AN ACT Relating to child nutrition programs;
amending RCW 28A.235.140 and 28A.235.100; adding new sections to chapter
28A.235 RCW; and creating a new section.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 28A.235.140 and 1989 c 239 s 2 are each amended to read as follows:
(1) For the purposes of this section:
(a) "Free or reduced-price lunches"
means lunches served by a school district that qualify for federal
reimbursement as free or reduced-price lunches under the national school lunch
program.
(b) "School breakfast program" means
a program meeting federal requirements defined in 42 U.S.C. Sec. 1773.
(c) "Severe-need school" means a
school that qualifies for a severe-need school reimbursement rate from federal
funds for school breakfasts served to children from low-income families.
(2) School districts shall be required to
develop and implement plans for a school breakfast program in severe-need
schools, pursuant to the schedule in this section. For the second year prior
to the implementation of the district's school breakfast program, and for each
subsequent school year, each school district shall submit data enabling the
superintendent of public instruction to determine which schools within the
district will qualify as severe-need schools. In developing its plan, each
school district shall consult with an advisory committee including school staff
and community members appointed by the board of directors of the district.
(3) Using district-wide data on school lunch
participation during the 1988‑89 school year, the superintendent of
public instruction shall adopt a schedule for implementation of school
breakfast programs in severe-need schools as follows:
(a) School districts where at least forty
percent of lunches served to students are free or reduced-price lunches shall
submit a plan for implementation of a school breakfast program in severe-need
schools to the superintendent of public instruction no later than July 1,
1990. Each such district shall implement a school breakfast program in all
severe-need schools no later than the second day of school in the 1990‑91
school year and in each school year thereafter.
(b) School districts where at least twenty-five
but less than forty percent of lunches served to students are free or
reduced-price lunches shall submit a plan for implementation of a school
breakfast program in severe-need schools to the superintendent of public
instruction no later than July 1, 1991. Each such district shall implement a
school breakfast program in all severe-need schools no later than the second
day of school in the 1991‑92 school year and in each school year
thereafter.
(c) School districts where less than
twenty-five percent of lunches served to students are free or reduced-price
lunches shall submit a plan for implementation of a school breakfast program in
severe-need schools to the superintendent of public instruction no later than
July 1, 1992. Each such district shall implement a school breakfast program in
all severe-need schools no later than the second day of school in the 1992‑93
school year and in each school year thereafter.
(d) School districts that did not offer a
school lunch program in the 1988‑89 school year are encouraged to
implement such a program and to provide a school breakfast program in all
severe-need schools when eligible.
(4) The requirements in this section shall
lapse if the federal reimbursement rate for breakfasts served in severe-need
schools is eliminated.
(5) Students who do not meet family-income
criteria for free breakfasts shall be eligible to participate in the school
breakfast programs established under this section, and school districts may
charge for the breakfasts served to these students. Requirements that
school districts have school breakfast programs ((established))
under this section ((shall be supported entirely by federal funds and
commodities, charges to students, and other local resources available for this
purpose, and)) shall not create or imply any state funding obligation for
these costs. The legislature does not intend to include these programs within
the state's obligation for basic education funding under Article IX of the
Constitution.
NEW SECTION. Sec. 2. A
new section is added to chapter 28A.235 RCW to read as follows:
State funds received by school districts under
this chapter for school breakfast and lunch programs shall be used to support
the operating costs of the program, including labor, unless specific
appropriations for nonoperating costs are provided.
NEW SECTION. Sec. 3. A
new section is added to chapter 28A.235 RCW to read as follows:
(1) To the extent funds are appropriated, the
superintendent of public instruction may award grants to school districts to
increase participation in school breakfast and lunch programs, to improve
program quality, and to improve the equipment and facilities used in the
programs. School districts shall demonstrate that they have applied for
applicable federal funds before applying for funds under this subsection.
(2) To the extent funds are appropriated, the
superintendent of public instruction shall increase the state support for
school breakfasts and lunches.
NEW SECTION. Sec. 4. A
new section is added to chapter 28A.235 RCW to read as follows:
(1) The superintendent of public instruction
shall administer funds for the federal summer food service program.
(2) The superintendent of public instruction
may award grants, to the extent funds are appropriated, to eligible
organizations to help start new summer food service programs for children or to
help expand summer food services for children.
Sec. 5.
RCW 28A.235.100 and 1990 c 33 s 245 are each amended to read as follows:
The superintendent of public instruction shall
have power to ((promulgate)) adopt rules ((and regulations))
as may be necessary to effectuate the purposes of ((RCW 28A.235.040 through
28A.235.110)) this chapter.
NEW SECTION. Sec. 6. If
specific funding for the purposes of this act, referencing this act by bill
number, is not provided by June 30, 1993, in the omnibus appropriations act,
this act is null and void.
