancel but is available in the second year.

(g) The expenditures of federal grants and aids as shown in the biennial budget
document and its supplements are approved and appropriated and shall be spent as
indicated.

(h) None of the amounts appropriated under this subdivision may be used for
Minnesota's Washington, D.C. office.

(i) $250,000 each year is for the School Finance Division to enhance financial data
analysis.

(j) $750,000 in fiscal year 2014 only is for departmental costs associated with
teacher development and evaluation. Any balance in the first year does not cancel and
is available in the second year.

new text begin (k) The amounts appropriated under this subdivision may be used for school meals
reimbursements under Minnesota Statutes, section 124D.111.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end