BILL REQ. #:  H-4109.2 

READ FIRST TIME 02/11/14.   

     AN ACT Relating to breakfast after the bell programs in certain public schools; adding new sections to chapter 28A.235 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.235 RCW to read as follows:
     (1) The legislature finds clear evidence that school breakfast is associated with improved outcomes for students, including fewer discipline incidents, better attendance, and improved performance on standardized tests. However, Washington ranks forty-first in the nation for participation in the school breakfast program at the same time that childhood poverty and food insecurity are at record highs in the state. While many students eat breakfast at home, there are significant numbers of children who come to school hungry. Therefore, the legislature intends to expand the opportunity for students to get a healthy breakfast by requiring schools with large populations of low-income students who are eligible for free and reduced price meals to serve breakfast after the bell, a model that has increased breakfast participation rates in various states across the nation.
     (2) The legislature intends to establish a four-year, phased-in process for providing breakfast after the bell in high needs schools and provide technical assistance through dedicated staff within the office of the superintendent of public instruction to successfully implement the model, as well as assistance through local public-private partnerships between the office of the superintendent of public instruction and nonprofit organizations knowledgeable about hunger and food security issues.
     (3) The legislature intends that food served for breakfast must meet federal standards, be nutritious, and not contribute to childhood obesity. In addition, nothing in this act is intended to preempt the responsibility of parents to care for their children, including feeding them nutritious meals before arriving at school.
     (4) Finally, the legislature encourages schools providing breakfast after the bell to use a model that allows breakfast time to be part of instructional time.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.235 RCW to read as follows:
     The definitions in this section apply throughout sections 3 and 4 of this act unless the context clearly requires otherwise.
     (1) "Breakfast after the bell" means a breakfast that is offered to students after the beginning of the school day.
     (2) "Eligible for free or reduced price meals" means a student who is eligible under the national school lunch program or the school breakfast program to receive lunch or breakfast at no cost to the student or at a reduced cost to the student.
     (3) "High needs school" means any public school that has an enrollment of seventy percent or more students eligible for free or reduced price meals in the prior school year.
     (4) "Public school" has the same meaning as provided in RCW 28A.150.010.
     (5) "School breakfast program" means a program meeting federal requirements under 42 U.S.C. Sec. 1773.
     (6) "School lunch program" means a program meeting federal requirements under 42 U.S.C. Sec. 1751.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.235 RCW to read as follows:
     (1)(a) Beginning in the 2014-15 school year and continuing into the 2015-16 school year, the office of the superintendent of public instruction shall dedicate staff within the office to assist all high needs schools that are interested in offering breakfast after the bell to make the change from their current breakfast model. The staff shall also encourage all interested high needs schools to explore options for expanding breakfast after the bell to include all students.
     (b) Beginning in the 2016-17 school year, except as provided in subsection (2) of this section, each elementary school that enrolls students in any of grades kindergarten through five that has an enrollment of eighty-five percent or more students eligible for free or reduced price meals in the prior school year must offer breakfast after the bell to each student in the school.
     (c) Beginning in the 2017-18 school year, except as provided in subsection (2) of this section, each high needs school must offer breakfast after the bell to each student in the school.
     (d) All public schools are encouraged to offer breakfast after the bell even if not required to do so under this section.
     (2)(a) High needs schools with participation rates in school breakfast of seventy percent or more of the students eligible for free or reduced price meals are exempt from the provisions of subsection (1) of this section. The office of the superintendent of public instruction, in consultation with community food and nutrition experts, shall issue guidelines for calculating school breakfast participation rates.
     (b) A school district or charter school may apply to the office of the superintendent of public instruction for a one-year waiver of the requirements under subsection (1) of this section by demonstrating that providing breakfast after the bell in a particular high needs school will result in undue financial hardship for the district or charter school. School districts or charter schools may annually reapply no more than twice for such a waiver based on the same criteria as the initial waiver.
     (3)(a) Each high needs school may determine the breakfast after the bell service model that best suits its students. Service models include, but are not limited to, breakfast in the classroom, grab and go breakfast, or a breakfast after first period.
     (b) Breakfast after the bell may be served at a time to be determined by the high needs school, so long as it occurs at breakfast time after the beginning of the school day.
     (c) If all students in a high needs school are provided the opportunity to engage in educational activity planned by and under the direction of school district staff concurrently with the serving and consumption of breakfast, the period of time designated for student participation in breakfast after the bell shall be considered instructional hours under RCW 28A.150.205.
     (4) All breakfasts served in a breakfast after the bell program must comply with federal meal patterns and nutrition standards for school breakfast programs under the federal healthy, hunger-free kids act of 2010, (P.L. 111-296) and any federal regulations interpreting that act.
     (5) The legislature does not intend to include the programs under this section within the state's obligation for basic education funding under Article IX of the state Constitution.

NEW SECTION.  Sec. 4   A new section is added to chapter 28A.235 RCW to read as follows:
     (1) Before August 1, 2014, the office of the superintendent of public instruction shall develop and distribute procedures and guidelines for the implementation of section 3 of this act, which must be in compliance with the school breakfast program and the school lunch program.
     (2) The office of the superintendent of public instruction shall dedicate staff within the office to offer technical assistance to all public schools and school districts related to offering breakfast after the bell, including assistance with various available funding mechanisms to support breakfast after the bell programs such as universal breakfast, the community eligibility option under 42 U.S.C. Sec. 1759a, programs under provision two of the national school lunch act, and claims for reimbursement under the school breakfast program.
     (3) In fulfilling its responsibilities under this section, the office of the superintendent of public instruction shall collaborate with nonprofit organizations knowledgeable on hunger and food security issues and best practices for improving student access to school breakfast. The office shall also seek partnerships with philanthropic organizations interested in supporting breakfast after the bell in high needs schools.
     (4) Any federal or state moneys received by a public school or school district as reimbursement for breakfasts served under this section may only be used for the food and operations associated with the food service program of the school or district.

NEW SECTION.  Sec. 5   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2014, in the omnibus appropriations act, this act is null and void.