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HF 4075

as introduced - 91st Legislature (2019 - 2020) Posted on 03/04/2020 03:36pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/04/2020

Current Version - as introduced

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A bill for an act
relating to education; modifying school meal policy and aid provisions;
appropriating money; amending Minnesota Statutes 2018, sections 124D.111;
126C.05, subdivision 16; Laws 2019, First Special Session chapter 11, article 7,
section 1, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 124D.111, is amended to read:


124D.111 deleted text beginLUNCHdeleted text endnew text begin MEALnew text end AID;new text begin SCHOOL MEAL POLICY;new text end FOOD SERVICE
ACCOUNTING.

Subdivision 1.

School deleted text beginlunch aid computationdeleted text endnew text begin meal policy; definitionsnew text end.

deleted text begin Each school
year, the state must pay participants in the national school lunch program the amount of
12.5 cents for each full paid and free student lunch and 52.5 cents for each reduced-price
lunch served to students.
deleted text end new text begin (a) For purposes of this section the following terms have the
meanings given:
new text end

new text begin (1) "school meal" means a meal provided to students during the school day; and
new text end

new text begin (2) "a la carte" means a food item ordered separate from the school meal.
new text end

new text begin (b) 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
meal policy. The policy must:
new text end

new text begin (1) be in writing and clearly communicate student meal charges when payment cannot
be collected at the point of service;
new text end

new text begin (2) be reasonable, well defined, and maintain the dignity of students by prohibiting lunch
shaming or otherwise ostracizing the student;
new text end

new text begin (3) address whether the participant uses a collection agency to collect unpaid school
meal debt;
new text end

new text begin (4) ensure any communication to collect unpaid school meal debt must be made by
school staff trained on the school district's policy on collecting student meal debt.
Communication relating to school meal debt must be delivered only to the student's parent
or guardian;
new text end

new text begin (5) ensure that once a participant has placed a meal on a tray or otherwise served a meal
to a student, the meal must not be subsequently withdrawn from the student by a cashier or
other school official because the student has outstanding school meal debt;
new text end

new text begin (6) ensure that a student who is eligible for free or reduced-price lunch must always be
served a reimbursable meal even if the student has outstanding school meal debt;
new text end

new text begin (7) provide a meal vendor with the school meal policy if a participant contracts with a
third-party vendor for meal services. Any contract between a school and a third-party vendor
entered into or modified after July 1, 2020, must ensure that the third-party vendor adheres
to the participant's school meal policy; and
new text end

new text begin (8) require school nutrition staff to be trained on the policy.
new text end

new text begin Subd. 1a. new text end

new text begin School meal aid amounts. new text end

new text begin Each school year, the state must pay each Minnesota
participant in the national school lunch program the amount of 12.5 cents for each full paid
and free school meal, 52.5 cents for each reduced-price school meal, and 52.5 cents plus
the federal reduced-price meal reimbursement rate for each school meal qualifying under
section 126C.05, subdivision 16, paragraph (b).
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 this
payment on forms provided by the department.

Subd. 2a.

Federal Child and Adult Care Food Program; criteria and notice.

The
commissioner must post on the department's website eligibility criteria and application
information for nonprofit organizations interested in applying to the commissioner for
approval as a multisite sponsoring organization under the federal Child and Adult Care
Food Program. The posted criteria and information must inform interested nonprofit
organizations about:

(1) the criteria the commissioner uses to approve or disapprove an application, including
how an applicant demonstrates financial viability for the Minnesota program, among other
criteria;

(2) the commissioner's process and time line for notifying an applicant when its
application is approved or disapproved and, if the application is disapproved, the explanation
the commissioner provides to the applicant; and

(3) any appeal or other recourse available to a disapproved applicant.

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 restricted 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.

Subd. 4.

No fees.

A participant that receives school deleted text beginlunchdeleted text endnew text begin mealnew text end aid under this section
must make deleted text beginlunchdeleted text endnew text begin mealsnew text end available without charge new text beginand must not deny a school meal new text endto all
participating students who qualify for free or reduced-price mealsnew text begin or who qualify for school
meal aid under section 126C.05, subdivision 16, paragraph (b), whether or not that student
has an outstanding balance in the student's meal account attributable to a la carte purchases
or for any other reason
new text end. deleted text beginThe participant must also ensure that any reminders for payment
of outstanding student meal balances do not demean or stigmatize any child participating
in the school lunch program.
deleted text end

new text begin Subd. 5. new text end

new text begin Respectful treatment. new text end

new text begin (a) A participant must provide meals to students in a
respectful manner according to the policy adopted under subdivision 1. A participant must
ensure that any communication regarding payment of outstanding student meal debt does
not demean or stigmatize any child participating in the school meal program. A participant
must not impose any restriction prohibited under section 123B.37 due to unpaid student
meal debt. A participant must not limit a student's participation in any school activities,
graduation ceremonies, field trips, athletics, activity clubs, or other extracurricular activities
or access to materials, technology, or other items provided to students due to an unpaid
student meal debt.
new text end

new text begin (b) If the commissioner or the commissioner's designee determines a participant has
violated the requirement to provide meals to participating students in a respectful manner,
the commissioner or the commissioner's designee must send a letter of noncompliance to
the participant. The participant is required to respond and, if applicable, remedy the practice
within 60 days.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 126C.05, subdivision 16, is amended to read:


Subd. 16.

Free and reduced-price deleted text beginlunchesdeleted text endnew text begin mealsnew text end.

new text begin(a) new text endThe commissioner deleted text beginshalldeleted text endnew text begin mustnew text end
determine the number of children eligible to receive either a free or reduced-price deleted text beginlunchdeleted text endnew text begin
meal
new text end on October 1 each year. Children enrolled in a building on October 1 and determined
to be eligible to receive free or reduced-price deleted text beginlunchdeleted text end new text beginmeal under this paragraph new text endby December
15 of that school year deleted text beginshalldeleted text endnew text begin mustnew text end be counted as eligible on October 1 for purposes of
subdivision 3. The commissioner may use federal definitions for these purposes and may
adjust these definitions as appropriate. The commissioner may adopt reporting guidelines
to assure accuracy of data counts and eligibility. Districts deleted text beginshalldeleted text endnew text begin mustnew text end use any guidelines
adopted by the commissioner.

new text begin (b) For purposes of section 124D.111, a child who is enrolled in a building on October
1 and whose parents or guardians have income greater than 185 percent but less than or
equal to 200 percent of the federal poverty level is eligible for school meal aid.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2021 and later.
new text end

Sec. 3.

Laws 2019, First Special Session chapter 11, article 7, section 1, subdivision 2, is
amended to read:


Subd. 2.

School lunch.

For school lunch aid under Minnesota Statutes, section 124D.111,
and Code of Federal Regulations, title 7, section 210.17:

$
16,306,000
.....
2020
$
deleted text begin 16,575,000 deleted text end new text begin
.......
new text end
.....
2021

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 4. new text beginAPPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sum indicated in this section is
appropriated from the general fund to the Department of Education for the fiscal year
designated.
new text end

new text begin Subd. 2. new text end

new text begin Automated school meal payment systems. new text end

new text begin (a) For grants to school districts
for automated new or updated school meal payment and communication systems:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2021
new text end

new text begin (b) A school district must apply for a grant in the form and manner determined by the
commissioner. Grant funds must be used to purchase and maintain automated school meal
payment and communication systems.
new text end

new text begin (c) This is a onetime appropriation.
new text end