SB 740 - HB 1153 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly March 15, 2025 Fiscal Analyst: Alan Hampton | Email: alan.hampton@capitol.tn.gov | Phone: 615-741-2564 SB 740 - HB 1153 SUMMARY OF BILL: Expands the requirement to provide a school breakfast program from schools that meet certain criteria to all schools. Requires the state to reimburse each local education agency (LEA) the cost of providing a free breakfast and lunch served to each student enrolled in the LEA who is eligible for reduced-price meals after all federal funds available pursuant to the national school lunch program is applied. Expands the waiver of school fees from applying to students that receive free or reduced-price lunch to students who are members of households with an income that meets the eligibility requirements for free or reduced-price school lunch. FISCAL IMPACT: STATE GOVERNMENT EXPENDITURES General Fund FY25-26 $2,217,100 FY26-27 & Subsequent Years >$2,217,100 LOCAL GOVERNMENT REVENUE Mandatory FY25-26 $2,217,100 FY26-27 & Subsequent Years >$2,217,100 OTHER FISCAL IMPACT In the event that expanding the waiver for school fees increases the number of students who do not have to pay school fees, a decrease in local revenue will occur. However, due to multiple unknown factors, the extent and timing of any such decrease cannot be reasonably determined For schools required to begin providing a school breakfast program, a mandatory increase in expenditures will occur. However, due to multiple variables, a precise local fiscal impact cannot be reasonably determined. Article II, Section 24 of the Tennessee Constitution provides that: no law of general application shall impose increased expenditure requirements on cities or counties unless the General Assembly shall provide that the state share in the cost. SB 740 - HB 1153 2 Assumptions: • Pursuant to the Tennessee School Nutrition Standards Act, schools must establish a breakfast and lunch program for free or reduced-price meals to the extent that federal funds are available. • The National School Lunch Program and the School Breakfast Program are federally assisted meal programs administered by the Department of Education at the state level and operated in schools by local school food authorities. • The United States Department of Agriculture (USDA) reimburses LEAs for the cost of free or reduced-price meals for students who qualify. • For the 2024-25 school year, the USDA reimbursement rates are as follows: o Breakfast is set for $2.54 at the reduced-price rate; and o Lunch is set for $3.61 at the reduced-price rate. • Based on data from the 2023-24 school year, the cost for reimbursing each LEA for providing a free breakfast and lunch served to each student enrolled in an LEA who is eligible for reduced-price meals after all federal funds available have been applied is $1,999,498. • Based on USDA reimbursement rates from FY19-20 through FY23-24, the average annual increase is 5.3 percent. • It is estimated that the USDA reimbursement amount in FY23-24 will increase by 5.3 percent in each FY24-25 and FY25-26 such that the total increase in state expenditures and equal corresponding increase in local revenue is estimated to be: o $2,217,061 [($1,999,498 x 1.053) x 1.053] in FY25-26; and o Exceeding $2,217,061 in FY26-27 and subsequent years. • Pursuant to Tenn. Code Ann. § 49-6-2302(a)(2), each school board is required to establish a school breakfast program in the following schools based on the cumulative analysis of school lunch participation for the month of April of the preceding school year: o Every school that contains kindergarten through grade eight (K-8) in which 25 percent or more of the students participated in the school lunch program at a free or reduced price; and o In every school that does not contain K-8 in which 40 percent or more of the students participated in the school lunch program at a free or reduced price. • The proposed legislation expands the requirement to provide a school breakfast program to apply to all schools. • It is unknown how many schools do not provide a school breakfast program. For schools that have to start providing a school breakfast program as a result of the proposed legislation, a mandatory increase in expenditures will occur. However, due to multiple unknown factors, including the cost of hiring additional staff and providing additional meals to students and the extent to which revenue from paid meals offsets costs to operate a school breakfast program, a precise local fiscal impact cannot be reasonably determined. • The proposed legislation expands the waiver of school fees from applying to students that receive free or reduced-price lunch to students who are members of households with an income that meet the eligibility requirements for free or reduced-price school lunch. • Pursuant to Tenn. Code Ann. § 49-2-114(b), “school fees” means: o Fees for activities that occur during regular school hours; o Fees for activities and supplies required to participate in all courses offered for credit or grade; SB 740 - HB 1153 3 o Fees or tuition applicable to courses taken during the summer by a student, except that nonresident students regularly enrolled in another school system may be required to pay fees or tuition for such summer courses; and o Fees required for graduation ceremonies. • In the event that the proposed legislation increases the number of students who do not have to pay school fees, a decrease in local revenue will occur. However, due to multiple unknown factors, the extent and timing of any such decrease cannot be reasonably determined. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director