HB696: HB696 Education; lunch and school breakfast programs for public school students; provide

25 LC 49 2297 House Bill 696 By: Representatives Santos of the 117th, Smith of the 18th, Berry of the 56th, Neal of the 79th, Frye of the 122nd, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to1 elementary and secondary education, so as to provide for school lunch and school breakfast2 programs for public school students in this state; to provide for such meals to be offered at3 no cost to students who attend a school among the lowest performing 25 percent of schools4 in the state; to provide for school breakfast programs under the Quality Basic Education Act;5 to provide for funding; to require local school systems to maximize access to federal funding;6 to provide for participating in the United States Department of Agriculture's Community7 Eligibility Provision (CEP); to provide for rules and regulatio ns; to encourage the use of8 Georgia grown products in school breakfast and lunch programs; to provide for a short title;9 to provide for related matters; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 This Act shall be known and may be cited as the "Every Child Fed Act."13 H. B. 696 - 1 - 25 LC 49 2297 SECTION 2.14 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and15 secondary education, is amended in Article 3, relating to local boards of education, by16 repealing and reserving Code Section 20-2-66, relating to school breakfast programs.17 SECTION 3.18 Said chapter is further amended in Part 5 of Article 6, relatin g to program weights and19 funding requirements under the "Quality Basic Education Act," b y revising Code Section20 20-2-187, relating to state-wide school lunch program, instruct ion in nutrition, hygiene,21 etiquette, and social graces, and school food and nutrition personnel, as follows:22 "20-2-187.23 (a)(1) The State Board of Education shall annually determine the amount of state funds24 needed to provide a state-wide school lunch program to ensure a ll students enrolled in25 public schools in this state have access to high quality healthy meals to support student26 learning, and such amount shall include, but shall not be limit ed to, funds sufficient to27 ensure that such meals are offered at no cost to students who a re enrolled in a public28 school that performed in the lowe st 25 percent of all public sc hools based on the29 cumulative individual school ratings, as provided for in subsec tion (d) of Code30 Section 20-14-33, for the two most recent school years for which the Office of Student31 Achievement issued such ratings.32 (2) The state board shall, by regulation, provide for certifying and classifying school33 lunch food and nutrition supervisors and managers and establish training programs for34 school lunch food and nutrition personnel. The state board is authorized to provide for35 the payment of:36 (A) Operating costs of school lunchrooms cafeterias, including, but not limited to, such37 operating costs for breakfast costs, as programs financed by federal funds, for those38 students eligible under federal guidelines;39 H. B. 696 - 2 - 25 LC 49 2297 (B) State supplements to the salaries paid to such personnel by local units of40 administration; and41 (C) State incentive pay for satisfactory completion of such training programs.42 (2) An application of local five mill share funds pursuant to Code Section 20-2-164 shall43 not be made for payments to local units of administration under this Code section. Any44 state funds appropriated for this purpose shall be used to supplement federal funds as a45 means of keeping sale prices within reach of paying students an d of maximizing46 participation and quality meals for all students.47 (b)(1) Each local school system in this state is encouraged to establish and support a48 school breakfast program to make breakfast available to students.49 (2) Each local school system that has a school that performed in the lowest 25 percent50 of all public schools based on the cumulative individual school ratings, as provided for51 in subsection (d) of Code Section 20-14-33, for the two most re cent school years for52 which the Office of Student Achievement issued such ratings shall establish and support53 a school breakfast program.54 (3) Each local school system operating a school breakfast prog ram pursuant to55 paragraph (1) or (2) of this subsection shall be reimbursed by the state at the federal56 reimbursement rate per eligible meal prepared and served; provi ded, however, that, if57 federal funding for the school breakfast program ceases, the state shall reimburse each58 local school system operating a school breakfast program at the federal reimbursement59 rate per eligible meal prepared and served that was in effect during the most recent full60 school year during which federal funds were available. The Sta te Board of Education61 shall annually determine the amount of state funds needed to ensure all students enrolled62 in public schools in this state operating a school breakfast program have access to high63 quality healthy meals to support student learning, and such amount shall include, but shall64 not be limited to, funds sufficient to ensure that such meals a re offered at no cost to65 students who are enrolled in a school that performed in the lowest 25 percent of all public66 H. B. 696 - 3 - 25 LC 49 2297 schools based on the cumulative individual school ratings, as p rovided for in67 subsection (d) of Code Section 20-14-33, for the two most recent school years for which68 the Office of Student Achievement issued such ratings.69 (c) An application of local five mill share funds pursuant to Code Section 20-2-164 shall70 not be made for payments to local units of administration under this Code section. Any71 state funds appropriated for this purpose shall be used to supp lement federal funds as a72 means of maximizing student participation in school lunch programs and school breakfast73 programs, to ensure all students enrolled in public schools in this state have access to high74 quality healthy meals to support student learning and that such meals are offered at no75 charge to all students enrolled in a public school in this state as provided for in this Code76 section.77 (d) Local school systems shall maximize access to federal fund s for the cost of school78 lunch and school breakfast programs by adopting the United Stat es Department of79 Agriculture's Community Eligibility Provision or any other federal provision that, in the80 opinion of the Department of Education, results in the most federal funding possible for81 meals served in such program. Each local school system that has a school or site with an82 identified student percentage of at least 40 percent, or an identified student percentage of83 less than 40 percent if authorized by federal law, as determined annually by the deadline84 set by the United States Department of Agriculture, shall participate in the United States85 Department of Agriculture's Community Eligibility Provision in the subsequent school year86 and throughout the duration of the United States Department of Agriculture's Community87 Eligibility Provision's four-year cycle. Local school systems, to the extent practicable,88 shall group public schools for purposes of maximizing the numbe r of schools eligible to89 participate in the United States Department of Agriculture's Co mmunity Eligibility90 Provision.91 (e) The State Board of Education shall promulgate rules and regulations which:92 H. B. 696 - 4 - 25 LC 49 2297 (1) Establish minimum nutritional requirements for school lunch programs and school93 breakfast programs which meet or exceed the minimum federal requirements;94 (2) Utilize federal standards of income eligibility for free o r reduced price meals for95 low-income students;96 (3) Prescribe uniform methods of determining eligibility for free or reduced price meals97 that are discreet and accessible. Each participating local school system shall establish a98 method to regularly notify parents of the availability of such programs;99 (4) Provide that each participating local school system submit a plan of compliance;100 (5) Provide that compliance with the standards and regulations of the National School101 Lunch Act and Child Nutrition Act of 1966, as amended, shall be deemed compliance102 with the requirements promulgated by the board;103 (6) Assist participating local school systems in applying for and obtaining start-up grant104 money for such programs; and105 (7) Encourage and assist participating local school systems in using Georgia grown106 produce, dairy, and poultry products.107 (b)(f) The State Board of Education is authorized to prescribe by ap propriate rules and108 regulations that there may be included as part of the program of every public school in this109 state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating110 to the partaking of meals and is further authorized to allot fu nds, in a manner consistent111 with the funding for the other various components of the instru ctional program, to local112 units of administration for costs directly associated with this program. There may be113 utilized in the course of instruction the full resources available to each individual school,114 including its cafeterias, school lunch food and nutrition personnel, and all practical115 demonstrations in the preparation and consumption of food which may be necessary to116 formulate a comprehensive course of instruction in such subject matter. Any period of the117 school day may be utilized for the teaching of this course of i nstruction, including that118 period usually reserved for the lunch period.119 H. B. 696 - 5 - 25 LC 49 2297 (c)(g)(1) The State Board of Education shall establish a system of a llotments of funds120 to local units of administration to provide for services rendered on a ten-month basis by121 school food and nutrition personnel. The amount of funds paid to any local unit of122 administration shall be paid in 12 monthly payments and shall be based upon the number123 of full-time equivalent school lunch food and nutrition positions needed to plan, prepare,124 and serve meals in that local unit of administration, multiplie d by an annual base125 payment. For each school food and nutrition manager, the local unit of administration126 shall earn the base payment as well as an amount not to exceed $100.00 per month.127 (2) The base payment shall be calculated on the basis of 1,520 hours in an annual school128 year for a full-time equivalent school lunch food and nutrition position, multiplied by an129 amount not less than $161.00 per month for 12 months. Future annual increases in the130 base payment shall reflect the same percentage increase provided by the state for other131 state funded positions. The state board shall annually establi sh a state perform ance132 standard and shall determine the number of full-time equivalent school lunch food and133 nutrition positions needed to plan, prepare, and serve meals based on th e state134 performance standard and the average daily number of student lu nches meals served135 during the preceding school year.136 (3) Each local unit of administration shall establish a staffing pattern and determine the137 number of personnel to employ. Local units of administration shall establish the salary138 schedule for school food and nutrition personnel and shall use the base payments in139 financing the locally established salary schedule."140 SECTION 4.141 All laws and parts of laws in conflict with this Act are repealed.142 H. B. 696 - 6 -