As Introduced
136th General Assembly
Regular Session S. B. No. 109
2025-2026
Senators Blessing, Smith
To amend sections 3301.91 and 3313.819 of the
Revised Code to provide breakfast and lunch at
no cost to public and chartered nonpublic school
students, and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.91 and 3313.819 of the
Revised Code be amended to read as follows:
Sec. 3301.91. (A) As used in this section:
(1) "National school breakfast program" means the federal
school breakfast program created under 42 U.S.C. 1773.
(2) "National school lunch program" means the federal
school lunch program created under 42 U.S.C. 1751.
(3) "Public school" means a school building operated by a
school district, a community school established under Chapter
3314. of the Revised Code, a STEM school established under
Chapter 3326. of the Revised Code, a building operated by an
educational service center, a special education program operated
by the county board of developmental disabilities under section
3323.09 of the Revised Code, or a facility offering juvenile day
treatment services.
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19 S. B. No. 109 Page 2
As Introduced
(B) The department of education and workforce shall
reimburse each public and chartered nonpublic school that
participates in the national school breakfast program, from
funds appropriated by the general assembly for that purpose, an
amount equal to the sum of the following:
(1) The difference between the federal free reimbursement
rate and the federal reimbursement for a reduced-price breakfast
for each student eligible for a reduced-price breakfast and
receiving breakfast;
(2) The difference between the federal free reimbursement
rate and the federal reimbursement for a paid breakfast for each
student receiving breakfast who does not qualify for free or
reduced-price breakfast .
(C) The department shall reimburse each public school and
chartered nonpublic school that participates in the national
school lunch program, from funds appropriated by the general
assembly for that purpose, an amount equal to the sum of the
following:
(1) The difference between the federal free reimbursement
rate and the federal reimbursement for a reduced-price lunch for
each student eligible for a reduced-price lunch and receiving
lunch;
(2) The difference between the federal free reimbursement
rate and the federal reimbursement for a paid lunch for each
student receiving lunch who does not qualify for free or
reduced-price lunch.
Sec. 3313.819. (A) As used in this section, "national
school breakfast program," "national school lunch program," and
"public school" all have the same meanings as in section 3301.91
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As Introduced
of the Revised Code.
(B) A public or chartered nonpublic school that
participates in the national school breakfast program shall
provide each student eligible for a reduced-price breakfast a
breakfast at no cost to the student.
A public or chartered nonpublic school that participates
in the national school lunch program shall provide each student
eligible for a reduced-price lunch a lunch at no cost to the
student.
Section 2. That existing sections 3301.91 and 3313.819 of
the Revised Code are hereby repealed.
Section 3. All items in this act are hereby appropriated
as designated out of any moneys in the state treasury to the
credit of the designated fund. For all operating appropriations
made in this act, those in the first column are for fiscal year
2026 and those in the second column are for fiscal year 2027.
The operating appropriations made in this act are in addition to
any other operating appropriations made for these fiscal years.
Section 4.
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A EDU DEPARTMENT OF EDUCATION AND WORKFORCE
BGeneral Revenue Fund
CGRF200505School Meal Programs $300,000,000 $300,000,000
DTOTAL GRF General Revenue Fund $300,000,000 $300,000,000
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68 S. B. No. 109 Page 4
As Introduced
ETOTAL ALL BUDGET FUND GROUPS $300,000,000 $300,000,000
SCHOOL MEAL PROGRAMS
The foregoing appropriation item 200505, School Meal
Programs, shall be used to support the reimbursements required
by divisions (B)(2) and (C)(2) of section 3301.91 of the Revised
Code.
Section 5. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the manner in which
appropriation accounts shall be maintained. Expenditures from
operating appropriations contained in this act shall be
accounted for as though made in, and are subject to all
applicable provisions of, the main operating appropriations act
of the 136th General Assembly.
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