2850-S.E AMS TALM S5721.1
ESHB 2850 - S AMD - 000299
By Senators Talmadge, Prentice and McDonald
RULED BEYOND SCOPE AND OBJECT 3/3/94
On page 9, after line 11, insert the following:
"Sec. 10. RCW 28A.235.140 and 1993 c 333 s 1 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. School districts shall provide a breakfast
program in any school as long as the school qualifies as a severe-need school
or there is data available to confirm and substantiate the severe-needs status
of the school.
(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 except as provided in section 13 of this act. Requirements that school districts have school breakfast programs under this section 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.
(6) School districts that as of the effective date of this act do not have a school lunch program shall develop a plan for a school lunch program and establish a feasible timeline for instituting the program.
Sec. 11. RCW 28A.235.150 and 1993 c 333 s 3 are each amended 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. Funds appropriated under this subsection are intended to increase participation by eligible students in school food programs, and shall be used solely to enhance school breakfast and lunch programs.
(2) To the extent funds are appropriated, the superintendent of public instruction shall increase the state support for school breakfasts and lunches.
(3) The superintendent of public instruction shall identify six severe-need schools under RCW 28A.235.140 and award to these schools grants to be used directly to feed more students. The following criteria shall be included in selecting the schools:
(a) Severe-needs schools, as established by data;
(b) A high percentage of students eligible for low-income meals, as determined by dividing the number of free and reduced price meal applications or letters of direct certification by the total school enrollment; and
(c) The small size of the school district does not enable the school to benefit from economies of scale in food services.
(4) The superintendent of public instruction shall apply for all available federal funds for school lunch and breakfast program outreach.
Sec. 12. RCW 28A.235.155 and 1993 c 333 s 4 are each amended 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.
(3) The superintendent of public instruction shall apply for all available federal funds for summer food service program outreach.
NEW SECTION. Sec. 13. A new section is added to chapter 28A.235 RCW to read as follows:
School districts are encouraged to take advantage of the opportunity to serve all enrolled students in designated high-needs schools under special assistance known as Provision 2, 7 C.F.R. 245(b). The superintendent of public instruction shall ensure that information on Provision 2 is provided to all school districts with schools where more than seventy-five percent of students qualify for free or reduced-price school meals by the end of 1994.
NEW SECTION. Sec. 14. A new section is added to chapter 28A.235 RCW to read as follows:
Within six months of the effective date of this act, and every two years thereafter, school districts with breakfast or lunch programs shall assess whether the programs allow the students sufficient and realistic time to be served and to eat. If the assessment shows that there is insufficient time for personal hygiene, serving, and consumption of school meals, the school shall allow more time by any feasible means, including the use of adult volunteer help, additional cafeteria shifts, or more staffing. Failure to properly assess such programs and correct problems identified by assessment, or to promptly investigate and take appropriate action on complaints regarding compliance with this section shall be remedied by the superintendent of public instruction.
NEW SECTION. Sec. 15. A new section is added to chapter 28A.235 RCW to read as follows:
School districts shall ensure that food sold on school grounds is consistent with the dietary guidelines for Americans as provided in the edition of "Nutrition & Your Health: Dietary Guidelines for Americans," by the United States departments of agriculture and health and human services in print on the effective date of this act, or a later edition as adopted by reference by the superintendent by rule."
Renumber the remaining sections consecutively and correct internal references accordingly.
ESHB 2850 - S AMD
By Senators Talmadge, Prentice and McDonald7
On page 1, line 3 of the title, after "28A.150.230," insert "28A.235.140, 28A.235.150, 28A.235.155,"
On page 1, line 4 of the title, after "(uncodified);" insert "adding new sections to chapter 28A.235 RCW;"
--- END ---