North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1553 Compare Versions

Only one version of the bill is available at this time.

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1	1	25.1123.02000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Representatives Hager, Brown, Christy, Holle, Longmuir, Mitskog, Novak, Schreiber-Beck,
7	7	Schneider
8	8	Senators Hogan, Marcellais
9	9	A BILL for an Act to amend and reenact sections 15.1-07-38 and 21-10-13 of the North Dakota
10	10	Century Code, relating to school meal funding for all students in public and nonpublic schools
11	11	and the legacy earnings fund; and to provide an appropriation.
12	12	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
13	13	SECTION 1. AMENDMENT. Section 15.1-07-38 of the North Dakota Century Code is
14	14	amended and reenacted as follows:
15	15	15.1-07-38. School districtsSchools and nonpublic schools - Policy - School meals at
16	16	no cost to students.
17	17	A school district participating in the Richard B. Russell National School Lunch Act
18	18	[42 U.S.C. 1751 et seq.] shall adopt a school meals policy and publish the policy on the school
19	19	district's website. A school meals policy must ensure:
20	20	1.A school may not deny a United States department of agriculture reimbursable meal to
21	21	a student who requests one, unless the student's parent or guardian has provided
22	22	written permission to the school to withhold a meal. A school may not serve an
23	23	alternative meal to a student with an unpaid student meal balance or without funds to
24	24	pay for a meal. This provision does not apply to an a la carte food item or second meal
25	25	requested by a student during the same meal period.
26	26	2.A school may not dispose of or take away from a child any food that already has been
27	27	served to the child on account of the child having an unpaid student meal balance or
28	28	lacking the funds to pay for a meal.
29	29	3.A school may not identify or stigmatize a student as receiving a free, reduced-price, or
30	30	full-price meal, or a meal for which the child lacks funds to pay, including the use of
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32	32	HOUSE BILL NO. 1553
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57	57	tokens, stickers, stamps, or by placing the child's name on a published list of persons
58	58	with student meal debt.
59	59	4.A school may not limit a student's participation in any school activities, graduation
60	60	ceremonies, field trips, athletics, activity clubs, or other extracurricular activities or
61	61	access to materials, technology, or other items provided to students due to an unpaid
62	62	student meal balance.
63	63	5.A school may not require a student to provide services or perform work, including
64	64	cleaning duties or chores, to pay for school meals debt.
65	65	6.A school may contact a student's parent or guardian directly regarding unpaid meals
66	66	debt or a school meals account without funds to pay for additional meals. A school
67	67	may require a child deliver a sealed letter addressed to the child's parent or guardian
68	68	containing a written communication regarding the unpaid school meal debt. The letter
69	69	may not be distributed to the child in a manner that stigmatizes the child.
70	70	7.or nonpublic school shall offer breakfast and lunch to all students at no cost.
71	71	2.A school shall adopt policies to encourage or provide an incentive for a parent or
72	72	guardian of a student to apply for free or reduced meals through the Richard B.
73	73	Russell National School Lunch Act [42 U.S.C. 1751 et seq.], including when a student
74	74	has unpaid school meals debt and the Child Nutrition Act of 1966 [42 U.S.C. 1771 et
75	75	seq.].
76	76	SECTION 2. AMENDMENT. Section 21-10-13 of the North Dakota Century Code is
77	77	amended and reenacted as follows:
78	78	21-10-13. Legacy earnings fund - State treasurer - Transfers.
79	79	1.There is created in the state treasury the legacy earnings fund. The fund consists of all
80	80	moneys transferred to the fund under subsection 2 and all interest and earnings upon
81	81	moneys in the fund.
82	82	2.Any legacy fund earnings transferred to the general fund at the end of each biennium
83	83	in accordance with section 26 of article X of the Constitution of North Dakota must be
84	84	immediately transferred by the state treasurer to the legacy earnings fund.
85	85	3.For each biennium subsequent to the biennium in which the legacy fund earnings are
86	86	transferred under subsection 2, the amount available for appropriation from the legacy
87	87	earnings fund is seven percent of the five-year average value of the legacy fund
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121	121	assets as reported by the state investment board. The average value of the legacy
122	122	fund assets must be calculated using the value of the assets at the end of each fiscal
123	123	year for the five-year period ending with the most recently completed even-numbered
124	124	fiscal year.
125	125	4.On July first of each odd-numbered year, from the amount available for appropriation
126	126	or transfer from the legacy earnings fund for the biennium, the state treasurer shall
127	127	transfer funding in the following order:
128	128	a.The first one hundred two million six hundred twenty-four thousand dollars or an
129	129	amount equal to the amount appropriated from the legacy sinking and interest
130	130	fund for debt service payments for a biennium, whichever is less, to the legacy
131	131	sinking and interest fund under section 6-09.4-10.1.
132	132	b.The next two hundred twenty-five million dollars to the general fund to provide
133	133	support for tax relief initiatives approved by the legislative assembly.
134	134	c.The next one hundred million dollars to the legacy earnings highway distribution
135	135	fund for allocations under section 54-27-19.3.
136	136	d.The next one hundred forty million dollars to the department of public instruction's
137	137	operating fund for school meals under section 15.1 - 07 - 38.
138	138	e.Any remaining amounts under this subsection as follows:
139	139	(1)Fifty percent to the general fund.
140	140	(2)The remaining fifty percent to the strategic investment and improvements
141	141	fund to be used in accordance with the provisions of section 15-08.1-08.
142	142	5.If the amounts transferred under subsection 2 exceed the amount available for
143	143	appropriation under subsection 3, the state treasurer shall transfer the excess and any
144	144	remaining amounts after the transfers and appropriations under subsection 4, as
145	145	follows:
146	146	a.Fifty percent to the general fund.
147	147	b.The remaining fifty percent to the strategic investment and improvements fund to
148	148	be used in accordance with the provisions of section 15-08.1-08.
149	149	SECTION 3. APPROPRIATION - DEPARTMENT OF PUBLIC INSTRUCTION
150	150	OPERATING FUND - SUPERINTENDENT OF PUBLIC INSTRUCTION - GRANTS FOR FREE
151	151	MEALS. There is appropriated out of any moneys in the department of public instruction's
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185	185	operating fund, not otherwise appropriated, the sum of $140,000,000, or so much of the sum as
186	186	may be necessary, to the superintendent of public instruction for the purpose of providing grants
187	187	to school districts to defray the expenses of providing meals, free of charge, for all students
188	188	enrolled in public or nonpublic schools, for the biennium beginning July 1, 2025, and ending
189	189	June 30, 2027. The superintendent of public instruction shall develop guidelines and reporting
190	190	requirements for the grants.
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