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North Carolina House Bill H774

North Carolina 2025-2026 Regular Session

North Carolina House Bill H774 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 774
3+H D
4+HOUSE BILL DRH10364-NHa-151
5+
56
67
78 Short Title: School Breakfast for All. (Public)
8-Sponsors: Representatives Biggs, Lambeth, Pickett, and Cotham (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Education - K-12, if favorable, Appropriations, if favorable, Rules, Calendar, and
11-Operations of the House
12-April 7, 2025
13-*H774 -v-1*
9+Sponsors: Representative Biggs.
10+Referred to:
11+
12+*DRH10364 -NHa-151*
1413 A BILL TO BE ENTITLED 1
1514 AN ACT TO PROVIDE BREAKFAST TO PUBLIC SCHOOL STUDENTS AT NO COST TO 2
1615 THE STUDENTS AND TO ESTABLISH THE FARM -TO-TABLE INITIATIVE. 3
1716 Whereas, one in five kids goes hungry every day in North Carolina, putting them at 4
1817 risk of poor health and educational outcomes; and 5
1918 Whereas, hunger negatively impacts a child's ability to learn, concentrate, and 6
2019 perform well in school; and 7
2120 Whereas, research shows that students who eat a nutritious breakfast demonstrate 8
2221 higher academic achievement, improved behavior, and increased school attendance; and 9
2322 Whereas, the economic benefits of school breakfast at no cost to the student and 10
2423 family include reduced absenteeism, lower healthcare costs, and long-term workforce 11
2524 productivity; and 12
2625 Whereas, North Carolina is home to a rich agricultural industry, and sourcing locally 13
2726 grown fruits, vegetables, dairy, and proteins for school meals stimulates economic growth in 14
2827 rural communities; and 15
2928 Whereas, partnerships between schools, farmers, and food distributors create new 16
3029 market opportunities for North Carolina's agricultural sector while ensuring students receive 17
3130 nutritious meals; and 18
3231 Whereas, funding and policy support within School Breakfast for All legislation 19
3332 would align with North Carolina's goals for economic sustainability, public health, and student 20
3433 success; Now, therefore, 21
3534 The General Assembly of North Carolina enacts: 22
3635 SECTION 1.(a) G.S. 115C-263(a) reads as rewritten: 23
3736 "(a) As a part of the function of the public school system, local boards of education public 24
3837 school units shall have a school food authority to provide to the extent practicable school nutrition 25
3938 services in the schools under their jurisdiction. The school food authority shall provide breakfast 26
4039 service at no cost to students in accordance with G.S. 115C-263.5 and may offer other nutrition 27
4140 services to the extent practicable. All school nutrition services made available under this authority 28
4241 shall be provided in accordance with federal guidelines established by the Food and Nutrition 29
4342 Service of the United States Department of Agriculture." 30
4443 SECTION 1.(b) Part 2 of Article 17 of Chapter 115C of the General Statutes is 31
4544 amended by adding a new section to read: 32
46-"§ 115C-263.5. Universal breakfast program. 33 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 774-First Edition
48-(a) To the extent funds are made available for the purpose, the Department of Public 1
49-Instruction shall allocate sufficient funds to public schools to provide breakfast at no cost to 2
50-students attending the school in prekindergarten through grade 12 who elect to receive breakfast. 3
51-State and federal reimbursements for the universal breakfast program shall not exceed one 4
52-hundred percent (100%) of the federal free rate of meals served. These funds shall supplement 5
53-and not supplant any federal funds provided for the same purposes. 6
54-(b) Schools are encouraged to implement innovative breakfast service models, including 7
55-breakfast in the classroom, grab-and-go breakfast, and second chance breakfast. 8
56-(c) No later than February 15 of each year that funds are made available for purposes of 9
57-this section, the Department of Public Instruction shall report to the Joint Legislative Education 10
58-Oversight Committee, at a minimum, on participation rates, costs, and program effectiveness as 11
59-measured by impact on student health, academic performance, and overall school participation." 12
60-SECTION 1.(c) G.S. 115C-264 reads as rewritten: 13
61-"§ 115C-264. Operation. 14
62-(a) Local boards of education operating school nutrition programs shall participate in the 15
63-federal School Breakfast Program, National School Lunch Program established by the federal 16
64-government. and, if eligible, the Community Eligibility Provision Program. School nutrition 17
65-programs shall be under the jurisdiction of the Division of School Nutrition of the Department 18
66-of Public Instruction. 19
67-… 20
68-(c) All school nutrition services shall be operated on a nonprofit basis, and any earnings 21
69-therefrom over and above the cost of operation as defined herein shall be used to reduce the cost 22
70-of food, to serve more nutritious food, or to provide free or reduced-price meals to economically 23
71-disadvantaged children and for no other purpose. The term "cost of operation" means the actual 24
72-cost incurred in the purchase and preparation of food, the salaries of all personnel directly 25
73-engaged in providing nutrition services, and the cost of nonfood supplies as outlined under 26
74-standards adopted by the State Board of Education. "Personnel" means school nutrition 27
75-supervisors or directors, bookkeepers or other staff directly engaged in nutrition services record 28
76-keeping, and those persons directly involved in preparing and serving food. School nutrition 29
77-personnel shall be paid from the funds of the school nutrition program only for services rendered 30
78-on behalf of the school nutrition program. Any cost incurred in the provisions and maintenance 31
79-of school nutrition services over and beyond the cost of operation shall be included in the budget 32
80-request filed annually by local boards of education with boards of county commissioners. Local 33
81-boards of education are not required to comply with G.S. 115C-522(a) in the purchase of supplies 34
82-and food for such school nutrition services. 35
83-…." 36
84-SECTION 1.(d) Part 2 of Article 17 of Chapter 115C of the General Statutes is 37
85-amended by adding a new section to read: 38
86-"§ 115C-264.6. Farm-to-table initiative. 39
87-(a) The Department of Public Instruction shall develop a farm-to-table initiative to 40
88-incorporate locally sourced and fresh ingredients into the universal breakfast program under 41
89-G.S. 115C-263.5. 42
90-(b) Schools shall be encouraged to partner with local farmers and food producers to 43
91-procure fresh, seasonal, and nutritional food options. 44
92-(c) The initiative shall provide education opportunities for students to learn about 45
93-agriculture, nutrition, and sustainable food systems." 46
94-SECTION 2.(a) G.S. 115C-150.14 is amended by adding a new subsection to read: 47
95-"(a1) A school governed by this Article shall provide school nutrition services in 48
96-accordance with Part 2 of Article 17 of this Chapter." 49
97-SECTION 2.(b) G.S. 115C-218.75 is amended by adding a new subsection to read: 50 General Assembly Of North Carolina Session 2025
98-House Bill 774-First Edition Page 3
99-"(p) A charter school shall provide school nutrition services in accordance with Part 2 of 1
100-Article 17 of this Chapter." 2
101-SECTION 2.(c) G.S. 115C-238.72(b) reads as rewritten: 3
102-"(b) Food Nutrition Service. – The local school administrative unit identified by resolution 4
103-shall provide, to the extent practicable, school food provide school nutrition services to the 5
104-regional school. school in accordance with Part 2 of Article 17 of this Chapter. For purposes of 6
105-federal funding through the National School Lunch Program or other federally supported food 7
106-nutrition service programs, the local school administrative unit identified by resolution shall be 8
107-permitted to include eligible students enrolled in the regional school. Other participating units 9
108-shall not include students enrolled in the regional school for purposes of federally supported food 10
109-nutrition service programs." 11
110-SECTION 2.(d) G.S. 116-239.8(b)(4)c. reads as rewritten: 12
111-"c. Food Nutrition services. – The laboratory school shall strive to ensure 13
112-that one hundred percent (100%) muscadine grape juice is made 14
113-available to students as a part of the school's nutrition program or 15
114-through the operation of the school's vending facilities. Laboratory 16
115-schools shall provide school nutrition services in accordance with Part 17
116-2 of Article 17 of Chapter 115C of the General Statutes. Upon request, 18
117-the local school administrative unit in which the laboratory school is 19
118-located shall administer the National School Lunch Program for the 20
119-laboratory school in accordance with G.S. 115C-264.school." 21
120-SECTION 3. There is appropriated from the General Fund to the Department of 22
121-Public Instruction the sum of thirty-nine million dollars ($39,000,000) in recurring funds for the 23
122-2025-2026 fiscal year, thirty-four million dollars ($34,000,000) of which shall be allocated to 24
123-public school units to provide a universal breakfast program as required under G.S. 115C-263.5, 25
124-as enacted by this act, and five million dollars ($5,000,000) of which shall be allocated to public 26
125-school units to support farm-to-table initiatives pursuant to G.S. 115C-264.6, as enacted by this 27
126-act. 28
127-SECTION 4. This act becomes effective July 1, 2025, and applies beginning with 29
128-the 2025-2026 school year. 30
45+"§ 115C-263.5. Universal breakfast program. 33
46+(a) To the extent funds are made available for the purpose, the Department of Public 34
47+Instruction shall allocate sufficient funds to public schools to provide breakfast at no cost to 35
48+students attending the school in prekindergarten through grade 12 who elect to receive breakfast. 36
49+H.B. 774
50+Apr 3, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH10364-NHa-151
53+State and federal reimbursements for the universal breakfast program shall not exceed one 1
54+hundred percent (100%) of the federal free rate of meals served. These funds shall supplement 2
55+and not supplant any federal funds provided for the same purposes. 3
56+(b) Schools are encouraged to implement innovative breakfast service models, including 4
57+breakfast in the classroom, grab-and-go breakfast, and second chance breakfast. 5
58+(c) No later than February 15 of each year that funds are made available for purposes of 6
59+this section, the Department of Public Instruction shall report to the Joint Legislative Education 7
60+Oversight Committee, at a minimum, on participation rates, costs, and program effectiveness as 8
61+measured by impact on student health, academic performance, and overall school participation." 9
62+SECTION 1.(c) G.S. 115C-264 reads as rewritten: 10
63+"§ 115C-264. Operation. 11
64+(a) Local boards of education operating school nutrition programs shall participate in the 12
65+federal School Breakfast Program, National School Lunch Program established by the federal 13
66+government. and, if eligible, the Community Eligibility Provision Program. School nutrition 14
67+programs shall be under the jurisdiction of the Division of School Nutrition of the Department 15
68+of Public Instruction. 16
69+… 17
70+(c) All school nutrition services shall be operated on a nonprofit basis, and any earnings 18
71+therefrom over and above the cost of operation as defined herein shall be used to reduce the cost 19
72+of food, to serve more nutritious food, or to provide free or reduced-price meals to economically 20
73+disadvantaged children and for no other purpose. The term "cost of operation" means the actual 21
74+cost incurred in the purchase and preparation of food, the salaries of all personnel directly 22
75+engaged in providing nutrition services, and the cost of nonfood supplies as outlined under 23
76+standards adopted by the State Board of Education. "Personnel" means school nutrition 24
77+supervisors or directors, bookkeepers or other staff directly engaged in nutrition services record 25
78+keeping, and those persons directly involved in preparing and serving food. School nutrition 26
79+personnel shall be paid from the funds of the school nutrition program only for services rendered 27
80+on behalf of the school nutrition program. Any cost incurred in the provisions and maintenance 28
81+of school nutrition services over and beyond the cost of operation shall be included in the budget 29
82+request filed annually by local boards of education with boards of county commissioners. Local 30
83+boards of education are not required to comply with G.S. 115C-522(a) in the purchase of supplies 31
84+and food for such school nutrition services. 32
85+…." 33
86+SECTION 1.(d) Part 2 of Article 17 of Chapter 115C of the General Statutes is 34
87+amended by adding a new section to read: 35
88+"§ 115C-264.6. Farm-to-table initiative. 36
89+(a) The Department of Public Instruction shall develop a farm-to-table initiative to 37
90+incorporate locally sourced and fresh ingredients into the universal breakfast program under 38
91+G.S. 115C-263.5. 39
92+(b) Schools shall be encouraged to partner with local farmers and food producers to 40
93+procure fresh, seasonal, and nutritional food options. 41
94+(c) The initiative shall provide education opportunities for students to learn about 42
95+agriculture, nutrition, and sustainable food systems." 43
96+SECTION 2.(a) G.S. 115C-150.14 is amended by adding a new subsection to read: 44
97+"(a1) A school governed by this Article shall provide school nutrition services in 45
98+accordance with Part 2 of Article 17 of this Chapter." 46
99+SECTION 2.(b) G.S. 115C-218.75 is amended by adding a new subsection to read: 47
100+"(p) A charter school shall provide school nutrition services in accordance with Part 2 of 48
101+Article 17 of this Chapter." 49
102+SECTION 2.(c) G.S. 115C-238.72(b) reads as rewritten: 50 General Assembly Of North Carolina Session 2025
103+DRH10364-NHa-151 Page 3
104+"(b) Food Nutrition Service. – The local school administrative unit identified by resolution 1
105+shall provide, to the extent practicable, school food provide school nutrition services to the 2
106+regional school. school in accordance with Part 2 of Article 17 of this Chapter. For purposes of 3
107+federal funding through the National School Lunch Program or other federally supported food 4
108+nutrition service programs, the local school administrative unit identified by resolution shall be 5
109+permitted to include eligible students enrolled in the regional school. Other participating units 6
110+shall not include students enrolled in the regional school for purposes of federally supported food 7
111+nutrition service programs." 8
112+SECTION 2.(d) G.S. 116-239.8(b)(4)c. reads as rewritten: 9
113+"c. Food Nutrition services. – The laboratory school shall strive to ensure 10
114+that one hundred percent (100%) muscadine grape juice is made 11
115+available to students as a part of the school's nutrition program or 12
116+through the operation of the school's vending facilities. Laboratory 13
117+schools shall provide school nutrition services in accordance with Part 14
118+2 of Article 17 of Chapter 115C of the General Statutes. Upon request, 15
119+the local school administrative unit in which the laboratory school is 16
120+located shall administer the National School Lunch Program for the 17
121+laboratory school in accordance with G.S. 115C-264.school." 18
122+SECTION 3. There is appropriated from the General Fund to the Department of 19
123+Public Instruction the sum of thirty-nine million dollars ($39,000,000) in recurring funds for the 20
124+2025-2026 fiscal year, thirty-four million dollars ($34,000,000) of which shall be allocated to 21
125+public school units to provide a universal breakfast program as required under G.S. 115C-263.5, 22
126+as enacted by this act, and five million dollars ($5,000,000) of which shall be allocated to public 23
127+school units to support farm-to-table initiatives pursuant to G.S. 115C-264.6, as enacted by this 24
128+act. 25
129+SECTION 4. This act becomes effective July 1, 2025, and applies beginning with 26
130+the 2025-2026 school year. 27