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