Rhode Island 2025 Regular Session

Rhode Island House Bill H5742 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO EDUCATION -- FEDERAL AID
1616 Introduced By: Representatives Caldwell, Stewart, Potter, Cotter, Carson, Donovan,
1717 Edwards, Diaz, O'Brien, and Shanley
1818 Date Introduced: February 26, 2025
1919 Referred To: House Finance
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Findings. 1
2424 The general assembly hereby finds and declares that: 2
2525 (1) Globally, diet-related chronic diseases are the leading cause of death; 3
2626 (2) In 2024, almost forty percent (40%) of Rhode Island households with children were 4
2727 food insecure, 5
2828 (3) Student hunger is associated with poor learning outcomes, absenteeism, and behavioral 6
2929 issues; 7
3030 (4) Healthy school meals are associated with improved test scores; 8
3131 (5) Many children consume one-third (1/3) to one-half (1/2) of their daily calories during 9
3232 the school day; 10
3333 (6) The 2012 nutrition standards for school meals (Nutrition Standards in the National 11
3434 School Lunch and School Breakfast Programs, 77 Fed. Reg. 4088 [Jan. 26, 2012]) and 2016 12
3535 nutrition standards for competitive foods (National School Lunch Program and School Breakfast 13
3636 Program - Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger- 14
3737 Free Kids Act of 2010, 81 Feb. Reg. 50131 [July 29, 2016]) promulgated by the U.S. Department 15
3838 of Agriculture were estimated to save up to seven hundred ninety-two million dollars 16
3939 ($792,000,000) in healthcare related costs over ten (10) years, prevent more than two million 17
4040 (2,000,000) cases of childhood obesity, and reduce the risk of obesity by half among low-income 18
4141 students over five (5) years; 19
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4545 (7) It is in the best interests of the people of the state to provide that all students have access 1
4646 to a healthy and nutritious school breakfast and lunch during the school day. 2
4747 SECTION 2. Chapter 16-8 of the General Laws entitled "Federal Aid [See Title 16 Chapter 3
4848 97 — The Rhode Island Board of Education Act]" is hereby amended by adding thereto the 4
4949 following section: 5
5050 16-8-16. “Healthy school meals for all” -- School breakfast and lunch programs. 6
5151 (a) The healthy school meals for all program will be phased in over three (3) years. 7
5252 Beginning in the 2026-2027 school year, all public elementary schools shall be required to make 8
5353 breakfasts and lunches available to elementary students attending those schools. Beginning in the 9
5454 2027-2028 school year, all public elementary and secondary schools shall be required to make 10
5555 breakfast and lunches available to elementary and middle school (through grade 8) students 11
5656 attending those schools. Beginning in the 2028-2029 school year, all public elementary and 12
5757 secondary schools shall be required to make breakfasts and lunches available to elementary, middle 13
5858 and high school students attending those schools in accordance with rules and regulations as set 14
5959 forth by the United States Department of Agriculture and adopted by the department of elementary 15
6060 and secondary education pursuant to the provisions of subsection (c) of this section. 16
6161 (1) Schools that participate in the School Breakfast Program authorized under section 4 of 17
6262 the Child Nutrition Act of 1966 (42 U.S.C. § 1773) and National School Lunch Program authorized 18
6363 under the Richard B. Russell National School Lunch Act (42 U.S.C. § 1751 et seq.) shall provide 19
6464 breakfast and lunch without charge to all enrolled, attending students, every school day. 20
6565 (b) In operating its school breakfast and lunch program pursuant to this section, each public 21
6666 educational entity shall seek to achieve the highest level of student participation, which may include 22
6767 any or all of the following: 23
6868 (1) Providing breakfast meals that can be picked up by students for consumption outside 24
6969 the cafeteria; 25
7070 (2) Making breakfast available to students in the classroom after the start of the school day; 26
7171 (3) Collaborating with the entity’s health and wellness subcommittee, as established under 27
7272 § 16-21-28, in planning school meals; and 28
7373 (4) Providing lunch periods of no less than twenty (20) minutes for students to be seated 29
7474 and consume their lunch. 30
7575 (c) In operating its school breakfast and lunch program, each public educational entity shall 31
7676 seek to maximize access to federal funds for the cost of the school breakfast and lunch program by 32
7777 participating in one of the following options: 33
7878 (1) National School Lunch and School Breakfast Programs, Provision 2 Guidance as 34
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8282 promulgated by United State Department of Agriculture (USDA); 1
8383 (2) The Community Eligibility Provision (CEP) promulgated by the USDA; or 2
8484 (3) Any other federal provision that, in the opinion of the department of elementary and 3
8585 secondary education, draws down the most possible federal funding for meals served in that 4
8686 program, including the active dissemination and collection of meal benefit applications, as 5
8787 applicable. 6
8888 (d) In operating its school breakfast and lunch program, each public educational entity shall 7
8989 seek to improve meal quality by: 8
9090 (1) Complying with all state-specific nutrition requirements related to meals and snacks 9
9191 served as part of the school day; 10
9292 (2) Purchasing, to the maximum extent possible, locally grown/produced food items, as 11
9393 defined by the department of elementary and secondary education; 12
9494 (3) Freshly preparing scratch-cooked foods; and 13
9595 (4) Providing culturally relevant meals and engaging student and family voices in menu 14
9696 development. 15
9797 (e) No less frequently than quarterly, each public educational entity shall report to the 16
9898 department of elementary and secondary education data related to the purchasing of locally 17
9999 grown/produced food items as referenced in this section and used in the operation of its school 18
100100 breakfast and lunch program. Specific reporting requirements, including data points and format, 19
101101 shall be determined and communicated by the department annually. 20
102102 (f) The department of elementary and secondary education shall reimburse the public 21
103103 educational entities described in and operating in accordance with the provisions and requirements 22
104104 of this section, the difference between: 23
105105 (1) The federal free reimbursement rate established annually by the United States 24
106106 Department of Agriculture for school breakfast and for school lunch; and 25
107107 (2) The federal reimbursement rate received for each school breakfast and school lunch 26
108108 served. 27
109109 (g) The department of elementary and secondary education shall adopt rules and 28
110110 regulations necessary for making reimbursements pursuant to this section. 29
111111 (h) For each fiscal year, the general assembly shall make an appropriation by separate line 30
112112 item in the budget to allow school food authorities to provide breakfasts and lunches at no charge 31
113113 for children in state-subsidized early childhood education programs administered by public 32
114114 educational entities or in kindergarten through grade twelve (k-12), participating in the school lunch 33
115115 or breakfast program who would otherwise be required to pay for meals under these programs. The 34
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119119 appropriation to the department of elementary and secondary education shall be considered 1
120120 entitlement dollars and shall be adjusted as necessary to meet the needs of the program on an on-2
121121 going basis, without disruption. 3
122122 (i) In addition to the funding required to reimburse public educational entities as described 4
123123 in this section, each fiscal year the general assembly shall make an appropriation by separate line 5
124124 item in the budget to support the cost of one full-time equivalent employee at the department of 6
125125 elementary and secondary education to aid in the administration and implementation of this 7
126126 program. 8
127127 SECTION 3. This act shall take effect on July 1, 2026. 9
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134134 EXPLANATION
135135 BY THE LEGISLATIVE COUNCIL
136136 OF
137137 A N A C T
138138 RELATING TO EDUCATION -- FEDERAL AID
139139 ***
140140 This act would establish a statewide “Healthy School Meals for all” universal school 1
141141 breakfast and lunch program in Rhode Island public schools phased in over 3 years. The program 2
142142 would begin with all elementary school students, then add all middle school students in year two 3
143143 (2), and then provide universal meals for all students by the 2027-2028 school year. The act would 4
144144 also direct that in operating its school breakfast and lunch program, each public educational entity 5
145145 would seek to maximize access to federal funds for the cost of the school breakfast and lunch 6
146146 program by participating in one of several identified federal programs in order to obtain federal 7
147147 funds to offset the costs to districts of providing free breakfasts and lunches and minimize the costs 8
148148 to the state. 9
149149 This act would take effect on July 1, 2026. 10
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