Bill Summary – FastDemocracy

LB627                                                                    LB627
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                               LEGISLATURE OF NEBRASKA
                          ONE HUNDRED EIGHTH LEGISLATURE
                                    FIRST SESSION
                       LEGISLATIVE BILL 627
        Introduced by Bostar, 29.
        Read first time January 17, 2023
        Committee: Education
    A BILL FOR AN ACT relating to schools; to adopt the Free Student Meals
       Act; to eliminate provisions relating to reimbursement for school
        breakfast programs; and to outright repeal sections 79-10,138 and
        79-10,139, Reissue Revised Statutes of Nebraska.
    Be it enacted by the people of the State of Nebraska,
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        Section 1.     Sections 1 to 5 of this act shall be known and may be
    cited as the Free Student Meals Act.
        Sec. 2.    For purposes of the Free Student Meals Act:
        (1)   Community eligibility provision has the same meaning as   in
    section 79-101;
        (2) Department means the State Department of Education;
       (3) Eligible breakfast means a school breakfast served to a student
    which is reimbursable, in total or in part, with federal funds, as
    specified under regulations promulgated by the United States Department
   of Agriculture pursuant to the federal Child Nutrition Act of 1966, 42
   U.S.C. 1771 et seq., as such act and regulations existed on January 1,
   2023;
        (4) Eligible lunch means a school lunch served to a student which is
   reimbursable, in total or in part, with federal funds, as specified under
    regulations promulgated by the United States Department of Agriculture
    pursuant to the federal Richard B. Russell National School Lunch Act, 42
    U.S.C. 1751 et seq., as such act and regulations existed on January 1,
    2023;
       (5) Federal reimbursement rate means the payment levels received by
   the qualified school for an eligible breakfast or eligible lunch for the
   school year in which the eligible breakfast or eligible lunch was served,
   as published by the United States Department of Agriculture pursuant to
   the federal Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq., and the
   federal Richard B. Russell National School Lunch Act, 42 U.S.C. 1751 et
   seq., as such acts existed on January 1, 2023;
        (6) Fully paid breakfast means a breakfast served to a student who
    is not eligible for free or reduced-price school meals;
       (7) Fully paid lunch means a lunch served to a student who is not
   eligible for free or reduced-price school lunches;
       (8)   Identified student percentage means the identified student
    percentage calculated for high-poverty schools as   specified under
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LB627                                                                                      LB627
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   regulations promulgated by the United States Department of Agriculture
   pursuant to the federal Richard B. Russell National School Lunch Act, 42
   U.S.C. 1751 et seq., as such act and regulations existed on January 1,
   2023;
       (9) Qualified school means a public school or a nonprofit private
   school which is participating in the school breakfast program or the
    national school lunch program under the federal Child Nutrition Act of
    1966, 42 U.S.C. 1771 et seq., or the federal Richard B. Russell National
   School Lunch Act, 42 U.S.C. 1751 et seq., as such acts existed on January
    1, 2023;
       (10) Reduced-price breakfast means a breakfast served to an eligible
   student by a school participating in the school breakfast program under
   the federal Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq., as such
   act existed on January 1, 2023; and
       (11) Reduced-price lunch means a lunch served to an eligible student
   by a school participating in the national school lunch program under the
   federal Richard B. Russell National School Lunch Act, 42 U.S.C. 1751 et
   seq., as such act existed on January 1, 2023.
       Sec. 3.        To qualify for reimbursement under the Free Student Meals
   Act, a qualified school shall:
       (1) Offer breakfasts and lunches at no cost to all students for any
   school meal program operated by such school during the school day;
       (2)     Submit information regarding the number of   breakfasts and
   lunches served in a manner prescribed by the department; and
       (3)     Maximize federal reimbursement for eligible breakfasts and
   eligible lunches by operating under the community eligibility provision
   if such school has an identified student percentage greater than or equal
   to sixty-two and one-half percent.
       Sec. 4.        (1) The department shall create and administer a grant
   program to reimburse a qualified school for a portion of the cost of each
    breakfast and each lunch served by   such school during the second
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   preceding school fiscal year in an amount intended to offset the cost of
   providing such breakfasts and lunches at no cost to all students. The
   department shall make disbursements annually to each school that applies
    for the grant and complies with the requirements of the Free Student
    Meals Act in the amount of:
           (a)    For each qualified school that has adopted the community
    eligibility provision for the school fiscal year that such breakfasts and
    lunches were served:
          (i) The difference between the federal reimbursement rate for a free
    breakfast and the federal reimbursement rate for fully paid breakfast for
    each fully paid breakfast served; and
           (ii) The difference between the federal reimbursement rate for a
    free lunch and the federal reimbursement rate for a fully paid lunch for
    each fully paid lunch served; and
          (b) For each qualified school that has not adopted the community
    eligibility provision in the year that such breakfasts and lunches were
    served:
          (i) Thirty cents for each eligible breakfast served to a student
   eligible for a reduced-price breakfast;
          (ii)   Forty cents for each eligible lunch served to    a student
   eligible for a reduced-price lunch; and
          (iii) The difference between the federal reimbursement rate for a
    free breakfast and the federal reimbursement rate for   a fully paid
    breakfast for each fully paid breakfast served; and
          (iv) The difference between the federal reimbursement rate for a
   free lunch and the federal reimbursement rate for a fully paid lunch for
   each fully paid lunch served.
           (2) It is the intent of the Legislature to appropriate money from
    the General Fund to carry out the Free Student Meals Act.
           Sec. 5.      (1) Nothing in the Free Student Meals Act shall prevent a
   school from collecting information from the parent or guardian of a
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LB627                                                                        LB627
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    student to determine eligibility for other services of the school.
        (2) The State Board of Education may adopt and promulgate rules and
    regulations to carry out the act.
        Sec. 6.    The following sections are outright repealed: Sections
    79-10,138 and 79-10,139, Reissue Revised Statutes of Nebraska.
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