Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB67 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
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4	4	2025 SENATE BILL 67
5	5	February 21, 2025 - Introduced by Senators LARSON, KEYESKI, HABUSH SINYKIN,
6	6	RATCLIFF, CARPENTER, DASSLER-ALFHEIM, DRAKE, HESSELBEIN, L. JOHNSON,
7	7	PFAFF, ROYS, SMITH, SPREITZER, WALL and WIRCH, cosponsored by
8	8	Representatives HONG, SHEEHAN, PHELPS, ANDERSON, ANDRACA, ARNEY,
9	9	BARE, BILLINGS, BROWN, CLANCY, CRUZ, DESANTO, DESMIDT, DOYLE,
10	10	EMERSON, FITZGERALD, GOODWIN, HAYWOOD, HYSELL, J. JACOBSON, JOERS,
11	11	JOHNSON, KIRSCH, MADISON, MAYADEV, MCCARVILLE, MCGUIRE, MIRESSE,
12	12	MOORE OMOKUNDE, NEUBAUER, ORTIZ-VELEZ, PALMERI, PRADO, RIVERA-
13	13	WAGNER, ROE, SINICKI, SNODGRASS, SPAUDE, STROUD, STUBBS, SUBECK,
14	14	TAYLOR, TENORIO, UDELL and VINING. Referred to Committee on Education.
15	15	AN ACT to repeal 115.341; to renumber 115.34 (1); to amend 20.255 (1) (jg),
16	16	20.255 (2) (cm), 20.255 (2) (cn), 115.34 (title), 115.34 (2) and 115.341 (1); to
17	17	create 20.255 (2) (cL), 115.34 (1g) and 115.34 (3) to (5) of the statutes;
18	18	relating to: providing state aid to reimburse public and private schools that
19	19	provide free meals to all pupils for the costs of those meals and making an
20	20	appropriation.
21	21	Analysis by the Legislative Reference Bureau
22	22	This bill provides additional state aid to public and private schools in this
23	23	state that provide free meals to all pupils.
24	24	Under current law, the Department of Public Instruction makes payments to
25	25	school districts, private schools, independent charter schools, tribal schools, the
26	26	Wisconsin Educational Services Program for the Deaf and Hard of Hearing, and the
27	27	Wisconsin Center for the Blind and Visually Impaired to partially match the federal
28	28	contribution under the National School Lunch Program, under which schools
29	29	provide free or reduced-price lunches to low-income children. Currently, the state
30	30	share for school lunches is a variable percentage of the amount of the federal basic
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40	40	reimbursement, which is then allocated among eligible schools according to the
41	41	number of lunches served during the prior school year.
42	42	Also under current law, DPI provides a per meal reimbursement to school
43	43	districts, private schools, and tribal schools that provide breakfast to pupils under
44	44	the federal School Breakfast Program. Currently, the state provides a per meal
45	45	reimbursement of $0.15 for each breakfast served under the program, but, if there
46	46	is insufficient funding to pay the full amount, DPI prorates the payments.
47	47	Under the bill, a school is eligible for additional state reimbursement for
48	48	lunches and breakfasts served in a school year if the school 1) participates in both
49	49	the National School Lunch Program and the federal School Breakfast Program for
50	50	the school year; and 2) for each school day in which school is in session during the
51	51	school year, provides to any pupil who requests one, at no cost to the pupil, one
52	52	lunch and one breakfast that meet the federal food, nutritional, and other
53	53	requirements for meals served under the federal programs. Under the bill, DPI
54	54	must reimburse an eligible school a per meal amount that is equal to the federal
55	55	reimbursement rate applicable to the eligible school under the applicable federal
56	56	program for a meal served to a pupil who satisfies the income eligibility criteria for
57	57	a free lunch, minus any amount the eligible school receives from the federal
58	58	government to pay for those meals. In other words, the bill guarantees that an
59	59	eligible school will receive a total amount in state and federal aid that will
60	60	reimburse the eligible school an amount equal to the free meal reimbursement rate
61	61	for each meal the eligible school serves.
62	62	The additional state reimbursement under the bill is available to school
63	63	districts, independent charter schools, private schools, tribal schools, residential
64	64	care centers for children and youth, the Wisconsin Educational Services Program
65	65	for the Deaf and Hard of Hearing, and the Wisconsin Center for the Blind and
66	66	Visually Impaired that meet the eligibility requirements.
67	67	Under the bill, if a school does not meet the eligibility requirements for the
68	68	additional state reimbursement for a school year, all of the following apply:
69	69	1. If the school participates in the National School Lunch Program for the
70	70	school year, DPI will reimburse the school an amount required to meet the state[s
71	71	matching obligation under the federal program.
72	72	2. If the school participates in the federal School Breakfast Program for the
73	73	school year, DPI will reimburse the school $0.15 for each breakfast served under the
74	74	federal program, without proration.
75	75	For further information see the state and local fiscal estimate, which will be
76	76	printed as an appendix to this bill.
77	77	The people of the state of Wisconsin, represented in senate and assembly, do
78	78	enact as follows:
79	79	SECTION 1. 20.255 (1) (jg) of the statutes is amended to read:
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84	84	SECTION 1
85	85	20.255 (1) (jg) School lunch handling charges. The amounts in the schedule
86	86	for the transportation, warehousing, processing, and insuring of food products
87	87	granted to this state by the federal government. All moneys received from contracts
88	88	made under s. 115.34 (1) (1r), under which food products granted to the state by the
89	89	federal government are utilized, shall be credited to this appropriation.
90	90	SECTION 2. 20.255 (2) (cL) of the statutes is created to read:
91	91	20.255 (2) (cL) Reimbursement for school lunch programs. A sum sufficient
92	92	for reimbursement for school lunch programs under s. 115.34 (2) and (5) (a) 1.
93	93	SECTION 3. 20.255 (2) (cm) of the statutes is amended to read:
94	94	20.255 (2) (cm) Reimbursement for school breakfast programs. As a
95	95	continuing appropriation, the amounts in the schedule A sum sufficient for
96	96	reimbursement for school breakfast programs under s. 115.341 115.34 (3) and (5)
97	97	(a) 2.
98	98	SECTION 4. 20.255 (2) (cn) of the statutes is amended to read:
99	99	20.255 (2) (cn) Aids for school lunches and nutritional improvement for the
100	100	elderly. The amounts in the schedule for the payment of school lunch aids under s.
101	101	115.34 (2) and for nutritional improvement under ss. 36.51, 38.36, and 115.345.
102	102	SECTION 5. 115.34 (title) of the statutes is amended to read:
103	103	115.34 (title) School lunch program and breakfast programs.
104	104	SECTION 6. 115.34 (1) of the statutes is renumbered 115.34 (1r).
105	105	SECTION 7. 115.34 (1g) of the statutes is created to read:
106	106	115.34 (1g) In this section:
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132	132	SECTION 7
133	133	(a) XEligible schoolY means a school that is eligible for reimbursement for a
134	134	school year under sub. (4).
135	135	(b) XGoverning bodyY means the school board of a school district, operator of a
136	136	charter school under s. 118.40 (2r) or (2x), governing body of a private school,
137	137	governing body of a tribal school, operator of a residential care center for children
138	138	and youth, as defined in s. 115.76 (14g), director of the Wisconsin Educational
139	139	Services Program for the Deaf and Hard of Hearing, or director of the Wisconsin
140	140	Center for the Blind and Visually Impaired.
141	141	(c) XSchoolY means a public school, including a charter school under s. 118.40
142	142	(2r) or (2x), private school, tribal school, residential care center for children and
143	143	youth, as defined in s. 115.76 (14g), the Wisconsin Educational Services Program
144	144	for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and
145	145	Visually Impaired.
146	146	SECTION 8. 115.34 (2) of the statutes is amended to read:
147	147	115.34 (2) The Beginning with reimbursements paid in 2026-27 for school
148	148	lunches served in the 2025-26 school year, from the appropriation under s. 20.255
149	149	(2) (cL), the state superintendent shall make payments to school districts, private
150	150	schools, charter schools under s. 118.40 (2r) and (2x), tribal schools, the program
151	151	under s. 115.52, and the center under s. 115.525 a payment to the governing body of
152	152	a school that is not an eligible school for a school year and that participates in the
153	153	national school lunch program, 42 USC 1751 to 1769j, for that school year for school
154	154	lunches served to children in the prior that school year as determined by the state
155	155	superintendent from the appropriation under s. 20.255 (2) (cn). Payments shall
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182	182	SECTION 8
183	183	equal the state[s matching obligation under 42 USC 1751 et seq to 1769j. Payments
184	184	in the current year shall be determined by prorating the state[s matching obligation
185	185	based on the number of school lunches served to children in the prior year. In this
186	186	subsection, Xprivate schoolY means any school defined in s. 115.001 (3r) which
187	187	complies with the requirements of 42 USC 2000d.
188	188	SECTION 9. 115.34 (3) to (5) of the statutes are created to read:
189	189	115.34 (3) Beginning with reimbursements paid in 2026-27 for breakfasts
190	190	served in the 2025-26 school year, from the appropriation under s. 20.255 (2) (cm),
191	191	the state superintendent shall reimburse the governing body of a school that is not
192	192	an eligible school for a school year and that participates in the federal school
193	193	breakfast program, 42 USC 1773, for that school year 15 cents for each breakfast
194	194	served in that school year at the school that meets the requirements of 7 CFR 220.8.
195	195	(4) Beginning with reimbursements for school lunches and breakfasts served
196	196	in the 2025-26 school year, the governing body of a school is eligible for
197	197	reimbursement under sub. (5) for meals served in the school year only if the
198	198	governing body does all of the following:
199	199	(a) Participates in both the national school lunch program, 42 USC 1751 to
200	200	1769j, and the federal school breakfast program, 42 USC 1773, for the school year.
201	201	(b) For each day in which school is in session during the school year, provides
202	202	to any pupil who requests, at no cost to the pupil, one lunch that meets the
203	203	requirements under 7 CFR 210.10 and one breakfast that meets the requirements
204	204	of 7 CFR 220.8.
205	205	(5) (a) Beginning with reimbursements for school lunches and breakfasts
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232	232	SECTION 9
233	233	served in the 2025-26 school year, subject to par. (b), the state superintendent shall
234	234	reimburse the governing body of an eligible school all of the following amounts:
235	235	1. From the appropriation under s. 20.255 (2) (cL), for each lunch the eligible
236	236	school served under sub. (4) (b) in the prior school year, an amount equal to the
237	237	federal reimbursement rate under the national school lunch program, 42 USC 1751
238	238	to 1769j, applicable to the eligible school for serving a lunch to a pupil who satisfies
239	239	the income eligibility criteria for a free lunch under 42 USC 1758 (b) (1).
240	240	2. From the appropriation under s. 20.255 (2) (cm), for each breakfast the
241	241	eligible school served under sub. (4) (b) in the prior school year, an amount equal to
242	242	the federal reimbursement rate under the federal school breakfast program, 42
243	243	USC 1773, applicable to the eligible school for serving a breakfast to a pupil who
244	244	satisfies the income eligibility criteria for a free breakfast under 42 USC 1773 (e) (1)
245	245	(A).
246	246	(b) The state superintendent shall reduce the reimbursement amount the
247	247	state superintendent pays to the governing body of an eligible school under par. (a)
248	248	by any amount the governing body receives from the federal government as
249	249	reimbursement for the same meals.
250	250	(c) The governing body of an eligible school may charge a pupil for food or
251	251	drink items the eligible school serves to the pupil that are in addition to or different
252	252	from the meals the eligible school is required to serve to the pupil at no cost under
253	253	sub. (4) (b).
254	254	SECTION 10. 115.341 of the statutes, as affected by 2025 Wisconsin Act ....
255	255	(this act), is repealed.
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282	282	SECTION 11
283	283	SECTION 11. 115.341 (1) of the statutes is amended to read:
284	284	115.341 (1) From the appropriation under s. 20.255 (2) (cm), the state
285	285	superintendent shall reimburse each school board 15 cents for each breakfast
286	286	served at a school that meets the requirements of 7 CFR 220.8 and shall reimburse
287	287	each governing body of a private school or tribal school 15 cents for each breakfast
288	288	served at the private school or tribal school that meets the requirements of 7 CFR
289	289	220.8. This subsection does not apply to reimbursements paid in 2026-27 for
290	290	breakfasts served in the 2025-26 school year or in any school year thereafter.
291	291	SECTION 12. Nonstatutory provisions.
292	292	(1) LEGISLATIVE PURPOSE AND INTENT. It is the intent of the legislature that
293	293	no child in this state should experience hunger and that every school-age child
294	294	should benefit from access to at least 2 healthy, nutritious meals during the school
295	295	day.
296	296	(2) TRANSITIONAL PROVISION; REIMBURSEMENT FOR SCHOOL LUNCHES SERVED
297	297	IN 2024-25. Notwithstanding s. 115.34 (2), the state superintendent of public
298	298	instruction shall make payments to school districts, private schools, charter schools
299	299	under s. 118.40 (2r) and (2x), tribal schools, the program under s. 115.52, and the
300	300	center under s. 115.525 for school lunches served to children in the 2024-25 school
301	301	year as provided under s. 115.34 (2), 2023 stats.
302	302	SECTION 13. Effective dates. This act takes effect on the day after
303	303	publication, except as follows:
304	304	(1) The treatment of s. 20.255 (2) (cL), (cm), and (cn) and the repeal of s.
305	305	115.341 take effect on July 1, 2026.
306	306	(END)
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