| 29 | | - | Introduction and first reading12601/10/2023 |
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| 30 | | - | Referred to Education Policy |
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| 31 | | - | Author stricken Hauschild30901/19/2023 |
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| 32 | | - | Author added Duckworth309 |
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| 33 | | - | Comm report: To pass and re-referred to Education Finance31801/23/2023 |
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| 34 | | - | Comm report: To pass as amended and re-refer to Finance01/27/2023 2.1 (e) The policy must ensure that a student who has been determined eligible for free and |
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| 35 | | - | 2.2reduced-price lunch must always be served a reimbursable meal even if the student has an |
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| 36 | | - | 2.3outstanding debt. |
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| 37 | | - | 2.4 (f) If a school contracts with a third party for its meal services, it must provide the vendor |
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| 38 | | - | 2.5with its school meals policy. Any contract between the school and a third-party provider |
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| 39 | | - | 2.6entered into or modified after July 1, 2021, must ensure that the third-party provider adheres |
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| 40 | | - | 2.7to the participant's school meals policy. |
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| 41 | | - | 2.8 Subd. 1a.School lunch aid amounts.Each school year, the state must pay participants |
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| 42 | | - | 2.9in the national school lunch program either: |
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| 43 | | - | 2.10 (1) the amount of 12.5 cents for each full paid and free student lunch and 52.5 cents for |
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| 44 | | - | 2.11each reduced-price lunch served to students; or |
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| 45 | | - | 2.12 (2) if the school participates in the free school meals program under subdivision 1c, the |
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| 46 | | - | 2.13amount specified in subdivision 1d. |
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| 47 | | - | 2.14 Subd. 1b.Application.A school district, charter school, nonpublic school, or other |
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| 48 | | - | 2.15participant in the national school lunch program must apply to the department for school |
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| 49 | | - | 2.16meals payments in the manner provided by the department. |
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| 50 | | - | 2.17 Subd. 1c.Free school meals program.(a) The free school meals program is created |
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| 51 | | - | 2.18within the Department of Education. |
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| 52 | | - | 2.19 (b) Each school that participates in the United States Department of Agriculture National |
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| 53 | | - | 2.20School Lunch program and has an identified student percentage below the federal percentage |
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| 54 | | - | 2.21determined for all meals to be reimbursed at the free rate via the Community Eligibility |
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| 55 | | - | 2.22Provision must participate in the free school meals program. |
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| 56 | | - | 2.23 (c) Each school that participates in the United States Department of Agriculture National |
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| 57 | | - | 2.24School Lunch program and has an identified student percentage at or above the federal |
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| 58 | | - | 2.25percentage determined for all meals to be reimbursed at the free rate must participate in the |
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| 59 | | - | 2.26federal Community Eligibility Provision in order to participate in the free school meals |
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| 60 | | - | 2.27program. |
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| 61 | | - | 2.28 (d) Each school that participates in the free school meals program must: |
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| 62 | | - | 2.29 (1) participate in the United States Department of Agriculture School Breakfast Program |
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| 63 | | - | 2.30and the United States Department of Agriculture National School Lunch Program; and |
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| 64 | | - | 2.31 (2) provide to all students at no cost up to two federally reimbursable meals per school |
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| 65 | | - | 2.32day, with a maximum of one free breakfast and one free lunch. |
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| 66 | | - | 2Section 1. |
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| 67 | | - | S0123-1 1st EngrossmentSF123 REVISOR CM 3.1 Subd. 1d.Free school meals program aid amount.The department must provide to |
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| 68 | | - | 3.2every Minnesota school participating in the free school meals program state funding for |
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| 69 | | - | 3.3each school lunch and breakfast served to a student, with a maximum of one breakfast and |
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| 70 | | - | 3.4one lunch per student per school day. The state aid equals the difference between the |
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| 71 | | - | 3.5applicable federal reimbursement rate at that school site for a free meal, as determined |
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| 72 | | - | 3.6annually by the United States Department of Agriculture, and the actual federal |
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| 73 | | - | 3.7reimbursement received by the participating school for the breakfast or lunch served to the |
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| 74 | | - | 3.8student. |
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| 75 | | - | 3.9 Subd. 2.Application.A school district, charter school, nonpublic school, or other |
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| 76 | | - | 3.10participant in the national school lunch program shall apply to the department for this |
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| 77 | | - | 3.11payment on forms provided by the department. |
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| 78 | | - | 3.12 Subd. 2a.Federal child and adult care food program; criteria and notice.The |
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| 79 | | - | 3.13commissioner must post on the department's website eligibility criteria and application |
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| 80 | | - | 3.14information for nonprofit organizations interested in applying to the commissioner for |
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| 81 | | - | 3.15approval as a multisite sponsoring organization under the federal child and adult care food |
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| 82 | | - | 3.16program. The posted criteria and information must inform interested nonprofit organizations |
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| 83 | | - | 3.17about: |
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| 84 | | - | 3.18 (1) the criteria the commissioner uses to approve or disapprove an application, including |
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| 85 | | - | 3.19how an applicant demonstrates financial viability for the Minnesota program, among other |
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| 86 | | - | 3.20criteria; |
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| 87 | | - | 3.21 (2) the commissioner's process and time line for notifying an applicant when its |
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| 88 | | - | 3.22application is approved or disapproved and, if the application is disapproved, the explanation |
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| 89 | | - | 3.23the commissioner provides to the applicant; and |
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| 90 | | - | 3.24 (3) any appeal or other recourse available to a disapproved applicant. |
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| 91 | | - | 3.25 Subd. 3.School food service fund.(a) The expenses described in this subdivision must |
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| 92 | | - | 3.26be recorded as provided in this subdivision. |
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| 93 | | - | 3.27 (b) In each district, the expenses for a school food service program for pupils must be |
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| 94 | | - | 3.28attributed to a school food service fund. Under a food service program, the school food |
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| 95 | | - | 3.29service may prepare or serve milk, meals, or snacks in connection with school or community |
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| 96 | | - | 3.30service activities. |
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| 97 | | - | 3.31 (c) Revenues and expenditures for food service activities must be recorded in the food |
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| 98 | | - | 3.32service fund. The costs of processing applications, accounting for meals, preparing and |
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| 99 | | - | 3.33serving food, providing kitchen custodial services, and other expenses involving the preparing |
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| 100 | | - | 3Section 1. |
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| 101 | | - | S0123-1 1st EngrossmentSF123 REVISOR CM 4.1of meals or the kitchen section of the lunchroom may be charged to the food service fund |
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| 102 | | - | 4.2or to the general fund of the district. The costs of lunchroom supervision, lunchroom custodial |
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| 103 | | - | 4.3services, lunchroom utilities, and other administrative costs of the food service program |
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| 104 | | - | 4.4must be charged to the general fund. |
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| 105 | | - | 4.5 That portion of superintendent and fiscal manager costs that can be documented as |
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| 106 | | - | 4.6attributable to the food service program may be charged to the food service fund provided |
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| 107 | | - | 4.7that the school district does not employ or contract with a food service director or other |
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| 108 | | - | 4.8individual who manages the food service program, or food service management company. |
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| 109 | | - | 4.9If the cost of the superintendent or fiscal manager is charged to the food service fund, the |
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| 110 | | - | 4.10charge must be at a wage rate not to exceed the statewide average for food service directors |
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| 111 | | - | 4.11as determined by the department. |
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| 112 | | - | 4.12 (d) Capital expenditures for the purchase of food service equipment must be made from |
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| 113 | | - | 4.13the general fund and not the food service fund, unless the restricted balance in the food |
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| 114 | | - | 4.14service fund at the end of the last fiscal year is greater than the cost of the equipment to be |
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| 115 | | - | 4.15purchased. |
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| 116 | | - | 4.16 (e) If the condition set out in paragraph (d) applies, the equipment may be purchased |
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| 117 | | - | 4.17from the food service fund. |
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| 118 | | - | 4.18 (f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit |
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| 119 | | - | 4.19is not eliminated by revenues from food service operations in the next fiscal year, then the |
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| 120 | | - | 4.20deficit must be eliminated by a permanent fund transfer from the general fund at the end of |
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| 121 | | - | 4.21that second fiscal year. However, if a district contracts with a food service management |
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| 122 | | - | 4.22company during the period in which the deficit has accrued, the deficit must be eliminated |
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| 123 | | - | 4.23by a payment from the food service management company. |
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| 124 | | - | 4.24 (g) Notwithstanding paragraph (f), a district may incur a deficit in the food service fund |
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| 125 | | - | 4.25for up to three years without making the permanent transfer if the district submits to the |
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| 126 | | - | 4.26commissioner by January 1 of the second fiscal year a plan for eliminating that deficit at |
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| 127 | | - | 4.27the end of the third fiscal year. |
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| 128 | | - | 4.28 (h) If a surplus in the food service fund exists at the end of a fiscal year for three |
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| 129 | | - | 4.29successive years, a district may recode for that fiscal year the costs of lunchroom supervision, |
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| 130 | | - | 4.30lunchroom custodial services, lunchroom utilities, and other administrative costs of the food |
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| 131 | | - | 4.31service program charged to the general fund according to paragraph (c) and charge those |
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| 132 | | - | 4.32costs to the food service fund in a total amount not to exceed the amount of surplus in the |
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| 133 | | - | 4.33food service fund. |
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| 134 | | - | 4Section 1. |
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| 135 | | - | S0123-1 1st EngrossmentSF123 REVISOR CM 5.1 Subd. 4.No fees.A participant that receives school lunch aid under this section must |
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| 136 | | - | 5.2make lunch available without charge and must not deny a school lunch to all participating |
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| 137 | | - | 5.3students who qualify for free or reduced-price meals, whether or not that student has an |
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| 138 | | - | 5.4outstanding balance in the student's meals account attributable to a la carte purchases or for |
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| 139 | | - | 5.5any other reason. |
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| 140 | | - | 5.6 Subd. 5.Respectful treatment.(a) The participant must also provide meals to students |
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| 141 | | - | 5.7in a respectful manner according to the policy adopted under subdivision 1. The participant |
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| 142 | | - | 5.8must ensure that any reminders for payment of outstanding student meal balances do not |
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| 143 | | - | 5.9demean or stigmatize any child participating in the school lunch program, including but not |
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| 144 | | - | 5.10limited to dumping meals, withdrawing a meal that has been served, announcing or listing |
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| 145 | | - | 5.11students' names publicly, or affixing stickers, stamps, or pins. The participant must not |
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| 146 | | - | 5.12impose any other restriction prohibited under section 123B.37 due to unpaid student meal |
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| 147 | | - | 5.13balances. The participant must not limit a student's participation in any school activities, |
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| 148 | | - | 5.14graduation ceremonies, field trips, athletics, activity clubs, or other extracurricular activities |
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| 149 | | - | 5.15or access to materials, technology, or other items provided to students due to an unpaid |
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| 150 | | - | 5.16student meal balance. |
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| 151 | | - | 5.17 (b) If the commissioner or the commissioner's designee determines a participant has |
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| 152 | | - | 5.18violated the requirement to provide meals to participating students in a respectful manner, |
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| 153 | | - | 5.19the commissioner or the commissioner's designee must send a letter of noncompliance to |
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| 154 | | - | 5.20the participant. The participant is required to respond and, if applicable, remedy the practice |
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| 155 | | - | 5.21within 60 days. |
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| 156 | | - | 5.22 EFFECTIVE DATE.This section is effective for meals provided on or after July 1, |
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| 157 | | - | 5.232023. |
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| 158 | | - | 5.24 Sec. 2. Minnesota Statutes 2022, section 124D.1158, is amended to read: |
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| 159 | | - | 5.25 124D.1158 SCHOOL BREAKFAST PROGRAM. |
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| 160 | | - | 5.26 Subdivision 1.Purpose; eligibility.(a) The purpose of the school breakfast program is |
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| 161 | | - | 5.27to provide affordable morning nutrition to children so that they can effectively learn. Public |
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| 162 | | - | 5.28and |
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| 163 | | - | 5.29 (b) A school district, charter school, nonpublic schools that participate school, or other |
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| 164 | | - | 5.30participant in the federal school breakfast program may receive state breakfast aid. |
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| 165 | | - | 5.31 (c) Schools shall encourage all children to eat a nutritious breakfast, either at home or |
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| 166 | | - | 5.32at school, and shall work to eliminate barriers to breakfast participation at school such as |
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| 167 | | - | 5.33inadequate facilities and transportation. |
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| 168 | | - | 5Sec. 2. |
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| 169 | | - | S0123-1 1st EngrossmentSF123 REVISOR CM 6.1 Subd. 2.Program; eligibility.Each school year, public and nonpublic schools that |
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| 170 | | - | 6.2participate in the federal school breakfast program are eligible for the state breakfast program. |
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| 171 | | - | 6.3 Subd. 3.Program reimbursement.Each school year, the state must reimburse each |
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| 172 | | - | 6.4participating school either: |
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| 173 | | - | 6.5 (1) 30 cents for each reduced-price breakfast, 55 cents for each fully paid breakfast |
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| 174 | | - | 6.6served to students in grades 1 to 12, and $1.30 for each fully paid breakfast served to a |
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| 175 | | - | 6.7prekindergarten student enrolled in an approved voluntary prekindergarten program under |
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| 176 | | - | 6.8section 124D.151 or a kindergarten student; or |
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| 177 | | - | 6.9 (2) if the school participates in the free school meals program under section 124D.111, |
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| 178 | | - | 6.10subdivision 1c, state aid as provided in section 124D.111, subdivision 1d. |
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| 179 | | - | 6.11 Subd. 4.No fees.A school that receives school breakfast aid under this section must |
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| 180 | | - | 6.12make breakfast available without charge to all participating students in grades 1 to 12 who |
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| 181 | | - | 6.13qualify for free or reduced-price meals and to all prekindergarten students enrolled in an |
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| 182 | | - | 6.14approved voluntary prekindergarten program under section 124D.151 and all kindergarten |
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| 183 | | - | 6.15students. |
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| 184 | | - | 6.16 Sec. 3. APPROPRIATION; SCHOOL MEALS. |
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| 185 | | - | 6.17 Subdivision 1.Department of Education.The sums indicated in this section are |
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| 186 | | - | 6.18appropriated from the general fund to the Department of Education in the fiscal year |
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| 187 | | - | 6.19designated. |
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| 188 | | - | 6.20 Subd. 2.School lunch.For school lunch aid under Minnesota Statutes, section 124D.111, |
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| 189 | | - | 6.21including the amounts for the free school meals program: |
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| 190 | | - | 2024.....191,652,0006.22 $ |
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| 191 | | - | 2025.....198,641,0006.23 $ |
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| 192 | | - | 6.24 Subd. 3.School breakfast.For school breakfast aid under Minnesota Statutes, section |
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| 193 | | - | 6.25124D.1158: |
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| 194 | | - | 2024.....25,283,0006.26 $ |
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| 195 | | - | 2025.....25,874,0006.27 $ |
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| 196 | | - | 6.28 Subd. 4.Administrative costs.(a) For onetime and ongoing administrative costs |
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| 197 | | - | 6.29necessary to implement the free school meals program: |
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| 198 | | - | 6Sec. 3. |
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| 199 | | - | S0123-1 1st EngrossmentSF123 REVISOR CM 2023.....400,0007.1 $ |
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| 200 | | - | 2024.....07.2 $ |
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| 201 | | - | 2025.....202,0007.3 $ |
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| 202 | | - | 7.4 (b) The fiscal year 2023 appropriation does not cancel but is available until June 30, |
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| 203 | | - | 7.52025. |
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| 204 | | - | 7.6 (c) The base for fiscal year 2026 and later is $202,000. |
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| 205 | | - | 7.7 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 206 | | - | 7Sec. 3. |
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| 207 | | - | S0123-1 1st EngrossmentSF123 REVISOR CM |
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| 30 | + | Introduction and first reading01/10/2023 |
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| 31 | + | Referred to Education Policy 2.1has an outstanding balance in the student's meals account attributable to a la carte purchases |
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| 32 | + | 2.2or for any other reason. |
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| 33 | + | 2.3 Sec. 3. Minnesota Statutes 2022, section 124D.1158, subdivision 1, is amended to read: |
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| 34 | + | 2.4 Subdivision 1.Purpose.The purpose of the school breakfast program is to provide |
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| 35 | + | 2.5affordable morning nutrition to children so that they can effectively learn. Any Minnesota |
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| 36 | + | 2.6school that participates in the United States Department of Agriculture School Breakfast |
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| 37 | + | 2.7Program must provide, at no cost, a federally reimbursable breakfast to all enrolled students |
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| 38 | + | 2.8each school day. Public and nonpublic schools that participate in the federal school breakfast |
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| 39 | + | 2.9program may receive state breakfast aid. Schools shall encourage all children to eat a |
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| 40 | + | 2.10nutritious breakfast, either at home or at school, and shall work to eliminate barriers to |
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| 41 | + | 2.11breakfast participation at school such as inadequate facilities and transportation. |
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| 42 | + | 2.12 Sec. 4. Minnesota Statutes 2022, section 124D.1158, subdivision 3, is amended to read: |
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| 43 | + | 2.13 Subd. 3.Program reimbursement.Each school year, the state must reimburse each |
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| 44 | + | 2.14participating school 30 cents for each reduced-price breakfast, 55 cents for each fully paid |
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| 45 | + | 2.15breakfast served to students in grades 1 to 12, and $1.30 for each fully paid breakfast served |
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| 46 | + | 2.16to a prekindergarten student enrolled in an approved voluntary prekindergarten program |
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| 47 | + | 2.17under section 124D.151 or a kindergarten student. The department must provide to every |
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| 48 | + | 2.18Minnesota school participating in the federal School Breakfast Program funding equal to |
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| 49 | + | 2.19the difference between the federal reimbursement and the average cost of a school breakfast |
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| 50 | + | 2.20as annually defined by the United States Department of Agriculture. |
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| 51 | + | 2.21 Sec. 5. Minnesota Statutes 2022, section 124D.1158, subdivision 4, is amended to read: |
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| 52 | + | 2.22 Subd. 4.No fees.A school that receives school breakfast aid under this section must |
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| 53 | + | 2.23make breakfast available without charge to all participating students in grades 1 to 12 who |
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| 54 | + | 2.24qualify for free or reduced-price meals and to all prekindergarten students enrolled in an |
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| 55 | + | 2.25approved voluntary prekindergarten program under section 124D.151, early childhood |
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| 56 | + | 2.26special education students participating in a program authorized under section 124D.151, |
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| 57 | + | 2.27and all kindergarten students. |
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| 58 | + | 2Sec. 5. |
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| 59 | + | 23-00073 as introduced12/28/22 REVISOR CM/NS |
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