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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1605 By: Gise
AS INTRODUCED
An Act relating to schools; requiring certain federal
funds to be used to provide free school meals to
qualifying students; prohibiting sch ools from
charging qualifying students for reduced price meals;
allowing disbursement of funds in certain
circumstances; allowing schools to use other
authorized funds to provide free meals to qualifying
students in certain circumstances; requiring the
State Department of Education to report annually to
the Legislature; prescribing report requirements;
mandating an audit of child nutrition programs;
defining terms; providing for codification; providing
an effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-119.2 of Title 70, unless
there is created a duplication in numbering, reads as f ollows:
A. Federal funds appropriated to the Department of Education
for a child nutrition program shall be used to provide school
breakfasts and lunches at no cost to each qualifying student.
B. A public school that serves a school breakfast or a school
lunch as part of a child nutrition program shall not charge a
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qualifying student a reduced price copayment for a school breakfast
or a school lunch.
C. 1. If necessary to comply with the requirements of this
section, the Department shall provide funds t hat have been disbursed
to the Department from the federal government for purp oses of
funding child nutrition programs to each public school that serves a
school breakfast or a school lunch as part of a child nutrition
program to cover the cost of eliminat ing reduced price copayments as
required by subparagraph B of this section.
2. If federal funds appropriated to the Department for a child
nutrition program are insufficient to provide a school breakfast or
a school lunch at no cost under paragraph 1 of this subsection, the
Department shall use funds as authorized by law to provide a school
breakfast or a school lunch not initially covered by federal funds
under subsection A of this section or other funds as authorized by
law.
D. Annually by November 15, the Department of Education shall
report on and provide to the Legislature an overview of each child
nutrition program offered in public schools. The report shall
include without limitation:
1. The procedure for applying for free or reduced price meals
in public schools; and
2. The number of students who:
a. apply for free or red uced price meals,
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b. are accepted to receive free or reduced price meals,
c. are denied from receiving free or reduced price meals ,
and
d. automatically qualify for free or reduc ed price meals
based on federal eligibility requirements ;
E. The Oklahoma Legislative Office of Fiscal Transparency shall
audit the State Department of Education Child Nutrition Programs by
December 15, 2025, and report the audit findings to the Legislature.
The audit shall determine whether each public school 's participation
in a child nutrition program effectively:
1. Serves the intent of the Legislature to expand students'
access to free meals in public schools; and
2. Complies with federal and state laws and rules.
F. As used in this section:
1. "Child nutrition program " includes the following as
established under the National School Lunch Act, 42 U.S.C. , 1751 et
seq.:
a. the National School Lunch Program , or
b. the School Breakfast Program , and
2. "Qualifying student" means a kindergarten through grade
twelve (K-12) student enrolled in a public school who is eligible
for receipt of a reduced price meal in a child nutrition program.
SECTION 2. This act shall become effective July 1 , 2025.
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SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its pa ssage and approval.
60-1-11723 SW 01/11/25