Rhode Island 2023 Regular Session

Rhode Island House Bill H6007 Compare Versions

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

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5	5	2023 -- H 6007
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7	7	LC001031
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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 Tanzi, Cortvriend, Morales, Fogarty, Felix, Spears,
17	17	Potter, Henries, Kislak, and Giraldo
18	18	Date Introduced: March 01, 2023
19	19	Referred To: House Finance
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. The general assembly finds and declares that: 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 Rhode Island experienced food insecurity in 4
27	27	2022. 5
28	28	(3) Student hunger is associated with poor learning outcomes, absenteeism, and behavioral 6
29	29	issues. 7
30	30	(4) Healthy school meals are associated with improved test scores. 8
31	31	(5) Many children consume one-third to one-half of their daily calories during the school 9
32	32	day. 10
33	33	(6) The 2012 nutrition standards for school meals (Nutrition Standards in the National 11
34	34	School Lunch and School Breakfast Programs, 77 Fed. Reg. 4088 [Jan. 26, 2012]) and 2016 12
35	35	nutrition standards for competitive foods (National School Lunch Program and School Breakfast 13
36	36	Program - Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-14
37	37	Free Kids Act of 2010, 81 Fed. Reg. 50131 [July 29, 2016]) promulgated by the U.S. Department 15
38	38	of Agriculture were estimated to save up to seven hundred ninety-two million dollars 16
39	39	($792,000,000) in health-care related costs over ten (10) years, prevent more than two million 17
40	40	(2,000,000) cases of childhood obesity, and reduce the risk of obesity by half among low-income 18
41	41	students over five (5) years; 19
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45	45	(7) It is the intent of the General Assembly to provide reimbursable lunches for all public 1
46	46	elementary and secondary school students. 2
47	47	SECTION 2. Chapter 16-8 of the General Laws entitled "Federal Aid [See Title 16 Chapter 3
48	48	97 — The Rhode Island Board of Education Act]" is hereby amended by adding thereto the 4
49	49	following section: 5
50	50	16-8-10.3. Mandatory school meals. 6
51	51	All public elementary and secondary schools shall be required to make reimbursable 7
52	52	breakfasts and lunches available to students attending those schools in accordance with rules and 8
53	53	regulations as set forth by the United States Department of Agriculture (USDA) and adopted by 9
54	54	the department of elementary and secondary education pursuant to the following: 10
55	55	(1) Schools that participate in the School Breakfast Program authorized by the Child 11
56	56	Nutrition Act of 1966, more specifically, the School Breakfast Program (42 U.S.C. 1773) and 12
57	57	National School Lunch Program authorized by the Russell National School Lunch Act (42 U.S.C. 13
58	58	1751 et seq.), shall provide breakfast and lunch without charge to all enrolled, attending students, 14
59	59	every school day. 15
60	60	(2) In operating its school breakfast and lunch program, each public school shall seek to 16
61	61	achieve the highest level of student participation, which may include any or all of the following: 17
62	62	(i) Providing breakfast meals that can be picked up by students for consumption outside 18
63	63	the cafeteria; 19
64	64	(ii) Making breakfast available to students in the classroom after the start of the school day; 20
65	65	(iii) Collaborating with the school’s health and wellness subcommittee, as established 21
66	66	under § 16-21-28, in planning school meals; and 22
67	67	(iv) Providing lunch periods that are at least thirty (30) minutes in duration, and no less 23
68	68	than twenty (20) minutes of which time is dedicated for students to be seated and consume their 24
69	69	lunch. 25
70	70	(3) In operating its school breakfast and lunch program, each public school shall seek to 26
71	71	maximize access to federal funds for the cost of the school breakfast and lunch program by 27
72	72	participating in one of the following options: 28
73	73	(i) USDA Food and Nutrition’s Community Eligibility Provision (CEP); 29
74	74	(ii) USDA Food and Nutrition’s Special Provision 2; or 30
75	75	(iii) Any other federal provision that in the opinion of the department of elementary and 31
76	76	secondary education draws down the most possible federal funding for meals served in that 32
77	77	program, including the active dissemination and collection of meal benefit applications, as 33
78	78	applicable 34
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82	82	(4) In operating its school breakfast and lunch program, each public school shall seek to 1
83	83	improve meal quality by: 2
84	84	(i) Complying with all state-specific nutrition requirements related to meals and snacks 3
85	85	served as part of the school day; 4
86	86	(ii) Purchasing, to the maximum extent possible, locally grown or produced food items, as 5
87	87	defined by the department of elementary and secondary education; 6
88	88	(iii) Preparing fresh from scratch-cooked foods; and 7
89	89	(iv) Providing culturally relevant meals and engaging student and family voices in menu 8
90	90	development. 9
91	91	(5) No less frequently than quarterly, each public school shall report to the department of 10
92	92	elementary and secondary education data related to the purchasing of locally grown or produced 11
93	93	food items as referenced in subsection (4)(ii) of this section and used in the operation of its school 12
94	94	breakfast and lunch program. Specific reporting requirements, including data points and format 13
95	95	will be determined and communicated by the department annually. 14
96	96	(6) The department of elementary and secondary education shall reimburse all public 15
97	97	schools described in subsection (1) of this section and operating in accordance with subsections (2) 16
98	98	through (5) of this section the difference between: 17
99	99	(i) The federal free reimbursement rate established annually by the USDA for school 18
100	100	breakfast and for school lunch; and 19
101	101	(ii) The federal reimbursement rate received for each school breakfast and school lunch 20
102	102	served. 21
103	103	(7) For any public school described in subsection (1) of this section and failing to operate 22
104	104	in accordance with subsections (2) through (5) of this section, the department of elementary and 23
105	105	secondary education shall reimburse the public school the federal reimbursement rate established 24
106	106	for each school breakfast and school lunch served. 25
107	107	(8) All public schools described in subsection (1) of this section may accept payment from 26
108	108	families choosing to contribute funds for school meals to offset the cost of meals to the state 27
109	109	described in subsection (6) of this section or the public school described in subsection (7) of this 28
110	110	section; however, public schools may not solicit or otherwise require such payments. 29
111	111	(9) The department of elementary and secondary education shall adopt rules and 30
112	112	regulations necessary for making reimbursements under this section. 31
113	113	(10) For each fiscal year, the general assembly shall make an appropriation by a separate 32
114	114	line item in the budget to allow school food authorities to provide lunches at no charge for children 33
115	115	in state-subsidized early childhood education programs administered by public schools or in 34
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119	119	kindergarten through grade twelve (K-12), participating in the school lunch or breakfast program 1
120	120	who would otherwise be required to pay for meals. The appropriation to the department of 2
121	121	elementary and secondary education shall be considered entitlement dollars and will be adjusted as 3
122	122	necessary to meet the needs of the program on an on-going basis, without disruption. 4
123	123	(11) In addition to the funding required to reimburse public schools as described in 5
124	124	subsection (10) of this section, each fiscal year the general assembly shall make an appropriation 6
125	125	by separate line item in the budget to support the cost of one full-time equivalent employee at the 7
126	126	department of elementary and secondary education to aid in the administration and implementation 8
127	127	of this program. 9
128	128	(12) Nothing in this section shall prevent a student from submitting payment for a school 10
129	129	meal. 11
130	130	SECTION 3. Sections 16-8-10 and 16-8-10.1 of the General Laws in Chapter 16-8 entitled 12
131	131	"Federal Aid [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" are hereby 13
132	132	repealed. 14
133	133	16-8-10. Mandatory school lunch programs. 15
134	134	All public elementary and secondary schools shall be required to make type A lunches 16
135	135	available to students attending those schools in accordance with rules and regulations adopted from 17
136	136	time to time by the department of elementary and secondary education. To the extent that federal, 18
137	137	state, and other funds are available, free and reduced price type A lunches shall be provided to all 19
138	138	students from families that meet the current specific criteria established by federal and state 20
139	139	regulations. The requirement that type A lunches be provided shall apply to locally managed school 21
140	140	lunch programs, and school lunch programs administered directly by the department of elementary 22
141	141	and secondary education or by any other public agency whether using school facilities or a 23
142	142	commercial catering service. The department of elementary and secondary education is further 24
143	143	authorized to expand the school lunch program to the extent that federal, state, and/or local funds 25
144	144	are available by the utilization of one or more food preparation centers for delivery to participating 26
145	145	schools for the purpose of providing meals to students on a more economical basis than could be 27
146	146	provided by a community acting individually. 28
147	147	16-8-10.1. Mandatory school breakfast programs. 29
148	148	(a) All public schools shall make a breakfast program available to students attending the 30
149	149	school. The breakfast meal shall meet any rules and regulations that are adopted by the 31
150	150	commissioner. 32
151	151	(b) The state of Rhode Island shall provide school districts a per breakfast subsidy for each 33
152	152	breakfast served to students. The general assembly shall annually appropriate some sum and 34
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156	156	distribute it based on each district’s proportion of the number of breakfasts served in the prior 1
157	157	school year relative to the statewide total in the same year. This subsidy shall augment the nonprofit 2
158	158	school food service account and be used for expenses incurred in providing nutritious breakfast 3
159	159	meals to students. 4
160	160	SECTION 4. This act shall take effect upon passage. 5
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162	162	LC001031
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167	167	EXPLANATION
168	168	BY THE LEGISLATIVE COUNCIL
169	169	OF
170	170	A N A C T
171	171	RELATING TO EDUCATION -- FEDERAL AID
172	172	***
173	173	This act would repeal the current laws on mandatory school lunch and breakfast programs 1
174	174	and establish a new standard that would require all public elementary and secondary schools to 2
175	175	make reimbursable breakfasts and lunches available to all students under the rules and regulations 3
176	176	of the United States Department of Agriculture (USDA) and the RI department of education. The 4
177	177	act would specifically require such matters as: 5
178	178	(1) Maximizing access to federal funds; (2) Providing breakfast meals that can be picked 6
179	179	up by students to eat outside the cafeteria; (3) Making breakfast available after the start of the 7
180	180	school day; (4) Providing longer lunch periods; (5) Improving meal quality by purchasing locally 8
181	181	grown or produced food items; (6) Preparing fresh from scratch-cooked foods; (7) Providing 9
182	182	culturally relevant meals; and (8) Engaging student and family voices in menu development. The 10
183	183	act would also mandate that the general assembly make two (2) annual appropriations to fulfill the 11
184	184	obligations of this act. 12
185	185	This act would take effect upon passage. 13
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187	187	LC001031
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