Bill Text: HI HB1540 | 2024 | Regular Session | Introduced


Bill Title: Relating To School Meals.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced) 2024-02-08 - The committee(s) on EDN recommend(s) that the measure be deferred. [HB1540 Detail]

Download: Hawaii-2024-HB1540-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1540

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to school meals.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the community eligibility provision is a federal program that provides federal funds to state boards of education to make free breakfasts and lunches available to all students in participating schools.

     The legislature further finds that according to a recent study released by the National Bureau of Economic Research, schools that participated in the community eligibility provision had lower school suspension rates.  Free student meal programs also reduce child hunger and food insecurity, improve student health and well-being, and prepare children to learn.

     The legislature believes that students should be provided access to free nutritional meals and that participation in the community eligibility provision can improve this access.  Additionally, the benefits of free meals include reducing the amount of staff time spent on processing paperwork, reducing debt associated with delinquent meal accounts, and ensuring that any student requesting a meal can receive a meal regardless of their ability to pay.

     The purpose of this Act is to maximize the receipt of federal funds available for free school meals by requiring eligible schools to participate in the community eligibility provision.

     SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part II, subpart C, to be appropriately designated and to read as follows:

     "§302A-     Free meals for all students; federal community eligibility provision.  (a)  Through the department, each qualified public school that has an identified student percentage equal to or greater than the minimum identified student percentage shall elect the reimbursement option of the community eligibility provision; provided that if all public schools as a collective entity would qualify, the department shall elect the reimbursement option of the community eligibility provision for all public schools.

     (b)  The department shall provide technical assistance to schools to comply with the requirements of this section and to assess qualifications for participation in the community eligibility provision.

     (c)  In compliance with 7 C.F.R. section 245.9(f)(4)(vii), the department shall reimburse any cost differential.

     (d)  It is the intent of this section not to jeopardize the receipt of any federal aid.  To the extent necessary to effectuate this intent, the governor may modify the strict provisions of this section but shall promptly report any such modification, with the governor's reasons therefor, to the legislature for review before the next succeeding session.

     (e)  For purposes of this section:

     "Community eligibility provision" means the federal program created by 42 U.S.C. section 1759a(a)(1)(F) and 7 C.F.R. section 245.9(f) that allows local educational agencies to choose to receive federal special assistance payments for school meals in exchange for providing free school meals to all students enrolled in all or selected schools of the local educational agency.

     "Local educational agency" shall have the same meaning as in 7 C.F.R. section 245.2.

     "Minimum identified student percentage" means the percentage established by 7 C.F.R. section 245.9(f)(3)(i)."

     SECTION 3.  Section 302A-405, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  [The] Unless required for participation in any federal program, the price for school meals shall be set by the department to ensure that moneys received from the sale of the meals shall be not less than one-half of the cost of preparing the meals.  The prices for school meals may be adjusted annually based on the previous year's costs rounded to the nearest five cents; provided that the department by rule shall provide a lower rate or free meals to children based on their economic need.

     (b)  All moneys received by or for the public school cafeterias from the sale of meals, the sale of services, the federal government, or any other source, shall be deposited in one special school [lunch] meal fund.  Except as otherwise provided by the legislature, all expenditures for the operation of public school cafeterias shall be made from this fund."

     SECTION 4.  In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $          , or       per cent.  The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the needs provided for by this Act.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $          or so much thereof as may be necessary for fiscal year 2024-2025 for payment of any cost differential under 7 C.F.R. 245.9(f)(4)(vii).

     The sum appropriated shall be expended by the department of education for the purposes of this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2024.

 

INTRODUCED BY:

_____________________________

 

 



 

Report Title:

Public Schools; Lunches; Breakfasts; Department of Education; Community Eligibility Provision; Federal Funds; Appropriation

 

Description:

Requires eligible schools to participate in the federal Community Eligibility Provision, which provides federal funds to help schools offer free meals to all students.  Appropriates moneys for any difference between federal funds amounts and costs of providing free meals.  Declares that the general fund expenditure ceiling will be exceeded.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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