25.1123.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Hager, Brown, Christy, Holle, Longmuir, Mitskog, Novak, Schreiber-Beck,
Schneider
Senators Hogan, Marcellais
A BILL for an Act to amend and reenact sections 15.1-07-38 and 21-10-13 of the North Dakota
Century Code, relating to school meal funding for all students in public and nonpublic schools
and the legacy earnings fund; and to provide an appropriation.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 15.1-07-38 of the North Dakota Century Code is
amended and reenacted as follows:
15.1-07-38. School districtsSchools and nonpublic schools - Policy - School meals at
no cost to students.
A school district participating in the Richard B. Russell National School Lunch Act
[42 U.S.C. 1751 et seq.] shall adopt a school meals policy and publish the policy on the school
district's website. A school meals policy must ensure:
1.A school may not deny a United States department of agriculture reimbursable meal to
a student who requests one, unless the student's parent or guardian has provided
written permission to the school to withhold a meal. A school may not serve an
alternative meal to a student with an unpaid student meal balance or without funds to
pay for a meal. This provision does not apply to an a la carte food item or second meal
requested by a student during the same meal period.
2.A school may not dispose of or take away from a child any food that already has been
served to the child on account of the child having an unpaid student meal balance or
lacking the funds to pay for a meal.
3.A school may not identify or stigmatize a student as receiving a free, reduced-price, or
full-price meal, or a meal for which the child lacks funds to pay, including the use of
Page No. 1 25.1123.02000
HOUSE BILL NO. 1553
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 Sixty-ninth
Legislative Assembly
tokens, stickers, stamps, or by placing the child's name on a published list of persons
with student meal debt.
4.A school may not limit a student's participation in any school activities, graduation
ceremonies, field trips, athletics, activity clubs, or other extracurricular activities or
access to materials, technology, or other items provided to students due to an unpaid
student meal balance.
5.A school may not require a student to provide services or perform work, including
cleaning duties or chores, to pay for school meals debt.
6.A school may contact a student's parent or guardian directly regarding unpaid meals
debt or a school meals account without funds to pay for additional meals. A school
may require a child deliver a sealed letter addressed to the child's parent or guardian
containing a written communication regarding the unpaid school meal debt. The letter
may not be distributed to the child in a manner that stigmatizes the child.
7.or nonpublic school shall offer breakfast and lunch to all students at no cost.
2.A school shall adopt policies to encourage or provide an incentive for a parent or
guardian of a student to apply for free or reduced meals through the Richard B.
Russell National School Lunch Act [42 U.S.C. 1751 et seq.], including when a student
has unpaid school meals debt and the Child Nutrition Act of 1966 [42 U.S.C. 1771 et
seq.].
SECTION 2. AMENDMENT. Section 21-10-13 of the North Dakota Century Code is
amended and reenacted as follows:
21-10-13. Legacy earnings fund - State treasurer - Transfers.
1.There is created in the state treasury the legacy earnings fund. The fund consists of all
moneys transferred to the fund under subsection 2 and all interest and earnings upon
moneys in the fund.
2.Any legacy fund earnings transferred to the general fund at the end of each biennium
in accordance with section 26 of article X of the Constitution of North Dakota must be
immediately transferred by the state treasurer to the legacy earnings fund.
3.For each biennium subsequent to the biennium in which the legacy fund earnings are
transferred under subsection 2, the amount available for appropriation from the legacy
earnings fund is seven percent of the five-year average value of the legacy fund
Page No. 2 25.1123.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31 Sixty-ninth
Legislative Assembly
assets as reported by the state investment board. The average value of the legacy
fund assets must be calculated using the value of the assets at the end of each fiscal
year for the five-year period ending with the most recently completed even-numbered
fiscal year.
4.On July first of each odd-numbered year, from the amount available for appropriation
or transfer from the legacy earnings fund for the biennium, the state treasurer shall
transfer funding in the following order:
a.The first one hundred two million six hundred twenty-four thousand dollars or an
amount equal to the amount appropriated from the legacy sinking and interest
fund for debt service payments for a biennium, whichever is less, to the legacy
sinking and interest fund under section 6-09.4-10.1.
b.The next two hundred twenty-five million dollars to the general fund to provide
support for tax relief initiatives approved by the legislative assembly.
c.The next one hundred million dollars to the legacy earnings highway distribution
fund for allocations under section 54-27-19.3.
d.The next one hundred forty million dollars to the department of public instruction's
operating fund for school meals under section 15.1 - 07 - 38.
e.Any remaining amounts under this subsection as follows:
(1)Fifty percent to the general fund.
(2)The remaining fifty percent to the strategic investment and improvements
fund to be used in accordance with the provisions of section 15-08.1-08.
5.If the amounts transferred under subsection 2 exceed the amount available for
appropriation under subsection 3, the state treasurer shall transfer the excess and any
remaining amounts after the transfers and appropriations under subsection 4, as
follows:
a.Fifty percent to the general fund.
b.The remaining fifty percent to the strategic investment and improvements fund to
be used in accordance with the provisions of section 15-08.1-08.
SECTION 3. APPROPRIATION - DEPARTMENT OF PUBLIC INSTRUCTION
OPERATING FUND - SUPERINTENDENT OF PUBLIC INSTRUCTION - GRANTS FOR FREE
MEALS. There is appropriated out of any moneys in the department of public instruction's
Page No. 3 25.1123.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31 Sixty-ninth
Legislative Assembly
operating fund, not otherwise appropriated, the sum of $140,000,000, or so much of the sum as
may be necessary, to the superintendent of public instruction for the purpose of providing grants
to school districts to defray the expenses of providing meals, free of charge, for all students
enrolled in public or nonpublic schools, for the biennium beginning July 1, 2025, and ending
June 30, 2027. The superintendent of public instruction shall develop guidelines and reporting
requirements for the grants.
Page No. 4 25.1123.02000
1
2
3
4
5
6