HF 1985

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/23/2022 12:27pm

A bill for an act
relating to education finance; creating a community eligibility provision requirement
for school meal program participation; modifying compensatory revenue; amending
Minnesota Statutes 2020, section 126C.05, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapter 124D.

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

Section 1.

new text begin [124D.1112] COMMUNITY ELIGIBILITY PROVISION
PARTICIPATION AND TECHNICAL ASSISTANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Community eligibility provision" means the reimbursement option available for the
national school lunch program and national school breakfast program, as defined under
Code of Federal Regulations, title 7, section 245.9.
new text end

new text begin (c) "Community-eligibility qualifying school" means a school that, as determined by
the Department of Education by April 1 of each year, meets the eligibility criteria specified
in Code of Federal Regulations, title 7, section 245.9, for participation in the community
eligibility provision. A school will be found to meet the eligibility criteria if the department
determines it qualifies to do so as an individual school, as part of an entire local educational
agency, or as part of a group of schools within a local educational agency, as defined under
Code of Federal Regulations, title 7, section 245.9(f).
new text end

new text begin (d) "Full-reimbursement qualifying school" means a community-eligibility qualifying
school that, as determined by the department by April 1 of each year, has an identified
student percentage sufficient to allow the school to claim reimbursement through the
community eligibility provision at the applicable federal free rate for all meals served within
the school as part of the national school lunch program and national school breakfast program.
A school will be found to satisfy this definition if the department determines that it meets
this criteria as an individual school, part of an entire local educational agency, or part of a
group of schools within a local educational agency, as defined under Code of Federal
Regulations, title 7, section 245.9(f).
new text end

new text begin (e) "Identified student" and "identified student percentage" have the meanings as defined
under Code of Federal Regulations, title 7, section 245.9.
new text end

new text begin (f) "Local educational agency" has the meaning as defined under Code of Federal
Regulations, title 7, section 245.2.
new text end

new text begin (g) "National school breakfast program" means the nonprofit breakfast program
established by section 4 of the Child Nutrition Act of 1966, as defined under United States
Code, title 42, section 1773.
new text end

new text begin (h) "National school lunch program" means the nonprofit lunch program established
under the Richard B. Russell National School Lunch Act, as defined under United States
Code, title 42, section 1751, et seq.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of this section is to leverage federal funding through the
community eligibility provision to support students in achieving their academic potential,
provide students with increased access to nutritious options while they are developing
life-long eating habits, and reduce stigma associated with receiving free school meals.
new text end

new text begin Subd. 3. new text end

new text begin Department duties. new text end

new text begin (a) In addition to fulfilling any other applicable state and
federal requirements, the department must provide to each local educational agency a list
of schools as defined under Code of Federal Regulations, title 7, section 245.9(f)(5), within
the time frame described therein, and must gather the information necessary to compile this
list. As is allowed by the Code of Federal Regulations, this provision thereby exempts local
educational agencies from the requirement to submit this information to the state.
new text end

new text begin (b) Within the time frame described in paragraph (a), the department must notify local
educational agencies with one or more community-eligibility qualifying schools that are
not full-reimbursement qualifying schools of the option to elect, for any such schools,
national school lunch program and national school breakfast program meal reimbursement
through the community eligibility provision.
new text end

new text begin (c) Within the time frame described in paragraph (a), the department must (1) identify
full-reimbursement qualifying schools; (2) provide each local educational agency with one
or more full-reimbursement qualifying schools a list of those schools; and (3) notify those
local educational agencies of the obligation to elect for any qualifying schools national
school lunch program and national school breakfast program meal reimbursement through
the community eligibility provision.
new text end

new text begin (d) The department must provide technical assistance to a local educational agency with
one or more community-eligibility qualifying schools to assist them in meeting any state
and federal requirements necessary in order to receive reimbursement through the community
eligibility provision.
new text end

new text begin (e) The department must ensure appropriate reimbursement rates for schools and districts
using the community eligibility provision.
new text end

new text begin (f) If a school or district is ineligible to receive reimbursement through the community
eligibility provision, the department must assist the school or district, if feasible, in achieving
eligibility.
new text end

new text begin (g) The department shall conduct an annual review to identify local educational agencies
that have not fully complied with subdivision 4 and provide notification of that determination
to the relevant local educational agencies within 30 days of making that determination.
new text end

new text begin Subd. 4. new text end

new text begin Community eligibility provision; required participation; exemption. new text end

new text begin (a)
Except as provided otherwise by this section, effective in the 2022-2023 school year and
every school year thereafter, each school that is qualified for full reimbursement must
participate in the community eligibility provision in the subsequent school year and
throughout the duration of the community eligibility provision's four-year cycle.
new text end

new text begin (b) Schools that, through an arrangement with a local entity, provide meals to all students
and at no cost to the students are exempt from the requirements of this section.
new text end

new text begin Subd. 5. new text end

new text begin Reporting obligations for noncompliant full-reimbursement qualifying
schools. new text end

new text begin A local agency with one or more schools that qualify for full reimbursement that
fails to comply with subdivision 4 must respond to a notification of noncompliance from
the department within 60 days of receipt of the notification. The response must include a
report available to the public on any obstacles to participation that contributed to the
noncompliance and plans to ensure compliance for the following school year.
new text end

Sec. 2.

Minnesota Statutes 2020, section 126C.05, subdivision 3, is amended to read:

Subd. 3.

Compensation revenue pupil units.

Compensation revenue pupil units for
fiscal year 1998 and thereafter must be computed according to this subdivision.

(a) The compensation revenue concentration percentage for each building in a district
equals the product of 100 times the ratio of:

(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch
plus one-half of the pupils eligible to receive reduced priced lunch on October 1 of the
previous fiscal year; to

(2) the number of pupils enrolled in the building on October 1 of the previous fiscal
year.

(b) The compensation revenue pupil weighting factor for a building equals the lesser of
one or the quotient obtained by dividing the building's compensation revenue concentration
percentage by 80.0.

(c) The compensation revenue pupil units for a building equals the product of:

(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch
and one-half of the pupils eligible to receive reduced priced lunch on October 1 of the
previous fiscal year; times

(2) the compensation revenue pupil weighting factor for the building; times

(3) .60.

(d) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten programs under
section 124D.151, charter schools, and contracted alternative programs in the first year of
operation, compensation revenue pupil units shall be computed using data for the current
fiscal year. If the voluntary prekindergarten program, charter school, or contracted alternative
program begins operation after October 1, compensatory revenue pupil units shall be
computed based on pupils enrolled on an alternate date determined by the commissioner,
and the compensation revenue pupil units shall be prorated based on the ratio of the number
of days of student instruction to 170 days.

(e) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten seats discontinued
in fiscal year 2022 due to the reduction in the participation limit under section 124D.151,
subdivision 6, those discontinued seats must not be used to calculate compensation revenue
pupil units for fiscal year 2022.

(f) The percentages in this subdivision must be based on the count of individual pupils
and not on a building average or minimum.

new text begin (g) Notwithstanding paragraph (f), for fiscal year 2022 and later, for a school participating
in the community eligibility provision program or special assistance program under section
11(a)(1), of the Richard B. Russell National School Lunch Act, United States Code, title
42, section 1759a, compensation revenue pupil units may be calculated using the first year
of the four-year cycle student counts for each year a school participates in the program.
Schools may include additional students who are eligible for free and reduced-price meals
who enroll during the four-year cycle for the purpose of the compensatory revenue count.
new text end