Bill Summary – FastDemocracy

FILED SENATE
                                                                                        May 26, 2022
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                 S.B. 855
                                      SESSION 2021           PRINCIPAL CLERK
     S                                                                    D
                               SENATE BILL DRS35373-NHa-21
     Short Title:   Free Breakfast for K-12 Students.                                          (Public)
     Sponsors:      Senator Mohammed (Primary Sponsor).
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT TO PROVIDE BREAKFAST TO PUBLIC SCHOOL STUDENTS AT NO COST TO
     THE STUDENTS.
 The General Assembly of North Carolina enacts:
             SECTION 1.(a) G.S. 115C-263 reads as rewritten:
 "§ 115C-263. Required provision of services.
     As a part of the function of the public school system, local boards of education shall provide
 to the extent practicable school food school nutrition services in the schools under their
 jurisdiction. jurisdiction, including breakfast at no cost to students. All school food nutrition
 services made available under this authority shall be provided in accordance with standards and
 regulations recommended by the Superintendent of Public Instruction and approved by the State
 Board of Education."
             SECTION 1.(b) G.S. 115C-264 reads as rewritten:
 "§ 115C-264. Operation.
     (a)     In the operation of their public school nutrition programs, programs pursuant to
 G.S. 115C-263, the public schools shall participate in the School Breakfast Program and National
 School Lunch Program established by the federal government. government and administered by
 the Department of Public Instruction. The program shall be under the jurisdiction of the Division
 of School Support, Child Nutrition Services of the School Nutrition Division of the Department
 of Public Instruction and in accordance with federal guidelines as established by the Food and
 Nutrition Service of the United States Department of Agriculture.
     (a1) The Department of Public Instruction shall allocate sufficient funds to public schools
 to provide breakfast at no cost to the students who elect to receive breakfast. These funds shall
 supplement and not supplant any federal funds provided for the same purposes. No later than
 March 15, 2023, and every year thereafter that funds are made available pursuant to this section,
 the Department of Public Instruction shall report to the Joint Legislative Education Oversight
 Committee, at a minimum, the number of students electing to receive breakfast at no cost, the
 number of no-cost breakfasts served, and the cost of implementing the no-cost breakfast program.
     (b)     For nutritional purposes, the public schools shall not (i) use cooking oils in their
 school food nutrition programs that contain trans-fatty acids or (ii) sell processed foods
 containing trans-fatty acids that were formed during the commercial processing of the foods.
     (c)     All school food nutrition services shall be operated on a nonprofit basis, and any
 earnings therefrom over and above the cost of operation as defined herein shall be used to reduce
 the cost of food, to serve better healthier food, or to provide free or reduced-price lunches to
 indigent children children, or to provide breakfast to students at no cost to the students, and for
 no other purpose. The term "cost of operation" means the actual cost incurred in the purchase
                                  *DRS35373-NHa-21*
     General Assembly Of North Carolina                                                   Session 2021
 and preparation of food, the salaries of all personnel directly engaged employed in providing
 food school nutrition services, and the cost of nonfood supplies as outlined under standards
 adopted by the State Board of Education. "Personnel" means child nutrition supervisors or
 directors, bookkeepers directly engaged in food service record keeping and those persons directly
 involved in preparing and serving food. Child persons directly employed in the operation of the
 school nutrition program. School nutrition personnel shall be paid from the funds of food services
 school nutrition services only for services rendered in on behalf of the child school nutrition
 program. Any cost incurred in the provisions and maintenance of school food services over and
 beyond the cost of operation shall be included in the budget request filed annually by local boards
 of education with boards of county commissioners. Public schools are not required to comply
 with G.S. 115C-522(a) in the purchase of supplies and food for such school food nutrition
 services."
             SECTION 2. There is appropriated from the General Fund to the Department of
 Public Instruction the sum of fourteen million seven hundred thousand dollars ($14,700,000) in
 recurring funds for the 2022-2023 fiscal year to provide breakfast to public school students at no
 cost to the students in accordance with this act.
             SECTION 3. This act becomes effective July 1, 2022.
     Page 2                                                                        DRS35373-NHa-21
Statutes affected: 
Filed: 115C-263, 115C-264
Edition 1: 115C-263, 115C-264