Minnesota 2023-2024 Regular Session

Minnesota House Bill HF5 Compare Versions

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1	1		1.1 A bill for an act
2	2		1.2 relating to education; providing free school lunch and breakfast for students;
3	3		1.3 appropriating money; amending Minnesota Statutes 2022, sections 124D.111;
4		-	1.4 124D.1158~~; 126C.05, subdivision 3~~.
	4	+	1.4 124D.1158.
5	5		1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6		1.6 Section 1. Minnesota Statutes 2022, section 124D.111, is amended to read:
7	7		1.7 124D.111 SCHOOL MEALS POLICIES; LUNCH AID; FOOD SERVICE
8	8		1.8ACCOUNTING.
9	9		1.9 Subdivision 1.School meals policies.(a) Each Minnesota participant in the national
10	10		1.10school lunch program must adopt and post to its website, or the website of the organization
11	11		1.11where the meal is served, a school meals policy.
12	12		1.12 (b) The policy must be in writing and clearly communicate student meal charges when
13	13		1.13payment cannot be collected at the point of service. The policy must be reasonable and
14	14		1.14well-defined and maintain the dignity of students by prohibiting lunch shaming or otherwise
15	15		1.15ostracizing the student.
16	16		1.16 (c) The policy must address whether the participant uses a collections agency to collect
17	17		1.17unpaid school meals debt.
18	18		1.18 (d) The policy must ensure that once a participant has placed a meal on a tray or otherwise
19	19		1.19served the meal to a student, the meal may not be subsequently withdrawn from the student
20	20		1.20by the cashier or other school official, whether or not the student has an outstanding meals
21	21		1.21balance.
22	22		1Section 1.
23		-	REVISOR CM H0005-2HF5 ~~SECOND~~ ENGROSSMENT
	23	+	REVISOR CM H0005-1HF5 FIRST ENGROSSMENT
24	24		State of Minnesota
25	25		This Document can be made available
26	26		in alternative formats upon request
27	27		HOUSE OF REPRESENTATIVES
28	28		H. F. No. 5
29	29		NINETY-THIRD SESSION
30	30		Authored by Jordan, Youakim, Clardy, Keeler, Feist and others01/04/2023
31	31		The bill was read for the first time and referred to the Committee on Education Policy
32	32		Adoption of Report: Re-referred to the Committee on Education Finance01/17/2023
33		-	Adoption of Report: Amended and re-referred to the Committee on Ways and Means01/26/2023
34		-	Adoption of Report: Placed on the General Register02/01/2023
35		-	Read for the Second Time
36		-	Calendar for the Day02/09/2023
37		-	Read for the Third Time
38		-	Passed by the House and transmitted to the Senate
39		-	Passed by the Senate as Amended and returned to the House03/16/2023
40		-	Returned to the House as Amended by the Senate
41		-	Read Third Time as Amended by the Senate
42		-	Bill was repassed as Amended by the Senate 2.1 (e) The policy must ensure that a student who has been determined eligible for free and
	33	+	Adoption of Report: Amended and re-referred to the Committee on Ways and Means01/26/2023 2.1 (e) The policy must ensure that a student who has been determined eligible for free and
43	34		2.2reduced-price lunch must always be served a reimbursable meal even if the student has an
44	35		2.3outstanding debt.
45	36		2.4 (f) If a school contracts with a third party for its meal services, it must provide the vendor
46	37		2.5with its school meals policy. Any contract between the school and a third-party provider
47	38		2.6entered into or modified after July 1, 2021, must ensure that the third-party provider adheres
48	39		2.7to the participant's school meals policy.
49	40		2.8 Subd. 1a.School lunch aid amounts.Each school year, the state must pay participants
50	41		2.9in the national school lunch program either:
51	42		2.10 (1) the amount of 12.5 cents for each full paid and free student lunch and 52.5 cents for
52	43		2.11each reduced-price lunch served to students; or
53	44		2.12 (2) if the school participates in the free school meals program under subdivision 1c, the
54	45		2.13amount specified in subdivision 1d.
55	46		2.14 Subd. 1b.Application.A school district, charter school, nonpublic school, or other
56	47		2.15participant in the national school lunch program must apply to the department for school
57	48		2.16meals payments in the manner provided by the department.
58	49		2.17 Subd. 1c.Free school meals program.(a) The free school meals program is created
59	50		2.18within the Department of Education.
60	51		2.19 (b) Each school that participates in the United States Department of Agriculture National
61	52		2.20School Lunch program and has an Identified Student Percentage below the federal percentage
62	53		2.21determined for all meals to be reimbursed at the free rate via the Community Eligibility
63	54		2.22Provision must participate in the free school meals program.
64	55		2.23 (c) Each school that participates in the United States Department of Agriculture National
65	56		2.24School Lunch program and has an Identified Student Percentage at or above the federal
66	57		2.25percentage determined for all meals to be reimbursed at the free rate must participate in the
67	58		2.26federal Community Eligibility Provision in order to participate in the free school meals
68	59		2.27program.
69	60		2.28 (d) Each school that participates in the free school meals program must:
70	61		2.29 (1) participate in the United States Department of Agriculture School Breakfast Program
71	62		2.30and the United States Department of Agriculture National School Lunch Program; and
72	63		2.31 (2) provide to all students at no cost up to two federally reimbursable meals per school
73	64		2.32day, with a maximum of one free breakfast and one free lunch.
74	65		2Section 1.
75		-	REVISOR CM H0005-2HF5 ~~SECOND~~ ENGROSSMENT 3.1 Subd. 1d.Free school meals program aid amount.The department must provide to
	66	+	REVISOR CM H0005-1HF5 FIRST ENGROSSMENT 3.1 Subd. 1d.Free school meals program aid amount.The department must provide to
76	67		3.2every Minnesota school participating in the free school meals program state funding for
77	68		3.3each school lunch and breakfast served to a student, with a maximum of one breakfast and
78	69		3.4one lunch per student per school day. The state aid equals the difference between the
79	70		3.5applicable federal reimbursement rate at that school site for a free meal, as determined
80	71		3.6annually by the United States Department of Agriculture, and the actual federal
81	72		3.7reimbursement received by the participating school for the breakfast or lunch served to the
82	73		3.8student.
83	74		3.9 Subd. 2.Application.A school district, charter school, nonpublic school, or other
84	75		3.10participant in the national school lunch program shall apply to the department for this
85	76		3.11payment on forms provided by the department.
86	77		3.12 Subd. 2a.Federal child and adult care food program; criteria and notice.The
87	78		3.13commissioner must post on the department's website eligibility criteria and application
88	79		3.14information for nonprofit organizations interested in applying to the commissioner for
89	80		3.15approval as a multisite sponsoring organization under the federal child and adult care food
90	81		3.16program. The posted criteria and information must inform interested nonprofit organizations
91	82		3.17about:
92	83		3.18 (1) the criteria the commissioner uses to approve or disapprove an application, including
93	84		3.19how an applicant demonstrates financial viability for the Minnesota program, among other
94	85		3.20criteria;
95	86		3.21 (2) the commissioner's process and time line for notifying an applicant when its
96	87		3.22application is approved or disapproved and, if the application is disapproved, the explanation
97	88		3.23the commissioner provides to the applicant; and
98	89		3.24 (3) any appeal or other recourse available to a disapproved applicant.
99	90		3.25 Subd. 3.School food service fund.(a) The expenses described in this subdivision must
100	91		3.26be recorded as provided in this subdivision.
101	92		3.27 (b) In each district, the expenses for a school food service program for pupils must be
102	93		3.28attributed to a school food service fund. Under a food service program, the school food
103	94		3.29service may prepare or serve milk, meals, or snacks in connection with school or community
104	95		3.30service activities.
105	96		3.31 (c) Revenues and expenditures for food service activities must be recorded in the food
106	97		3.32service fund. The costs of processing applications, accounting for meals, preparing and
107	98		3.33serving food, providing kitchen custodial services, and other expenses involving the preparing
108	99		3Section 1.
109		-	REVISOR CM H0005-2HF5 ~~SECOND~~ ENGROSSMENT 4.1of meals or the kitchen section of the lunchroom may be charged to the food service fund
	100	+	REVISOR CM H0005-1HF5 FIRST ENGROSSMENT 4.1of meals or the kitchen section of the lunchroom may be charged to the food service fund
110	101		4.2or to the general fund of the district. The costs of lunchroom supervision, lunchroom custodial
111	102		4.3services, lunchroom utilities, and other administrative costs of the food service program
112	103		4.4must be charged to the general fund.
113	104		4.5 That portion of superintendent and fiscal manager costs that can be documented as
114	105		4.6attributable to the food service program may be charged to the food service fund provided
115	106		4.7that the school district does not employ or contract with a food service director or other
116	107		4.8individual who manages the food service program, or food service management company.
117	108		4.9If the cost of the superintendent or fiscal manager is charged to the food service fund, the
118	109		4.10charge must be at a wage rate not to exceed the statewide average for food service directors
119	110		4.11as determined by the department.
120	111		4.12 (d) Capital expenditures for the purchase of food service equipment must be made from
121	112		4.13the general fund and not the food service fund, unless the restricted balance in the food
122	113		4.14service fund at the end of the last fiscal year is greater than the cost of the equipment to be
123	114		4.15purchased.
124	115		4.16 (e) If the condition set out in paragraph (d) applies, the equipment may be purchased
125	116		4.17from the food service fund.
126	117		4.18 (f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit
127	118		4.19is not eliminated by revenues from food service operations in the next fiscal year, then the
128	119		4.20deficit must be eliminated by a permanent fund transfer from the general fund at the end of
129	120		4.21that second fiscal year. However, if a district contracts with a food service management
130	121		4.22company during the period in which the deficit has accrued, the deficit must be eliminated
131	122		4.23by a payment from the food service management company.
132	123		4.24 (g) Notwithstanding paragraph (f), a district may incur a deficit in the food service fund
133	124		4.25for up to three years without making the permanent transfer if the district submits to the
134	125		4.26commissioner by January 1 of the second fiscal year a plan for eliminating that deficit at
135	126		4.27the end of the third fiscal year.
136	127		4.28 (h) If a surplus in the food service fund exists at the end of a fiscal year for three
137	128		4.29successive years, a district may recode for that fiscal year the costs of lunchroom supervision,
138	129		4.30lunchroom custodial services, lunchroom utilities, and other administrative costs of the food
139	130		4.31service program charged to the general fund according to paragraph (c) and charge those
140	131		4.32costs to the food service fund in a total amount not to exceed the amount of surplus in the
141	132		4.33food service fund.
142	133		4Section 1.
143		-	REVISOR CM H0005-2HF5 ~~SECOND~~ ENGROSSMENT 5.1 Subd. 4.No fees.A participant that receives school lunch aid under this section must
	134	+	REVISOR CM H0005-1HF5 FIRST ENGROSSMENT 5.1 Subd. 4.No fees.A participant that receives school lunch aid under this section must
144	135		5.2make lunch available without charge and must not deny a school lunch to all participating
145	136		5.3students who qualify for free or reduced-price meals, whether or not that student has an
146	137		5.4outstanding balance in the student's meals account attributable to a la carte purchases or for
147	138		5.5any other reason.
148	139		5.6 Subd. 5.Respectful treatment.(a) The participant must also provide meals to students
149	140		5.7in a respectful manner according to the policy adopted under subdivision 1. The participant
150	141		5.8must ensure that any reminders for payment of outstanding student meal balances do not
151	142		5.9demean or stigmatize any child participating in the school lunch program, including but not
152	143		5.10limited to dumping meals, withdrawing a meal that has been served, announcing or listing
153	144		5.11students' names publicly, or affixing stickers, stamps, or pins. The participant must not
154	145		5.12impose any other restriction prohibited under section 123B.37 due to unpaid student meal
155	146		5.13balances. The participant must not limit a student's participation in any school activities,
156	147		5.14graduation ceremonies, field trips, athletics, activity clubs, or other extracurricular activities
157	148		5.15or access to materials, technology, or other items provided to students due to an unpaid
158	149		5.16student meal balance.
159	150		5.17 (b) If the commissioner or the commissioner's designee determines a participant has
160	151		5.18violated the requirement to provide meals to participating students in a respectful manner,
161	152		5.19the commissioner or the commissioner's designee must send a letter of noncompliance to
162	153		5.20the participant. The participant is required to respond and, if applicable, remedy the practice
163	154		5.21within 60 days.
164	155		5.22 EFFECTIVE DATE.This section is effective for meals provided on or after July 1,
165	156		5.232023.
166	157		5.24 Sec. 2. Minnesota Statutes 2022, section 124D.1158, is amended to read:
167	158		5.25 124D.1158 SCHOOL BREAKFAST PROGRAM.
168	159		5.26 Subdivision 1.Purpose; eligibility.(a) The purpose of the school breakfast program is
169	160		5.27to provide affordable morning nutrition to children so that they can effectively learn. Public
170	161		5.28and
171	162		5.29 (b) A school district, charter school, nonpublic schools that participate school, or other
172	163		5.30participant in the federal school breakfast program may receive state breakfast aid.
173	164		5.31 (c) Schools shall encourage all children to eat a nutritious breakfast, either at home or
174	165		5.32at school, and shall work to eliminate barriers to breakfast participation at school such as
175	166		5.33inadequate facilities and transportation.
176	167		5Sec. 2.
177		-	REVISOR CM H0005-2HF5 ~~SECOND~~ ENGROSSMENT 6.1 Subd. 2.Program; eligibility.Each school year, public and nonpublic schools that
	168	+	REVISOR CM H0005-1HF5 FIRST ENGROSSMENT 6.1 Subd. 2.Program; eligibility.Each school year, public and nonpublic schools that
178	169		6.2participate in the federal school breakfast program are eligible for the state breakfast program.
179	170		6.3 Subd. 3.Program reimbursement.Each school year, the state must reimburse each
180	171		6.4participating school either:
181	172		6.5 (1) 30 cents for each reduced-price breakfast, 55 cents for each fully paid breakfast
182	173		6.6served to students in grades 1 to 12, and $1.30 for each fully paid breakfast served to a
183	174		6.7prekindergarten student enrolled in an approved voluntary prekindergarten program under
184	175		6.8section 124D.151 or a kindergarten student; or
185	176		6.9 (2) if the school participates in the free school meals program under section 124D.111,
186	177		6.10subdivision 1c, state aid as provided in section 124D.111, subdivision 1d.
187	178		6.11 Subd. 4.No fees.A school that receives school breakfast aid under this section must
188	179		6.12make breakfast available without charge to all participating students in grades 1 to 12 who
189	180		6.13qualify for free or reduced-price meals and to all prekindergarten students enrolled in an
190	181		6.14approved voluntary prekindergarten program under section 124D.151 and all kindergarten
191	182		6.15students.
192		-	6.16 Sec. 3. ~~Minnesota Statutes 2022, section 126C~~.~~05, subdivision 3, is amended to read:~~
193		-	6.17 ~~Subd~~. 3.~~Compensation revenue pupil units.Compensation revenue pupil units must~~
194		-	6.~~18be computed according~~ to ~~this subdivision.~~
195		-	6.~~19 (a) The compensation revenue concentration percentage for each building in a district~~
196		-	6.~~20equals the product of 100 times the ratio of:~~
197		-	6.~~21 (1)~~ the ~~sum of~~ the ~~number of pupils enrolled in the building eligible to receive~~ free ~~lunch~~
198		-	6.~~22plus one-half of the pupils eligible to receive reduced priced lunch on October 1 of the~~
199		-	6.~~23previous fiscal year; to~~
200		-	6.24 ~~(2) the number of pupils enrolled in the building on October 1 of the previous fiscal~~
201		-	6.~~25year~~.
202		-	6.26 ~~(b) The compensation revenue pupil weighting factor for a building equals the lesser of~~
203		-	6.~~27one or the quotient obtained by dividing the building's compensation revenue concentration~~
204		-	6.~~28percentage by 80~~.0.
205		-	6.~~29 (c)~~ The ~~compensation revenue pupil units for a building equals the product of~~:
206		-	6.30 ~~(1) the sum of the number of pupils enrolled in the building eligible to receive free lunch~~
207		-	6.~~31and one-half of the pupils eligible to receive reduced priced lunch on October 1 of the~~
208		-	6.~~32previous fiscal year; times~~
	183	+	6.16 Sec. 3. APPROPRIATION; SCHOOL MEALS.
	184	+	6.17 Subdivision 1.Department of Education.The sums indicated in this section are
	185	+	6.18appropriated from the general fund to the Department of Education in the fiscal year
	186	+	6.19designated.
	187	+	6.20 Subd. 2.School lunch.For school lunch aid under Minnesota Statutes, section 124D.111,
	188	+	6.21including the amounts for the free school meals program:
	189	+	2024.....191,652,0006.22 $
	190	+	2025.....198,641,0006.23 $
	191	+	6.24 Subd. 3.School breakfast.For school breakfast aid under Minnesota Statutes, section
	192	+	6.25124D.1158:
	193	+	2024.....25,283,0006.26 $
	194	+	2025.....25,874,0006.27 $
	195	+	6.28 Subd. 4.Administrative costs.(a) For onetime and ongoing administrative costs
	196	+	6.29necessary to implement the free school meals program:
	197	+	2023.....400,0006.30 $
	198	+	2024.....06.31 $
	199	+	2025.....202,0006.32 $
209	200		6Sec. 3.
210		-	REVISOR CM H0005-2HF5 SECOND ENGROSSMENT 7.1 (2) the compensation revenue pupil weighting factor for the building; times
211		-	7.2 (3) .60.
212		-	7.3 (d) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten programs under
213		-	7.4section 124D.151, charter schools, and contracted alternative programs in the first year of
214		-	7.5operation, compensation revenue pupil units shall be computed using data for the current
215		-	7.6fiscal year. If the voluntary prekindergarten program, charter school, or contracted alternative
216		-	7.7program begins operation after October 1, compensatory revenue pupil units shall be
217		-	7.8computed based on pupils enrolled on an alternate date determined by the commissioner,
218		-	7.9and the compensation revenue pupil units shall be prorated based on the ratio of the number
219		-	7.10of days of student instruction to 170 days.
220		-	7.11 (e) Notwithstanding paragraphs (a) to (c), for voluntary prekindergarten seats discontinued
221		-	7.12in fiscal year 2024 due to the reduction in the participation limit under section 124D.151,
222		-	7.13subdivision 6, those discontinued seats must not be used to calculate compensation revenue
223		-	7.14pupil units for fiscal year 2024.
224		-	7.15 (f) The percentages in this subdivision must be based on the count of individual pupils
225		-	7.16and not on a building average or minimum.
226		-	7.17 (g) Notwithstanding paragraphs (a) to (f), for revenue in fiscal year 2025 only, the
227		-	7.18compensation revenue pupil units for each building in a district equals the greater of the
228		-	7.19building's actual compensation revenue pupil units computed according to paragraphs (a)
229		-	7.20to (f) for revenue in fiscal year 2025, or the building's actual compensation revenue pupil
230		-	7.21units computed according to paragraphs (a) to (f) for revenue in fiscal year 2024.
231		-	7.22 Sec. 4. APPROPRIATION; SCHOOL MEALS.
232		-	7.23 Subdivision 1.Department of Education.The sums indicated in this section are
233		-	7.24appropriated from the general fund to the Department of Education in the fiscal year
234		-	7.25designated.
235		-	7.26 Subd. 2.School lunch.For school lunch aid under Minnesota Statutes, section 124D.111,
236		-	7.27including the amounts for the free school meals program:
237		-	2024.....190,863,0007.28 $
238		-	2025.....197,902,0007.29 $
239		-	7.30 Subd. 3.School breakfast.For school breakfast aid under Minnesota Statutes, section
240		-	7.31124D.1158:
241		-	7Sec. 4.
242		-	REVISOR CM H0005-2HF5 SECOND ENGROSSMENT 2024.....25,731,0008.1 $
243		-	2025.....26,538,0008.2 $
244		-	8.3 Subd. 4.Administrative costs.(a) For onetime and ongoing administrative costs
245		-	8.4necessary to implement the free school meals program:
246		-	2023.....400,0008.5 $
247		-	2024.....08.6 $
248		-	2025.....202,0008.7 $
249		-	8.8 (b) The fiscal year 2023 appropriation does not cancel but is available until June 30,
250		-	8.92025.
251		-	8.10 (c) The base for fiscal year 2026 and later is $202,000.
252		-	8.11 Subd. 5.Additional general education aid.(a) For additional general education aid
253		-	8.12under Minnesota Statutes, section 126C.13, subdivision 4, for compensatory revenue under
254		-	8.13section 3:
255		-	2025.....5,434,0008.14 $
256		-	8.15 (b) The aid for fiscal year 2026 is $604,000. The base for fiscal year 2027 and later is
257		-	8.16$0.
258		-	8.17 EFFECTIVE DATE.This section is effective the day following final enactment.
259		-	8Sec. 4.
260		-	REVISOR CM H0005-2HF5 SECOND ENGROSSMENT
	201	+	REVISOR CM H0005-1HF5 FIRST ENGROSSMENT 7.1 (b) The fiscal year 2023 appropriation does not cancel but is available until June 30,
	202	+	7.22025.
	203	+	7.3 (c) The base for fiscal year 2026 and later is $202,000.
	204	+	7.4 EFFECTIVE DATE.This section is effective the day following final enactment.
	205	+	7Sec. 3.
	206	+	REVISOR CM H0005-1HF5 FIRST ENGROSSMENT