5971-S AMH DORN H2626.1
SSB 5971 - H AMD 000639 WITHDRAWN 4-23-93
By Representative Dorn
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that hungry children do not come to school prepared to learn. It is of utmost importance that all children be provided adequate time for meals and for basic nutrition so that they may grow, be ready to learn, and be prepared to compete in the future. The legislature intends that by the 1995-96 school year, breakfasts and lunches will be served in every public school in the state.
Sec. 2. 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) "School lunch programs" or "lunch programs" means a program meeting federal requirements defined in 42 U.S.C. Secs. 1751 through 1760 and 1779.
(b) "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))) (c)
"School breakfast program" or "breakfast program"
means a program meeting federal requirements defined in 42 U.S.C. Secs.
1773 and 1779.
(((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))) By April 15, 1994, school districts shall
provide a school breakfast program in each school within the district that
provided a school lunch program in the 1992-93 school year.
(3) By September 15, 1995, all school districts shall implement either a breakfast or lunch program in all schools within the district that do not have a breakfast or a lunch program.
(4) By September 15, 1996, all school districts shall provide both a breakfast and lunch program in each school within the district.
(5) The superintendent of public instruction may grant a one-time waiver of the requirements of subsection (2), (3), or (4) of this section for up to two years upon the application of a school district that can demonstrate that implementation of the program in a school is not possible because food preparation, storage, or serving facilities are unavailable.
(6) School districts are encouraged to use state agricultural commodities for school breakfasts and lunches.
(7) Students who
do not meet family-income criteria for free or reduced-price breakfasts or
lunches shall be eligible to participate in the school breakfast and
lunch programs established under this section, and school districts may
charge for the breakfasts and lunches served to these students. The
requirement that school districts provide school breakfast and lunch
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. 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 the quality of the programs, or 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:
The superintendent of public instruction shall report annually each January to the governor and the legislature on the following:
(1) The school districts and the schools within the district serving school breakfasts and lunches as required under RCW 28A.235.140;
(2) The school districts and the names of the school board members and school district superintendent for each school district that has not met the requirements of RCW 28A.235.140;
(3) The school districts and schools for which waivers under RCW 28A.235.140(5) have been granted; and
(4) Information about the cost of providing school breakfast and lunch programs and the amount of state and federal funding provided.
NEW SECTION. Sec. 5. A new section is added to chapter 28A.235 RCW to read as follows:
(1) The superintendent of public instruction shall administer available 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. 6. 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 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. 7. Section 4 of this act shall expire February 1, 1998.
NEW SECTION. Sec. 8. 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 shall be null and void."
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