H.B. No. 1305
AN ACT
relating to a program to provide a free or reduced-price breakfast
to eligible students attending a public school and the method of
determining the number of educationally disadvantaged students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.901, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) If at least 10 percent of the students enrolled in one or
more schools in a school district or enrolled in an open-enrollment
charter school are eligible for free or reduced-price breakfasts
under the national school breakfast program provided for by the
Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the board of
trustees of the school district or the governing body of the
open-enrollment charter school shall either:
(1) participate in the national program and make the
benefits of the national program available to all eligible students
in the schools or school; or
(2) develop and implement a locally funded program to
provide free meals, including breakfast and lunch, to each student
eligible for free meals under federal law and reduced-price meals,
including breakfast and lunch, to each student eligible for
reduced-price meals under federal law, provided that the reduced
price may not exceed the maximum allowable rate under federal law.
(a-1) A school district is permitted under Subsection (a) to
participate in the national program at one or more campuses in the
district and provide a locally funded program at one or more other
campuses in the district.
(b) A school district campus or an open-enrollment charter
school participating in the national school breakfast program
provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773)
or providing a locally funded program in which 80 percent or more of
the students qualify under the national program for a free or
reduced-price breakfast shall offer a free breakfast to each
student.
SECTION 2. Section 42.152, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) For purposes of this section, the number of
educationally disadvantaged students is determined:
(1) by averaging the best six months' numbers of
students eligible for enrollment in the national school lunch
program of free or reduced-price lunches for the preceding school
year; or
(2) in the manner provided by commissioner rule[, if
no campus in the district participated in the national school lunch
program of free or reduced-price lunches during the preceding
school year].
(b-1) A student receiving a full-time virtual education
through the state virtual school network may be included in
determining the number of educationally disadvantaged students
under Subsection (b) if the school district submits to the
commissioner a plan detailing the enhanced services that will be
provided to the student and the commissioner approves the plan.
SECTION 3. This Act applies beginning with the 2015-2016
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1305 was passed by the House on May 7,
2015, by the following vote: Yeas 138, Nays 2, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1305 on May 26, 2015, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1305 on May 31, 2015, by the following vote: Yeas 141,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1305 was passed by the Senate, with
amendments, on May 22, 2015, by the following vote: Yeas 29, Nays
2; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1305 on May 30, 2015, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor