S-0994.1
SUBSTITUTE SENATE BILL 5339
State of Washington 68th Legislature 2023 Regular Session
By Senate Early Learning & K-12 Education (originally sponsored by
Senators Nobles, Hunt, Dhingra, Hasegawa, Keiser, Kuderer, Liias,
Lovelett, Lovick, Muzzall, Nguyen, Pedersen, Randall, Shewmake,
Stanford, Valdez, Warnick, and C. Wilson; by request of
Superintendent of Public Instruction)
READ FIRST TIME 02/01/23.
1 AN ACT Relating to providing free school meals for all; amending
2 RCW 28A.150.200, 28A.235.250, 28A.235.270, 28A.235.285, 28A.600.290,
3 28A.150.260, 28A.150.260, and 28A.405.415; reenacting and amending
4 RCW 28A.235.160 and 28A.600.310; adding new sections to chapter
5 28A.235 RCW; creating a new section; repealing RCW 28A.235.140 and
6 28A.235.260; providing effective dates; and providing expiration
7 dates.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
9 Part 1
10 Providing All Public School Students With Access to Meals Served at
11 No Charge to the Students
12 NEW SECTION. Sec. 101. (1) The legislature finds that providing
13 all public school students with access to meals served without charge
14 each school day will support academic success and promote student
15 well-being. The legislature, in support of students, families, and
16 productive learning environments, and in recognition of financial
17 challenges that can create barriers to academic achievement, declares
18 that no student should ever experience hunger or food insecurity
19 within a public school.
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1 (2) The legislature, therefore, intends to make the provision of
2 breakfast and lunch to all requesting students and without charge to
3 those students, part of the state's statutory program of basic
4 education that is deemed by the legislature to implement Article IX,
5 section 1 of the state Constitution. The legislature further intends
6 for this policy to be implemented without adversely or otherwise
7 impacting programs that use free and reduced-price meal eligibility
8 information for determining program eligibility, the distribution of
9 financial resources, or both.
10 Sec. 102. RCW 28A.150.200 and 2021 c 164 s 2 are each amended to
11 read as follows:
12 (1) The program of basic education established under this chapter
13 is deemed by the legislature to comply with the requirements of
14 Article IX, section 1 of the state Constitution, which states that
15 "It is the paramount duty of the state to make ample provision for
16 the education of all children residing within its borders, without
17 distinction or preference on account of race, color, caste, or sex,"
18 and is adopted pursuant to Article IX, section 2 of the state
19 Constitution, which states that "The legislature shall provide for a
20 general and uniform system of public schools."
21 (2) The legislature defines the program of basic education under
22 this chapter as that which is necessary to provide the opportunity to
23 develop the knowledge and skills necessary to meet the state-
24 established high school graduation requirements that are intended to
25 allow students to have the opportunity to graduate with a meaningful
26 diploma that prepares them for postsecondary education, gainful
27 employment, and citizenship. Basic education by necessity is an
28 evolving program of instruction intended to reflect the changing
29 educational opportunities that are needed to equip students for their
30 role as productive citizens and includes the following:
31 (a) The instructional program of basic education the minimum
32 components of which are described in RCW 28A.150.220;
33 (b) The program of education provided by chapter 28A.190 RCW for
34 students in residential schools as defined by RCW 28A.190.005 and for
35 juveniles in detention facilities as identified by RCW 28A.190.010;
36 (c) The program of education provided by chapter 28A.193 RCW for
37 individuals under the age of eighteen who are incarcerated in adult
38 correctional facilities;
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1 (d) Transportation and transportation services to and from school
2 for eligible students as provided under RCW 28A.160.150 through
3 28A.160.180; ((and))
4 (e) Statewide salary allocations necessary to hire and retain
5 qualified staff for the state's statutory program of basic education;
6 and
7 (f) Meals provided at no charge to students under section 103 of
8 this act.
9 NEW SECTION. Sec. 103. A new section is added to chapter
10 28A.235 RCW to read as follows:
11 (1) Beginning with the 2023-24 school year, each school district
12 shall make available, at no cost, one breakfast and one lunch during
13 each school day to any student who requests a meal during the school
14 year without consideration of the student's eligibility for a
15 federally funded free or reduced-price meal. The meals provided under
16 this subsection shall be nutritiously adequate meals that qualify for
17 federal reimbursement under the United States department of
18 agriculture school breakfast program and school lunch program.
19 (2) The office of the superintendent of public instruction shall
20 reimburse school districts that participate in the school lunch
21 program and school breakfast program on a per-meal reimbursement
22 basis for meals that are not already reimbursed at the United States
23 department of agriculture's free rate. The additional state
24 reimbursement amount must be the difference between the United States
25 department of agriculture's free rate and the United States
26 department of agriculture's paid rate.
27 (3) Until the 2025-26 school year, the superintendent of public
28 instruction may exempt school districts from the requirements of this
29 section under RCW 28A.235.160.
30 (4) To maximize federal funding, school districts must
31 participate in the United States department of agriculture school
32 lunch program and school breakfast program, continue collecting meal
33 applications where applicable, and run direct certification at least
34 monthly in accordance with RCW 28A.235.280. School districts shall
35 also annually monitor data for eligibility in the United States
36 department of agriculture community eligibility provision and apply
37 where eligible as required in RCW 28A.235.300.
38 (5) For the purposes of this section, the following definitions
39 apply:
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 1 (a) "School breakfast program" has the same meaning as in RCW
2 28A.235.160.
3 (b) "School lunch program" has the same meaning as in RCW
4 28A.235.160.
5 (6) This section governs school operation and management under
6 RCW 28A.710.040 and 28A.715.020, and applies to charter schools
7 established under chapter 28A.710 RCW and state-tribal education
8 compact schools established under chapter 28A.715 RCW to the same
9 extent as it applies to school districts.
10 (7) The superintendent of public instruction shall adopt and
11 periodically revise rules to implement this section.
12 Sec. 104. RCW 28A.235.160 and 2021 c 74 s 2 are each reenacted
13 and amended to read as follows:
14 (1) For the purposes of this section:
15 (a) "Free or reduced-price lunch" means a lunch served by a
16 school district participating in the national school lunch program to
17 a student qualifying for national school lunch program benefits based
18 on family size-income criteria.
19 (b) (("Lunch copay" means the amount a student who qualifies for
20 a reduced-price lunch is charged for a reduced-price lunch.
21 (c))) "School breakfast program" means a program meeting federal
22 requirements defined in 42 U.S.C. Sec. 1773.
23 (((d))) (c) "School lunch program" means a meal program meeting
24 the requirements defined ((by the superintendent of public
25 instruction under subsection (2)(b) of this section)) in 42 U.S.C.
26 Sec. 1751.
27 (((e))) (d) "Severe-need school" means a school that qualifies
28 for a severe-need school reimbursement rate from federal funds for
29 school breakfasts served to children from low-income families.
30 (((f))) (e) "Summer food service program" means a meal or snack
31 program meeting the requirements defined by the superintendent of
32 public instruction under subsection (((4))) (3) of this section.
33 (2) School districts shall implement a school lunch program and
34 school breakfast program in each public school in the district ((in
35 which educational services are provided to children in any of the
36 grades kindergarten through four and in which twenty-five percent or
37 more of the enrolled students qualify for a free or reduced-price
38 lunch)). In accordance with section 103 of this act, beginning in the
39 2023-24 school year, school districts shall provide meals to all
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 1 requesting students at no charge to the students during the school
2 year unless exempted by the superintendent of public instruction in
3 accordance with section 103(3) of this act. In developing and
4 implementing its school lunch program and school breakfast program,
5 each school district may consult with an advisory committee including
6 school staff, community members, and others appointed by the board of
7 directors of the district.
8 (((a) Applications to determine free or reduced-price lunch
9 eligibility shall be distributed and collected for all households of
10 children in schools containing any of the grades kindergarten through
11 four and in which there are no United States department of
12 agriculture child nutrition programs. The applications that are
13 collected must be reviewed to determine eligibility for free or
14 reduced-price lunches. Nothing in this section shall be construed to
15 require completion or submission of the application by a parent or
16 guardian.
17 (b) Using the most current available school data on free and
18 reduced-price lunch eligibility, the superintendent of public
19 instruction shall adopt a schedule for implementation of school lunch
20 programs at each school required to offer such a program under
21 subsection (2) of this section as follows:
22 (i) Schools not offering a school lunch program and in which
23 twenty-five percent or more of the enrolled students are eligible for
24 free or reduced-price lunch shall implement a school lunch program
25 not later than the second day of school in the 2005-06 school year
26 and in each school year thereafter.
27 (ii) The superintendent shall establish minimum standards
28 defining the lunch meals to be served, and such standards must be
29 sufficient to qualify the meals for any available federal
30 reimbursement.
31 (iii) Nothing in this section shall be interpreted to prevent a
32 school from implementing a school lunch program earlier than the
33 school is required to do so.
34 (3) To the extent funds are appropriated for this purpose, each
35 school district shall implement a school breakfast program in each
36 school where more than forty percent of students eligible to
37 participate in the school lunch program qualify for free or reduced-
38 price meal reimbursement by the school year 2005-06. For the second
39 year before the implementation of the district's school breakfast
40 program, and for each subsequent school year, each school district
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 1 shall submit data enabling the superintendent of public instruction
2 to determine which schools within the district will qualify for this
3 requirement. Schools where lunch programs start after the 2003-04
4 school year, where forty percent of students qualify for free or
5 reduced-price meals, must begin school breakfast programs the second
6 year following the start of a lunch program.
7 (4))) (3)(a) Each school district shall implement a summer food
8 service program in each public school in the district in which a
9 summer program of academic, enrichment, or remedial services is
10 provided and in which 50 percent or more of the children enrolled in
11 the school ((qualify)) meet federal eligibility requirements for free
12 or reduced-price lunch. However, the superintendent of public
13 instruction shall develop rules establishing criteria to permit an
14 exemption for a school that can demonstrate availability of an
15 adequate alternative summer feeding program. Sites providing meals
16 should be open to all children in the area, unless a compelling case
17 can be made to limit access to the program. The superintendent of
18 public instruction shall adopt a definition of compelling case ((and
19 a schedule for implementation as follows:
20 (a) Beginning the summer of 2005 if the school currently offers a
21 school breakfast or lunch program; or
22 (b) Beginning the summer following the school year during which a
23 school implements a school lunch program under subsection (2)(b) of
24 this section.
25 (5) Schools not offering a breakfast or lunch program may meet
26 the meal service requirements of subsections (2)(b) and (4) of this
27 section through any of the following:
28 (a) Preparing the meals on-site;
29 (b) Receiving the meals from another school that participates in
30 a United States department of agriculture child nutrition program; or
31 (c) Contracting with a nonschool entity that is a licensed food
32 service establishment under RCW 69.07.010.
33 (6) Requirements that school districts have a school lunch,
34 breakfast, or summer nutrition program under this section shall not
35 create or imply any state funding obligation for these costs. The
36 legislature does not intend to include these programs within the
37 state's obligation for basic education funding under Article IX of
38 the state Constitution.
39 (7) Beginning in the 2021-22 school year, school districts with
40 school lunch programs must eliminate lunch copays for students in
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 1 prekindergarten through 12th grade who qualify for reduced-price
2 lunches, and the superintendent of public instruction must allocate
3 funding for this purpose)).
4 (((8))) (b) The legislature does not intend to include summer
5 food service programs within the definition or funding of the program
6 of basic education under Article IX of the state Constitution.
7 (4) The requirements in subsection (3) of this section shall
8 lapse if the federal reimbursement for ((any school breakfasts,
9 lunches, or)) the summer food service program((s)) is eliminated.
10 (((9))) (5) School districts may be exempted from the
11 requirements of subsection (2) of this section until school year
12 2025-26, as allowed in section 103 of this act, by showing good cause
13 why they cannot comply with the office of the superintendent of
14 public instruction to the extent that such exemption is not in
15 conflict with federal or state law. The process and criteria by which
16 school districts ((are)) may be exempted shall be developed by rule,
17 and revised if necessary, by the office of the superintendent of
18 public instruction in consultation with representatives of school
19 directors, school food service, community-based organizations, and
20 ((the Washington state PTA)) a state organization of parents and
21 teachers.
22 Part 2
23 Related Provisions and Amendments
24 Sec. 201. RCW 28A.235.250 and 2018 c 271 s 1 are each amended to
25 read as follows:
26 (1)(a) Except as provided otherwise in subsection (2) of this
27 section, each school that participates in the ((national)) school
28 lunch program, the school breakfast program, or both, shall annually
29 distribute and collect an application for all households of children
30 in kindergarten through grade ((twelve)) 12 to determine whether a
31 student meets federal eligibility requirements for free or reduced-
32 price meals. If a parent or guardian of a student needs assistance
33 with application materials in a language other than English, the
34 school shall offer appropriate assistance to the parent or guardian.
35 (b) If a student who, based on information available to the
36 school, is likely eligible for free or reduced-price meals but has
37 not submitted an application to determine eligibility, the school
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 1 shall, in accordance with the authority granted under 7 C.F.R. Sec.
2 245.6(d), complete and submit the application for the student.
3 (2) Subsection (1) of this section does not apply to a school
4 that provides free meals to all students in a year in which the
5 school does not collect applications to determine student eligibility
6 for free or reduced-price meals if the school participates in the
7 United States department of agriculture's community eligibility
8 provision.
9 (3) For the purposes of this section, "school breakfast program"
10 and "school lunch program" have the same meanings as in RCW
11 28A.235.160.
12 Sec. 202. RCW 28A.235.270 and 2018 c 271 s 4 are each amended to
13 read as follows:
14 (((1))) No school or school district pe