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2023 - 2024 LEGISLATURE
2023 SENATE BILL 720
November 21, 2023 - Introduced by Senators L ARSON, AGARD, CARPENTER,
HESSELBEIN, L. JOHNSON, PFAFF, ROYS, SPREITZER and TAYLOR, cosponsored by
Representatives SHELTON, HONG, C. ANDERSON, J. ANDERSON, ANDRACA, BARE,
CLANCY, CONLEY, CONSIDINE, DOYLE, DRAKE, EMERSON, JACOBSON, JOERS,
MADISON, MOORE OMOKUNDE, MYERS, NEUBAUER, PALMERI, RATCLIFF,
SHANKLAND, SINICKI, STUBBS, SUBECK and VINING. Referred to Committee on
Education.
AN ACT to repeal 115.341; to renumber 115.34 (1); to amend 20.255 (1) (jg),
20.255 (2) (cm), 20.255 (2) (cn), 115.34 (title), 115.34 (2) and 115.341 (1); and to
create 20.255 (2) (cL), 115.34 (1g) and 115.34 (3) to (5) of the statutes; relating
to: providing state aid to reimburse public and private schools that provide free
meals to all pupils for the costs of those meals and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill provides additional state aid to public and private schools in this state
that provide free meals to all pupils.
Under current law, the Department of Public Instruction makes payments to
school districts, private schools, independent charter schools, tribal schools, the
Wisconsin Educational Services Program for the Deaf and Hard of Hearing, and the
Wisconsin Center for the Blind and Visually Impaired to partially match the federal
contribution under the National School Lunch Program, under which schools
provide free or reduced-price lunches to low-income children. Currently, the state
share for school lunches is a variable percentage of the amount of the federal basic
reimbursement, which is then allocated among eligible schools according to the
number of lunches served during the prior school year.
Also under current law, DPI provides a per meal reimbursement to school
districts, private schools, and tribal schools that provide breakfast to pupils under
the federal School Breakfast Program. Currently, the state provides a per meal
reimbursement of $0.15 for each breakfast served under the program, but, if there
is insufficient funding to pay the full amount, DPI prorates the payments.
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SENATE BILL 720
Under the bill, a school is eligible for additional state reimbursement for
lunches and breakfasts served in a school year if the school 1) participates in both
the National School Lunch Program and the federal School Breakfast Program for
the school year; and 2) for each school day in which school is in session during the
school year, provides to any pupil who requests one, at no cost to the pupil, one lunch
and one breakfast that meet the federal food, nutritional, and other requirements for
meals served under the federal programs. Under the bill, DPI must reimburse an
eligible school a per meal amount that is equal to the federal reimbursement rate
applicable to the eligible school under the applicable federal program for a meal
served to a pupil who satisfies the income eligibility criteria for a free lunch, minus
any amount the eligible school receives from the federal government to pay for those
meals. In other words, the bill guarantees that an eligible school will receive a total
amount in state and federal aid that will reimburse the eligible school an amount
equal to the free meal reimbursement rate for each meal the eligible school serves.
The additional state reimbursement under the bill is available to school
districts, independent charter schools, private schools, tribal schools, residential
care centers for children and youth, the Wisconsin Educational Services Program for
the Deaf and Hard of Hearing, and the Wisconsin Center for the Blind and Visually
Impaired that meet the eligibility requirements.
Under the bill, if a school does not meet the eligibility requirements for the
additional state reimbursement for a school year, all of the following apply:
1. If the school participates in the National School Lunch Program for the
school year, DPI will reimburse the school an amount required to meet the state's
matching obligation under the federal program.
2. If the school participates in the federal School Breakfast Program for the
school year, DPI will reimburse the school $0.15 for each breakfast served under the
federal program, without proration.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 20.255 (1) (jg) of the statutes is amended to read:
20.255 (1) (jg) School lunch handling charges. The amounts in the schedule
for the transportation, warehousing, processing, and insuring of food products
granted to this state by the federal government. All moneys received from contracts
made under s. 115.34 (1) (1r), under which food products granted to the state by the
federal government are utilized, shall be credited to this appropriation.
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SECTION 2
SENATE BILL 720
SECTION 2. 20.255 (2) (cL) of the statutes is created to read:
20.255 (2) (cL) Reimbursement for school lunch programs. A sum sufficient for
reimbursement for school lunch programs under s. 115.34 (2) and (5) (a) 1.
SECTION 3. 20.255 (2) (cm) of the statutes is amended to read:
20.255 (2) (cm) Reimbursement for school breakfast programs. As a continuing
appropriation, the amounts in the schedule A sum sufficient for reimbursement for
school breakfast programs under s. 115.341 115.34 (3) and (5) (a) 2.
SECTION 4. 20.255 (2) (cn) of the statutes is amended to read:
20.255 (2) (cn) Aids for school lunches and nutritional improvement for the
elderly. The amounts in the schedule for the payment of school lunch aids under s.
115.34 (2) and for nutritional improvement under ss. 36.51, 38.36, and 115.345.
SECTION 5. 115.34 (title) of the statutes is amended to read:
115.34 (title) School lunch program and breakfast programs.
SECTION 6. 115.34 (1) of the statutes is renumbered 115.34 (1r).
SECTION 7. 115.34 (1g) of the statutes is created to read:
115.34 (1g) In this section:
(a) “Eligible school” means a school that is eligible for reimbursement for a
school year under sub. (4).
(b) “Governing body” means the school board of a school district, operator of a
charter school under s. 118.40 (2r) or (2x), governing body of a private school,
governing body of a tribal school, operator of a residential care center for children and
youth, as defined in s. 115.76 (14g), director of the Wisconsin Educational Services
Program for the Deaf and Hard of Hearing, or director of the Wisconsin Center for
the Blind and Visually Impaired.
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SECTION 7 SENATE BILL 720
(c) “School” means a public school, including a charter school under s. 118.40
(2r) or (2x), private school, tribal school, residential care center for children and
youth, as defined in s. 115.76 (14g), the Wisconsin Educational Services Program for
the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually
Impaired.
SECTION 8. 115.34 (2) of the statutes is amended to read:
115.34 (2) The Beginning with reimbursements paid in 2024-25 for school
lunches served in the 2023-24 school year, from the appropriation under s. 20.255
(2) (cL), the state superintendent shall make payments to school districts, private
schools, charter schools under s. 118.40 (2r) and (2x), tribal schools, the program
under s. 115.52, and the center under s. 115.525 a payment to the governing body of
a school that is not an eligible school for a school year and that participates in the
national school lunch program, 42 USC 1751 to 1769j, for that school year for school
lunches served to children in the prior that school year as determined by the state
superintendent from the appropriation under s. 20.255 (2) (cn). Payments shall
equal the state's matching obligation under 42 USC 1751 et seq to 1769j. Payments
in the current year shall be determined by prorating the state's matching obligation
based on the number of school lunches served to children in the prior year. In this
subsection, “private school" means any school defined in s. 115.001 (3r) which
complies with the requirements of 42 USC 2000d.
SECTION 9. 115.34 (3) to (5) of the statutes are created to read:
115.34 (3) Beginning with reimbursements paid in 2024-25 for breakfasts
served in the 2023-24 school year, from the appropriation under s. 20.255 (2) (cm),
the state superintendent shall reimburse the governing body of a school that is not
an eligible school for a school year and that participates in the federal school
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SECTION 9
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breakfast program, 42 USC 1773, for that school year 15 cents for each breakfast
served in that school year at the school that meets the requirements of 7 CFR 220.8.
(4) Beginning with reimbursements for school lunches and breakfasts served
in the 2023-24 school year, the governing body of a school is eligible for
reimbursement under sub. (5) for meals served in the school year only if the
governing body does all of the following:
(a) Participates in both the national school lunch program, 42 USC 1751 to
1769j, and the federal school breakfast program, 42 USC 1773, for the school year.
(b) For each day in which school is in session during the school year, provides
to any pupil who requests, at no cost to the pupil, one lunch that meets the
requirements under 7 CFR 210.10 and one breakfast that meets the requirements
of 7 CFR 220.8.
(5) (a) Beginning with reimbursements for school lunches and breakfasts
served in the 2023-24 school year, subject to par. (b), the state superintendent shall
reimburse the governing body of an eligible school all of the following amounts:
1. From the appropriation under s. 20.255 (2) (cL), for each lunch the eligible
school served under sub. (4) (b) in the prior school year, an amount equal to the
federal reimbursement rate under the national school lunch program, 42 USC 1751
to 1769j, applicable to the eligible school for serving a lunch to a pupil who satisfies
the income eligibility criteria for a free lunch under 42 USC 1758 (b) (1).
2. From the appropriation under s. 20.255 (2) (cm), for each breakfast the
eligible school served under sub. (4) (b) in the prior school year, an amount equal to
the federal reimbursement rate under the federal school breakfast program, 42 USC
1773, applicable to the eligible school for serving a breakfast to a pupil who satisfies
the income eligibility criteria for a free breakfast under 42 USC 1773 (e) (1) (A).
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SECTION 9 SENATE BILL 720
(b) The state superintendent shall reduce the reimbursement amount the state
superintendent pays to the governing body of an eligible school under par. (a) by any
amount the governing body receives from the federal government as reimbursement
for the same meals.
(c) The governing body of an eligible school may charge a pupil for food or drink
items the eligible school serves to the pupil that are in addition to or different from
the meals the eligible school is required to serve to the pupil at no cost under sub. (4)
(b).
SECTION 10. 115.341 of the statutes, as affected by 2023 Wisconsin Act .... (this
act), is repealed.
SECTION 11. 115.341 (1) of the statutes is amended to read:
115.341 (1) From the appropriation under s. 20.255 (2) (cm), the state
superintendent shall reimburse each school board 15 cents for each breakfast served
at a school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is
applicable, and shall reimburse each governing body of a private school or tribal
school 15 cents for each breakfast served at the private school or tribal school that
meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable. This
subsection does not apply to reimbursements paid in 2024-25 for breakfasts served
in the 2023-24 school year or in any school year thereafter.
SECTION 12.0Nonstatutory provisions.
(1) LEGISLATIVE PURPOSE AND INTENT. It is the intent of the legislature that no
child in this state should experience hunger and that every school-age child should
benefit from access to at least 2 healthy, nutritious meals during the school day.
(2) TRANSITIONAL PROVISION; REIMBURSEMENT FOR SCHOOL LUNCHES SERVED IN
2021-22. Notwithstanding s. 115.34 (2), the state superintendent of public instruction
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SECTION 12
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shall make payments to school districts, private schools, charter schools under s.
118.40 (2r) and (2x), tribal schools, the program under s. 115.52, and the center under
s. 115.525 for school lunches served to children in the 2022-23 school year as
provided under s. 115.34 (2), 2021 stats.
SECTION 13.0Effective dates. This act takes effect on the day after publication,
except as follows:
(1) The treatment of s. 20.255 (2) (cL), (cm), and (cn) and the repeal of s. 115.341
take effect on July 1, 2024.
(END)
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