| 1 | 1 | | 25 LC 52 0717 |
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| 2 | 2 | | Senate Bill 217 |
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| 3 | 3 | | By: Senators Islam Parkes of the 7th, Jones II of the 22nd, Parent of the 44th, Esteves of the |
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| 4 | 4 | | 35th, Jackson of the 41st and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to |
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| 8 | 8 | | 1 |
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| 9 | 9 | | elementary and secondary education, so as to provide for school lunch and school breakfast2 |
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| 10 | 10 | | programs for public school students in this state; to provide for such meals to be offered at3 |
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| 11 | 11 | | no cost to students who qualify for reduced price meals under federal and state guidelines;4 |
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| 12 | 12 | | to provide for school breakfast programs under the Quality Basic Education Act; to provide5 |
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| 13 | 13 | | for funding; to require local school systems to maximize access to federal funding; to provide6 |
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| 14 | 14 | | for participating in the United States Department of Agriculture's Community Eligibility7 |
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| 15 | 15 | | Provision (CEP); to provide for rules and regulations; to encourage the use of Georgia grown8 |
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| 16 | 16 | | products in school breakfast and lunch programs; to provide a short title; to provide for9 |
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| 17 | 17 | | related matters; to repeal conflicting laws; and for other purposes.10 |
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| 18 | 18 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 19 | 19 | | SECTION 1.12 |
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| 20 | 20 | | This Act shall be known and may be cited as the "Healthy Start."13 |
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| 21 | 21 | | S. B. 217 |
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| 22 | 22 | | - 1 - 25 LC 52 0717 |
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| 23 | 23 | | SECTION 2. |
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| 24 | 24 | | 14 |
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| 25 | 25 | | Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and15 |
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| 26 | 26 | | secondary education, is amended in Article 3, relating to local boards of education, by16 |
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| 27 | 27 | | repealing and reserving Code Section 20-2-66, relating to school breakfast programs.17 |
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| 28 | 28 | | SECTION 3.18 |
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| 29 | 29 | | Said chapter is further amended in Part 5 of Article 6, relating to program weights and19 |
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| 30 | 30 | | funding requirements, by revising Code Section 20-2-187, relating to state-wide school lunch20 |
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| 31 | 31 | | program, instruction in nutrition, hygiene, etiquette, and social graces, and school food and21 |
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| 32 | 32 | | nutrition personnel, as follows:22 |
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| 33 | 33 | | "20-2-187.23 |
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| 34 | 34 | | (a)(1) |
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| 35 | 35 | | The State Board of Education shall annually determine the amount of state funds24 |
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| 36 | 36 | | needed to provide a state-wide school lunch program to ensure all students enrolled in25 |
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| 37 | 37 | | public schools in this state have access to high-quality healthy meals to support student26 |
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| 38 | 38 | | learning, and such amount shall include, but shall not be limited to, funds sufficient to27 |
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| 39 | 39 | | ensure that such meals are offered at no cost to students who are eligible for reduced price28 |
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| 40 | 40 | | meals under federal and state guidelines. The state board shall, by regulation, provide for29 |
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| 41 | 41 | | certifying and classifying school lunch food and nutrition supervisors and managers and30 |
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| 42 | 42 | | establish training programs for school lunch food and nutrition personnel. The state board31 |
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| 43 | 43 | | is authorized to provide for the payment of:32 |
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| 44 | 44 | | (A)(1) Operating costs of school lunchrooms cafeterias, including, but not limited to,33 |
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| 45 | 45 | | breakfast costs, as financed by federal funds, for those students eligible under federal34 |
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| 46 | 46 | | guidelines;35 |
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| 47 | 47 | | (B)(2) State supplements to the salaries paid to such personnel by local units of36 |
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| 48 | 48 | | administration; and37 |
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| 49 | 49 | | (C)(3) State incentive pay for satisfactory completion of such training programs.38 |
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| 50 | 50 | | S. B. 217 |
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| 51 | 51 | | - 2 - 25 LC 52 0717 |
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| 52 | 52 | | (2) An application of local five mill share funds pursuant to Code Section 20-2-164 shall39 |
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| 53 | 53 | | not be made for payments to local units of administration under this Code section. Any40 |
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| 54 | 54 | | state funds appropriated for this purpose shall be used to supplement federal funds as a41 |
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| 55 | 55 | | means of keeping sale prices within reach of paying students and of maximizing42 |
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| 56 | 56 | | participation and quality meals for all students.43 |
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| 57 | 57 | | (b)(1) Each local school system in this state is encouraged to establish and support a44 |
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| 58 | 58 | | school breakfast program to make breakfast available to students.45 |
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| 59 | 59 | | (2) Each local school system that has a school or site with an identified student46 |
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| 60 | 60 | | percentage of at least 40 percent, or an identified student percentage of less than 4047 |
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| 61 | 61 | | percent if authorized by federal law, as determined annually by the deadline set by the48 |
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| 62 | 62 | | United States Department of Agriculture, shall establish and support a school breakfast49 |
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| 63 | 63 | | program.50 |
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| 64 | 64 | | (3) Each local school system operating a school breakfast program pursuant to51 |
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| 65 | 65 | | paragraph (1) or (2) of this subsection shall be reimbursed by the state at the federal52 |
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| 66 | 66 | | reimbursement rate per eligible meal prepared and served; provided, however, that, if53 |
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| 67 | 67 | | federal funding for the school breakfast program ceases, the state shall reimburse each54 |
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| 68 | 68 | | local school system operating a school breakfast program at the federal reimbursement55 |
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| 69 | 69 | | rate per eligible meal prepared and served that was in effect during the most recent full56 |
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| 70 | 70 | | school year during which federal funds were available. The State Board of Education57 |
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| 71 | 71 | | shall annually determine the amount of state funds needed to ensure all students enrolled58 |
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| 72 | 72 | | in public schools in this state operating a school breakfast program have access to59 |
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| 73 | 73 | | high-quality healthy meals to support student learning, and such amount shall include, but60 |
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| 74 | 74 | | shall not be limited to, funds sufficient to ensure that such meals are offered at no cost to61 |
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| 75 | 75 | | students who are eligible for reduced price meals under federal and state guidelines.62 |
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| 76 | 76 | | (c) An application of local five mill share funds pursuant to Code Section 20-2-164 shall63 |
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| 77 | 77 | | not be made for payments to local units of administration under this Code section. Any64 |
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| 78 | 78 | | state funds appropriated for this purpose shall be used to supplement federal funds as a65 |
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| 79 | 79 | | S. B. 217 |
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| 80 | 80 | | - 3 - 25 LC 52 0717 |
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| 81 | 81 | | means of maximizing student participation in school lunch programs and school breakfast66 |
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| 82 | 82 | | programs, to ensure all students enrolled in public schools in this state have access to67 |
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| 83 | 83 | | high-quality healthy meals to support student learning and that such meals are offered at68 |
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| 84 | 84 | | no charge to all students enrolled in a public school in this state.69 |
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| 85 | 85 | | (d) Local school systems shall maximize access to federal funds for the cost of school70 |
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| 86 | 86 | | lunch and school breakfast programs by adopting the United States Department of71 |
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| 87 | 87 | | Agriculture's Community Eligibility Provision or any other federal provision that, in the72 |
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| 88 | 88 | | opinion of the Department of Education, results in the most possible federal funding for73 |
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| 89 | 89 | | meals served in such program. Each local school system that has a school or site with an74 |
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| 90 | 90 | | identified student percentage of at least 40 percent, or an identified student percentage of75 |
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| 91 | 91 | | less than 40 percent if authorized by federal law, as determined annually by the deadline76 |
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| 92 | 92 | | set by the United States Department of Agriculture, shall participate in the federal77 |
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| 93 | 93 | | Community Eligibility Provision in the subsequent school year and throughout the duration78 |
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| 94 | 94 | | of the Community Eligibility Provision's four-year cycle. Local school systems, to the79 |
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| 95 | 95 | | extent practicable, shall group public schools for purposes of maximizing the number of80 |
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| 96 | 96 | | schools eligible to participate in the Community Eligibility Provision.81 |
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| 97 | 97 | | (e) The State Board of Education shall promulgate rules and regulations which:82 |
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| 98 | 98 | | (1) Establish minimum nutritional requirements for school lunch programs and school83 |
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| 99 | 99 | | breakfast programs which meet or exceed the minimum federal requirements;84 |
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| 100 | 100 | | (2) Utilize federal standards of income eligibility for free or reduced price meals for85 |
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| 101 | 101 | | low-income students;86 |
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| 102 | 102 | | (3) Prescribe uniform methods of determining eligibility for free or reduced price meals87 |
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| 103 | 103 | | that are discreet and accessible. Each participating local school system shall establish a88 |
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| 104 | 104 | | method to regularly notify parents of the availability of such programs;89 |
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| 105 | 105 | | (4) Provide that each participating local school system submit a plan of compliance;90 |
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| 106 | 106 | | S. B. 217 |
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| 107 | 107 | | - 4 - 25 LC 52 0717 |
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| 108 | 108 | | (5) Provide that compliance with the standards and regulations of the National School91 |
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| 109 | 109 | | Lunch Act and Child Nutrition Act of 1966, as amended, shall be deemed compliance92 |
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| 110 | 110 | | with the requirements promulgated by the board;93 |
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| 111 | 111 | | (6) Assist participating local school systems in applying for and obtaining start-up grant94 |
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| 112 | 112 | | money for such programs; and95 |
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| 113 | 113 | | (7) Encourage and assist participating local school systems in using Georgia grown96 |
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| 114 | 114 | | produce, dairy, and poultry products.97 |
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| 115 | 115 | | (b)(f) The State Board of Education is authorized to prescribe by appropriate rules and98 |
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| 116 | 116 | | regulations that there may be included as part of the program of every public school in this99 |
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| 117 | 117 | | state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating100 |
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| 118 | 118 | | to the partaking of meals and is further authorized to allot funds, in a manner consistent101 |
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| 119 | 119 | | with the funding for the other various components of the instructional program, to local102 |
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| 120 | 120 | | units of administration for costs directly associated with this program. There may be103 |
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| 121 | 121 | | utilized in the course of instruction the full resources available to each individual school,104 |
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| 122 | 122 | | including its cafeterias, school lunch food and nutrition personnel, and all practical105 |
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| 123 | 123 | | demonstrations in the preparation and consumption of food which may be necessary to106 |
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| 124 | 124 | | formulate a comprehensive course of instruction in such subject matter. Any period of the107 |
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| 125 | 125 | | school day may be utilized for the teaching of this course of instruction, including that108 |
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| 126 | 126 | | period usually reserved for the lunch period.109 |
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| 127 | 127 | | (c)(1)(g)(1) The State Board of Education shall establish a system of allotments of funds110 |
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| 128 | 128 | | to local units of administration to provide for services rendered on a ten-month basis by111 |
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| 129 | 129 | | school food and nutrition personnel. The amount of funds paid to any local unit of112 |
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| 130 | 130 | | administration shall be paid in 12 monthly payments and shall be based upon the number113 |
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| 131 | 131 | | of full-time equivalent school lunch food and nutrition positions needed to plan, prepare,114 |
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| 132 | 132 | | and serve meals in that local unit of administration, multiplied by an annual base115 |
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| 133 | 133 | | payment. For each school food and nutrition manager, the local unit of administration116 |
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| 134 | 134 | | shall earn the base payment as well as an amount not to exceed $100.00 per month.117 |
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| 135 | 135 | | S. B. 217 |
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| 136 | 136 | | - 5 - 25 LC 52 0717 |
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| 137 | 137 | | (2) The base payment shall be calculated on the basis of 1,520 hours in an annual school |
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| 138 | 138 | | 118 |
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| 139 | 139 | | year for a full-time equivalent school lunch |
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| 140 | 140 | | food and nutrition position, multiplied by an119 |
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| 141 | 141 | | amount not less than $161.00 per month for 12 months. Future annual increases in the120 |
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| 142 | 142 | | base payment shall reflect the same percentage increase provided by the state for other121 |
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| 143 | 143 | | state funded positions. The state board shall annually establish a state performance122 |
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| 144 | 144 | | standard and shall determine the number of full-time equivalent school lunch food and123 |
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| 145 | 145 | | nutrition positions needed to plan, prepare, and serve meals based on the state124 |
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| 146 | 146 | | performance standard and the average daily number of student lunches meals served125 |
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| 147 | 147 | | during the preceding school year.126 |
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| 148 | 148 | | (3) Each local unit of administration shall establish a staffing pattern and determine the127 |
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| 149 | 149 | | number of personnel to employ. Local units of administration shall establish the salary128 |
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| 150 | 150 | | schedule for school food and nutrition personnel and shall use the base payments in129 |
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| 151 | 151 | | financing the locally established salary schedule."130 |
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| 152 | 152 | | SECTION 4.131 |
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| 153 | 153 | | All laws and parts of laws in conflict with this Act are repealed.132 |
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| 154 | 154 | | S. B. 217 |
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| 155 | 155 | | - 6 - |
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