Rhode Island 2023 Regular Session

Rhode Island House Bill H5639 Compare Versions

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

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5	5	2023 -- H 5639
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7	7	LC001539
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- FEDERAL AID
16	16	Introduced By: Representatives Caldwell, McNamara, Potter, Knight, Ajello, Speakman,
17	17	Kazarian, Donovan, Fogarty, and Casimiro
18	18	Date Introduced: February 15, 2023
19	19	Referred To: House Finance
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Findings of fact. The general assembly finds as follows: 1
24	24	(1) Globally, diet-related chronic diseases are the leading cause of death; 2
25	25	(2) In the wake of the COVID-19 pandemic, nearly one in three (3) households and over 3
26	26	forty percent (40%) of households with children in RI experienced food insecurity in 2022; 4
27	27	(3) Student hunger is associated with poor learning outcomes, absenteeism, and behavioral 5
28	28	issues; 6
29	29	(4) Healthy school meals are associated with improved test scores; 7
30	30	(5) Many children consume one-third (1/3) to one-half (1/2) of their daily calories during 8
31	31	the school day; 9
32	32	(6) The 2012 nutrition standards for school meals (Nutrition Standards in the National 10
33	33	School Lunch and School Breakfast Programs, 77 Fed. Reg. 4088 [Jan. 26, 2012]) and 2016 11
34	34	nutrition standards for competitive foods (National School Lunch Program and School Breakfast 12
35	35	Program - Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-13
36	36	Free Kids Act of 2010, 81 Feb. Reg. 50131 [July 29, 2016]) promulgated by the U.S. Department 14
37	37	of Agriculture were estimated to save up to seven hundred ninety-two million dollars 15
38	38	($792,000,000) in health-care related costs over ten (10) years, prevent more than two million 16
39	39	(2,000,000) cases of childhood obesity, and reduce the risk of obesity by half among low-income 17
40	40	students over five (5) years; 18
41	41	(7) It is in the best interests of the people of the state to provide that all students have access 19
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45	45	to a healthy and nutritious school breakfast and lunch during the school day. 1
46	46	SECTION 2. Chapter 16-8 of the General Laws entitled "Federal Aid [See Title 16 Chapter 2
47	47	97 — The Rhode Island Board of Education Act]" is hereby amended by adding thereto the 3
48	48	following section: 4
49	49	16-8-16. New mandatory school breakfast and lunch programs. 5
50	50	(a) All public elementary and secondary schools shall be required to make reimbursable 6
51	51	breakfasts and lunches available to students attending those schools in accordance with rules and 7
52	52	regulations as set forth by the United States Department of Agriculture and adopted by the 8
53	53	department of elementary and secondary education. 9
54	54	(1) Schools that participate in the School Breakfast Program authorized under section 4 of 10
55	55	the Child Nutrition Act of 1966 (42 U.S.C. 1773) and National School Lunch Program authorized 11
56	56	under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) shall provide 12
57	57	breakfast and lunch without charge to all enrolled, attending students, every school day. 13
58	58	(b) In operating its school breakfast and lunch program pursuant to this section, each public 14
59	59	educational entity shall seek to achieve the highest level of student participation, which may include 15
60	60	any or all of the following: 16
61	61	(1) Providing breakfast meals that can be picked up by students for consumption outside 17
62	62	the cafeteria; 18
63	63	(2) Making breakfast available to students in the classroom after the start of the school day; 19
64	64	(3) Collaborating with the entity’s health and wellness subcommittee, as established under 20
65	65	§ 16-21-28, in planning school meals; and 21
66	66	(4) Providing lunch periods that are at least thirty (30) minutes in duration, and no less than 22
67	67	twenty (20) minutes of which time is dedicated for students to be seated and consume their lunch. 23
68	68	(c) In operating its school breakfast and lunch program, each public educational entity shall 24
69	69	seek to maximize access to federal funds for the cost of the school breakfast and lunch program by 25
70	70	participating in one of the following options: 26
71	71	(1) The Community Eligibility Provision (CEP); 27
72	72	(2) Special Provision 2; or 28
73	73	(3) Any other federal provision that in the opinion of the department of elementary and 29
74	74	secondary education draws down the most possible federal funding for meals served in that 30
75	75	program, including the active dissemination and collection of meal benefit applications, as 31
76	76	applicable. 32
77	77	(d) In operating its school breakfast and lunch program, each public educational entity shall 33
78	78	seek to improve meal quality by: 34
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82	82	(1) Complying with all state-specific nutrition requirements related to meals and snacks 1
83	83	served as part of the school day. 2
84	84	(2) Purchasing, to the maximum extent possible, locally grown/produced food items, as 3
85	85	defined by the department of elementary and secondary education; 4
86	86	(3) Freshly preparing scratch-cooked foods; and 5
87	87	(4) Providing culturally relevant meals and engaging student and family voices in menu 6
88	88	development 7
89	89	(e) No less frequently than quarterly, each public educational entity shall report to the 8
90	90	department of elementary and secondary education data related to the purchasing of locally 9
91	91	grown/produced food items as referenced in this section and used in the operation of its school 10
92	92	breakfast and lunch program. Specific reporting requirements, including data points and format 11
93	93	will be determined and communicated by the department annually. 12
94	94	(f) The department of elementary and secondary education shall reimburse the public 13
95	95	educational entities described in and operating in accordance with the provisions and requirements 14
96	96	of this section, the difference between: 15
97	97	The federal free reimbursement rate established annually by the United States Department 16
98	98	of Agriculture for school breakfast and for school lunch; and 17
99	99	The federal reimbursement rate received for each school breakfast and school lunch served. 18
100	100	(g) The department of elementary and secondary education may adopt rules necessary for 19
101	101	making reimbursements under this section. 20
102	102	(h) For each fiscal year, the general assembly shall make an appropriation by separate line 21
103	103	item in the budget to allow school food authorities to provide lunches at no charge for children in 22
104	104	state-subsidized early childhood education programs administered by public educational entities or 23
105	105	in kindergarten through twelfth grade, participating in the school lunch or breakfast program who 24
106	106	would otherwise be required to pay for meals under these programs. The appropriation to the 25
107	107	department of elementary and secondary education shall be considered entitlement dollars and will 26
108	108	be adjusted as necessary to meet the needs of the program on an on-going basis, without disruption. 27
109	109	(i) In addition to the funding required to reimburse public educational entities as described 28
110	110	in this section, each fiscal year the general assembly shall make an appropriation by separate line 29
111	111	item in the budget to support the cost of one full-time equivalent employee at the department of 30
112	112	elementary and secondary education to aid in the administration and implementation of this 31
113	113	program. 32
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117	117	SECTION 3. This act shall take effect on July 1, 2023. 1
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124	124	EXPLANATION
125	125	BY THE LEGISLATIVE COUNCIL
126	126	OF
127	127	A N A C T
128	128	RELATING TO EDUCATION -- FEDERAL AID
129	129	***
130	130	This act would establish a statewide universal school breakfast and lunch program in Rhode 1
131	131	Island public schools. The act would direct that in operating its school breakfast and lunch program, 2
132	132	each public educational entity would seek to maximize access to federal funds for the cost of the 3
133	133	school breakfast and lunch program by participating in one several identified federal programs so 4
134	134	as to obtain federal funds to partially offset the costs of providing the breakfasts and lunches. 5
135	135	This act would take effect on July 1, 2023. 6
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