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LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 117
Introduced by Cavanaugh, M., 6.
Read first time January 07, 2021
Committee: Education
1 A BILL FOR AN ACT relating to schools; to amend section 79-10,137,
2 Reissue Revised Statutes of Nebraska; to adopt the Hunger-Free
3 Schools Act; to restate legislative findings; to eliminate
4 provisions relating to reimbursement for school breakfast programs;
5 to repeal the original section; and to outright repeal sections
6 79-10,138 and 79-10,139, Reissue Revised Statutes of Nebraska.
7 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Sections 1 to 6 of this act shall be known and may be
2 cited as the Hunger-Free Schools Act.
3 Sec. 2. Section 79-10,137, Reissue Revised Statutes of Nebraska, is
4 amended to read:
5 79-10,137 The Legislature finds that, for Nebraska to compete
6 effectively in the world, it must have an educated and productive work
7 force. In order to have an educated and productive work force, it must
8 prepare its children to learn, and in order to do so the children must be
9 well-nourished. The Legislature further finds that school breakfast and
10 lunch programs are integral parts of Nebraska's educational system, and
11 that every student deserves access to healthy food during the school day.
12 It is the intent of the Legislature to provide each student with the best
13 opportunity for educational success by ensuring that public schools serve
14 meals during the school day at no cost to every student.
15 Sec. 3. For purposes of the Hunger-Free Schools Act:
16 (1) Community eligibility provision has the same meaning as in
17 section 79-101;
18 (2) Department means the State Department of Education;
19 (3) Eligible breakfast means a school breakfast served to a student
20 which is reimbursable, in total or in part, with federal funds, as
21 specified under regulations promulgated by the United States Department
22 of Agriculture pursuant to the federal Child Nutrition Act of 1966, 42
23 U.S.C. 1771 et seq., as such act and regulations existed on January 1,
24 2021;
25 (4) Eligible lunch means a school lunch served to a student which is
26 reimbursable, in total or in part, with federal funds, as specified under
27 regulations promulgated by the United States Department of Agriculture
28 pursuant to the federal Richard B. Russell National School Lunch Act, 42
29 U.S.C. 1751 et seq., as such act and regulations existed on January 1,
30 2021;
31 (5) Federal reimbursement rate means the payment levels received by
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1 the qualified public school for an eligible breakfast or an eligible
2 lunch for the school year in which the eligible breakfast or the eligible
3 lunch was served, as published by the United States Department of
4 Agriculture pursuant to the federal Child Nutrition Act of 1966, 42
5 U.S.C. 1771 et seq., and the federal Richard B. Russell National School
6 Lunch Act, 42 U.S.C. 1751 et seq., as such acts existed on January 1,
7 2021;
8 (6) Fully paid breakfast means an eligible breakfast served to a
9 student who is not eligible for free or reduced-price school meals;
10 (7) Fully paid lunch means an eligible lunch served to a student who
11 is not eligible for free or reduced-price school meals;
12 (8) Identified student percentage means the identified student
13 percentage calculated for high-poverty schools as specified under
14 regulations promulgated by the United States Department of Agriculture
15 pursuant to the federal Richard B. Russell National School Lunch Act, 42
16 U.S.C. 1751 et seq., as such act and regulations existed on January 1,
17 2021;
18 (9) Qualified public school means a public school which is
19 participating in the school breakfast program or the national school
20 lunch program under the federal Child Nutrition Act of 1966, 42 U.S.C.
21 1771 et seq., or the federal Richard B. Russell National School Lunch
22 Act, 42 U.S.C. 1751 et seq., as such acts existed on January 1, 2021;
23 (10) Reduced-price breakfast means a breakfast served to an eligible
24 student by a school district participating in the school breakfast
25 program under the federal Child Nutrition Act of 1966, 42 U.S.C. 1771 et
26 seq., as such act existed on January 1, 2021; and
27 (11) Reduced-price lunch means a lunch served to an eligible student
28 by a school district participating in the national school lunch program
29 under the federal Richard B. Russell National School Lunch Act, 42 U.S.C.
30 1751 et seq., as such act existed on January 1, 2021.
31 Sec. 4. The Hunger-Free Schools Program is created. To comply with
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1 the Hunger-Free Schools Program, a qualified school shall:
2 (1) Offer eligible breakfasts and eligible lunches at no cost to all
3 students for any school breakfast program or school lunch program
4 operated by such school during the school day;
5 (2) Submit information regarding the number of eligible breakfasts
6 and eligible lunches served in a manner prescribed by the department; and
7 (3) Maximize federal reimbursement for eligible breakfasts and
8 eligible lunches by operating under the community eligibility provision
9 if such school has an identified student percentage greater than or equal
10 to sixty-two and one-half percent.
11 Sec. 5. (1) The department shall reimburse each qualified public
12 school a portion of the cost of each eligible breakfast and each eligible
13 lunch served by such school during the second preceding school fiscal
14 year in an amount intended to offset the cost of the provision of such
15 eligible breakfasts and eligible lunches at no cost to all students. The
16 department shall make disbursements annually to each qualified school
17 district that complies with the requirements of the Hunger-Free Schools
18 Program in the amount of:
19 (a) For each qualified public school that has adopted the community
20 eligibility provision for the school fiscal year that such eligible
21 breakfasts and eligible lunches were served:
22 (i) The difference between the federal reimbursement rate for a free
23 breakfast and the federal reimbursement rate for a fully paid breakfast
24 for each fully paid breakfast served; and
25 (ii) The difference between the federal reimbursement rate for a
26 free lunch and the federal reimbursement rate for a fully paid lunch for
27 each fully paid lunch served; and
28 (b) For each qualified public school that has not adopted the
29 community eligibility provision in the year that the eligible breakfasts
30 and eligible lunches were served:
31 (i) Thirty cents for each eligible breakfast served to a student
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1 eligible for a reduced-price breakfast;
2 (ii) Forty cents for each eligible lunch served to a student
3 eligible for a reduced-price lunch;
4 (iii) The difference between the federal reimbursement rate for a
5 free breakfast and the federal reimbursement rate for a fully paid
6 breakfast for each fully paid breakfast served; and
7 (iv) The difference between the federal reimbursement rate for a
8 free lunch and the federal reimbursement rate for a fully paid lunch for
9 each fully paid lunch served.
10 (2) It is the intent of the Legislature to appropriate money from
11 the General Fund to carry out the Hunger-Free Schools Act.
12 Sec. 6. (1) Nothing in the Hunger-Free Schools Act shall prevent a
13 school district from collecting information from the parent or guardian
14 of a student to determine eligibility for other services of the school
15 district.
16 (2) The department may adopt and promulgate rules and regulations to
17 carry out the act.
18 Sec. 7. Original section 79-10,137, Reissue Revised Statutes of
19 Nebraska, is repealed.
20 Sec. 8. The following sections are outright repealed: Sections
21 79-10,138 and 79-10,139, Reissue Revised Statutes of Nebraska.
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