CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1238
Chapter 379, Laws of 2023
68th Legislature
2023 Regular Session
SCHOOL MEALS—VARIOUS PROVISIONS
EFFECTIVE DATE: July 23, 2023—Except for section 6, which takes
effect September 1, 2024.
Passed by the House April 18, 2023 CERTIFICATE
Yeas 92 Nays 4
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 1238 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 11, 2023
Yeas 44 Nays 5
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved May 9, 2023 2:10 PM FILED
May 10, 2023
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1238
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Appropriations (originally sponsored by Representatives
Riccelli, Harris, Alvarado, Thai, Simmons, Senn, Rude, Reeves, Reed,
Walen, Peterson, Ortiz-Self, Ormsby, Taylor, Leavitt, Fitzgibbon,
Duerr, Doglio, Berry, Bateman, Morgan, Fey, Ramel, Goodman, Fosse,
Pollet, Lekanoff, Macri, Chopp, Stonier, Gregerson, and Santos; by
request of Superintendent of Public Instruction)
READ FIRST TIME 02/24/23.
1 AN ACT Relating to providing free school meals for all; amending
2 RCW 28A.150.260, 28A.150.260, 28A.405.415, and 28A.235.300;
3 reenacting and amending RCW 28A.235.160; adding new sections to
4 chapter 28A.235 RCW; creating new sections; repealing RCW
5 28A.235.140; providing an effective date; and providing an expiration
6 date.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8 NEW SECTION. Sec. 1. (1) The legislature recognizes that
9 adequate childhood nutrition is indispensable for proper
10 intellectual, academic, and social development. However, many
11 Washington families continue to face economic and other challenges
12 that impact students' ability to consistently access nutritional
13 meals that support their growth and well-being.
14 (2) The legislature has acknowledged the widespread but often
15 concealed harms of childhood hunger by enacting legislation in recent
16 years to address this issue. For example, in 2018, the legislature
17 established a breakfast after the bell program in high-needs schools,
18 in 2021, the legislature eliminated lunch copays for qualifying
19 students, and in 2022, the legislature expanded school participation
20 in the federal community eligibility provision, a program that
21 provides no-charge meals for all students at participating schools.
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 1 (3) These efforts and others have significantly increased student
2 access to meals provided without charge, but the problems of food
3 insecurity, with its lasting physiological and psychological harms,
4 remain a reality for too many families, too many schools, and too
5 many children.
6 (4) The legislature recognizes also that the myriad difficulties
7 of the COVID-19 pandemic uniquely impacted school districts and food
8 delivery systems. While the challenges of responding to the
9 unprecedented disruptions of a global pandemic continue to
10 reverberate in public schools, school districts, through hard work,
11 federal approvals, and appropriate financial supports, successfully
12 demonstrated their ability to provide meals without charge to all
13 requesting students. However, federal provisions permitting meals to
14 be served at no charge to all students during the school year have
15 expired, so the task of broadly responding to student meal needs has
16 returned to the states.
17 (5) Although childhood hunger persists, the legislature
18 recognizes that the state and school districts have the needed
19 infrastructure and ability to respond to the issue, including the
20 potential to access or leverage federal funds that may become
21 available for school meal programs. The legislature, therefore,
22 intends to continue its multiyear effort to eliminate hunger and food
23 insecurity within public schools by expanding the provision of meals
24 without charge to the state's youngest K-12 students.
25 NEW SECTION. Sec. 2. A new section is added to chapter 28A.235
26 RCW to read as follows:
27 (1)(a) In accordance with (b) and (c) of this subsection,
28 beginning with the 2023-24 school year, each school district shall
29 provide breakfast and lunch each school day to any student who
30 requests a breakfast, lunch, or both. The school district must
31 provide the meals at no charge to the student and without
32 consideration of the student's eligibility for a federally reimbursed
33 free or reduced-price meal. Meals provided under this section must be
34 nutritiously adequate and qualify for federal reimbursement under the
35 school lunch program or the school breakfast program, and students
36 are not eligible for more than one meal in a meal service period.
37 (b) The requirements in (a) of this subsection apply to public
38 schools in which:
p. 2 E2SHB 1238.SL
 1 (i) Educational services are provided to students in any of the
2 grades of kindergarten through four; and
3 (ii) 30 percent or more of the enrolled students meet federal
4 eligibility requirements for free or reduced-price lunches.
5 (c) The obligation to provide breakfast and lunch to students
6 under this subsection (1):
7 (i) Begins in the 2023-24 school year for schools in which 40
8 percent or more of the enrolled students meet federal eligibility
9 requirements for free or reduced-price lunches;
10 (ii) Begins in the 2024-25 school year for schools in which the
11 percentage of enrolled students that meet federal eligibility
12 requirements for free or reduced-price lunches is at least 30 percent
13 and less than 40 percent; and
14 (iii) Does not apply to schools participating in the United
15 States department of agriculture's community eligibility provision
16 under RCW 28A.235.300 that have not completed the duration of the
17 provision's four-year cycle.
18 (2) The office of the superintendent of public instruction shall
19 reimburse school districts, subject to the requirements of subsection
20 (1) of this section, on a per meal reimbursement basis for meals that
21 are not already reimbursed at the United States department of
22 agriculture's free rate. The additional state reimbursement amount
23 must be the difference between the United States department of
24 agriculture's free rate and the United States department of
25 agriculture's paid rate.
26 (3) School districts, in accordance with RCW 28A.235.160, may be
27 exempted from the requirements of this section.
28 (4) To maximize federal funding, school districts must continue
29 collecting free and reduced-price meal eligibility applications where
30 applicable and run direct certification at least monthly in
31 accordance with RCW 28A.235.280. School districts shall also annually
32 monitor data for eligibility in the United States department of
33 agriculture community eligibility provision and apply where eligible
34 as required in RCW 28A.235.300.
35 (5) For the purposes of this section, the following definitions
36 apply:
37 (a) "Public school" has the same meaning as in RCW 28A.150.010.
38 (b) "School breakfast program" has the same meaning as in RCW
39 28A.235.160.
p. 3 E2SHB 1238.SL
1 (c) "School lunch program" has the same meaning as in RCW
2 28A.235.160.
3 (6) This section governs school operation and management under
4 RCW 28A.710.040 and 28A.715.020, and applies to charter schools
5 established under chapter 28A.710 RCW and state-tribal education
6 compact schools established under chapter 28A.715 RCW to the same
7 extent as it applies to school districts.
8 (7) The requirements in this section shall lapse if the federal
9 reimbursement for any school breakfasts or lunches is eliminated.
10 NEW SECTION. Sec. 3. A new section is added to chapter 28A.235
11 RCW to read as follows:
12 Public schools, as defined in RCW 28A.150.010, providing school
13 meals to students are encouraged to buy Washington produced food
14 whenever practicable and cost is comparable to non-Washington
15 produced food.
16 Sec. 4. RCW 28A.235.160 and 2021 c 74 s 2 are each reenacted and
17 amended to read as follows:
18 (1) For the purposes of this section:
19 (a) "Free or reduced-price lunch" means a lunch served by a
20 school district participating in the national school lunch program to
21 a student qualifying for national school lunch program benefits based
22 on family size-income criteria.
23 (b) "Lunch copay" means the amount a student who qualifies for a
24 reduced-price lunch is charged for a reduced-price lunch.
25 (c) "School breakfast program" means a program meeting federal
26 requirements defined in 42 U.S.C. Sec. 1773.
27 (d) "School lunch program" means a meal program meeting the
28 requirements defined ((by the superintendent of public instruction
29 under subsection (2)(b) of this section)) in Title 42 U.S.C. Sec.
30 1751 et seq.
31 (e) "Severe-need school" means a school that qualifies for a
32 severe-need school reimbursement rate from federal funds for school
33 breakfasts served to children from low-income families.
34 (f) "Summer food service program" means a meal or snack program
35 meeting the requirements defined by the superintendent of public
36 instruction under subsection (4) of this section.
37 (2) School districts shall implement a school lunch program in
38 each public school in the district in which educational services are
p. 4 E2SHB 1238.SL
 1 provided to children in any of the grades of kindergarten through
2 four and in which ((twenty-five)) 25 percent or more of the enrolled
3 students qualify for a free or reduced-price lunch. In accordance
4 with section 2 of this act, school districts shall provide meals at
5 no charge to all requesting students at public schools that meet the
6 criteria established in section 2(1) (b) and (c) of this act. In
7 developing and implementing its school lunch program and school
8 breakfast program, each school district may consult with an advisory
9 committee including school staff, community members, and others
10 appointed by the board of directors of the district.
11 (((a) Applications to determine free or reduced-price lunch
12 eligibility shall be distributed and collected for all households of
13 children in schools containing any of the grades kindergarten through
14 four and in which there are no United States department of
15 agriculture child nutrition programs. The applications that are
16 collected must be reviewed to determine eligibility for free or
17 reduced-price lunches. Nothing in this section shall be construed to
18 require completion or submission of the application by a parent or
19 guardian.
20 (b) Using the most current available school data on free and
21 reduced-price lunch eligibility, the superintendent of public
22 instruction shall adopt a schedule for implementation of school lunch
23 programs at each school required to offer such a program under
24 subsection (2) of this section as follows:
25 (i) Schools not offering a school lunch program and in which
26 twenty-five percent or more of the enrolled students are eligible for
27 free or reduced-price lunch shall implement a school lunch program
28 not later than the second day of school in the 2005-06 school year
29 and in each school year thereafter.
30 (ii) The superintendent shall establish minimum standards
31 defining the lunch meals to be served, and such standards must be
32 sufficient to qualify the meals for any available federal
33 reimbursement.
34 (iii) Nothing in this section shall be interpreted to prevent a
35 school from implementing a school lunch program earlier than the
36 school is required to do so.))
37 (3) To the extent funds are appropriated for this purpose, each
38 school district shall implement a school breakfast program in each
39 school where more than ((forty)) 40 percent of students eligible to
40 participate in the school lunch program qualify for free or reduced-
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 1 price meal reimbursement ((by the school year 2005-06)). Beginning in
2 the 2023-24 school year and in accordance with section 2 of this act,
3 school districts shall implement a breakfast program in each school
4 providing meals at no charge to students. For the second year before
5 the implementation of the district's school breakfast program, and
6 for each subsequent school year, each school district shall submit
7 data enabling the superintendent of public instruction to determine
8 which schools within the district will qualify for this requirement.
9 Schools where lunch programs start after the 2003-04 school year,
10 where ((forty)) 30 percent of students qualify for free or reduced-
11 price meals, must begin school breakfast programs the second year
12 following the start of a lunch program.
13 (4) Each school district shall implement a summer food service
14 program in each public school in the district in which a summer
15 program of academic, enrichment, or remedial services is provided and
16 in which 50 percent or more of the children enrolled in the school
17 ((qualify)) meet federal eligibility requirements for free or
18 reduced-price lunch. However, the superintendent of public
19 instruction shall develop rules establishing criteria to permit an
20 exemption for a school that can demonstrate availability of an
21 adequate alternative summer feeding program. Sites providing meals
22 should be open to all children in the area, unless a compelling case
23 can be made to limit access to the program. The superintendent of
24 public instruction shall adopt a definition of compelling case and a
25 schedule for implementation as follows:
26 (a) Beginning the summer of 2005 if the school currently offers a
27 school breakfast or lunch program; or
28 (b) Beginning the summer following the school year during which a
29 school implements a school lunch program under ((subsection (2)(b)
30 of)) this section.
31 (5) Schools not offering a breakfast or lunch program may meet
32 the meal service requirements of subsections (2)(((b))) and (4) of
33 this section through any of the following:
34 (a) Preparing the meals on-site;
35 (b) Receiving the meals from another school that participates in
36 a United States department of agriculture child nutrition program; or
37 (c) Contracting with a nonschool entity that is a licensed food
38 service establishment under RCW 69.07.010.
39 (6) Requirements that school districts have a school lunch,
40 breakfast, or summer nutrition program under this section shall not
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 1 create or imply any state funding obligation for these costs. The
2 legislature does not intend to include these programs within the
3 state's obligation for basic education funding under Article IX of
4 the state Constitution.
5 (7) Beginning in the 2021-22 school year, school districts with
6 school lunch programs must eliminate lunch copays for students in
7 prekindergarten through 12th grade who qualify for reduced-price
8 lunches, and the superintendent of public instruction must allocate
9 funding for this purpose.
10 (8) The requirements in this section shall lapse if the federal
11 reimbursement for any school breakfasts, lunches, or summer food
12 service programs is eliminated.
13 (9) School districts may be exempted from the requirements of
14 this section and section 2 of this act by showing good cause why they
15 cannot comply with the office of the superintendent of public
16 instruction to the extent that such exemption is not in conflict with
17 federal or state law. The process and criteria by which school
18 districts ((are)) may be exempted shall be developed by rule and
19 revised if necessary by the office of the superintendent of public
20 instruction in consultation with representatives of school directors,
21 school food service, community-based organizations, and ((the
22 Washington state PTA)) a state organization of parents and teachers.
23 Sec. 5. RCW 28