Bill Text: OH HB255 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To require school districts and community schools to establish school breakfast programs in academic emergency buildings and to make other changes regarding school breakfast programs.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2011-06-08 - To Education [HB255 Detail]

Download: Ohio-2011-HB255-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 255

Representative Gonzales 

Cosponsors: Representatives Murray, Stebelton 

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A BILL

To amend sections 3313.813 and 3314.18 of the Revised

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Code to require school districts and community

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schools to establish school breakfast programs in

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academic emergency buildings and to make other

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changes regarding school breakfast programs.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3313.813 and 3314.18 of the Revised	6
Code be amended to read as follows:	7

Sec. 3313.813.  (A) As used in this section:

8

(1) "Outdoor education center" means a public or nonprofit	9
private entity that provides to pupils enrolled in any public or	10
chartered nonpublic elementary or secondary school an outdoor	11
educational curriculum that the school considers to be part of its	12
educational program.	13

(2) "Outside-school-hours care center" has the meaning	14
established in 7 C.F.R. 226.2.	15

(B) The state board of education shall establish standards	16
for a school lunch program, school breakfast program, child and	17
adult care food program, special food service program for	18
children, summer food service program for children, special milk	19
program for children, food service equipment assistance program,	20
and commodity distribution program established under the "National	21
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	22
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42	23
U.S.C. 1771, as amended. Any board of education of a school	24
district, nonprofit private school, outdoor education center,	25
child care institution, outside-school-hours care center, or	26
summer camp desiring to participate in such a program or required	27
to participate under this section shall, if eligible to	28
participate under the "National School Lunch Act," as amended, or	29
the "Child Nutrition Act of 1966," as amended, make application to	30
the state board of education for assistance. The board shall	31
administer the allocation and distribution of all state and	32
federal funds for these programs.	33

(C) The state board of education shall require the board of	34
education of each school district to establish and maintain a	35
school breakfast, lunch, and summer food service program pursuant	36
to the "National School Lunch Act" and the "Child Nutrition Act of	37
1966," as described in divisions (C)(1) to (4)(5) of this section.	38

(1) The state board shall require the board of education in	39
each school district to establish a breakfast program in every	40
school that was declared to be in a state of academic emergency	41
under section 3302.03 of the Revised Code in the most recent	42
ratings of school buildings published prior to the first day of	43
July of the school year or where at least one-fifth of the pupils	44
in the school are eligible under federal requirements for free	45
breakfasts and to establish a lunch program in every school where	46
at least one-fifth of the pupils are eligible for free lunches.	47
The district board, in consultation with its administrative	48
employees responsible for food services, shall include in any	49
improvement plan required under section 3302.041 of the Revised	50
Code the implementation of a breakfast program in each school	51
declared to be in a state of academic emergency. The plan shall	52
incorporate best practices for school breakfast programs. The	53
board of education required to establish a breakfast program under	54
this division may make a charge in accordance with federal	55
requirements for each reduced price breakfast or paid breakfast to	56
cover the cost incurred in providing that meal.	57

(2) The state board shall require the board of education in	58
each school district to establish a breakfast program in every	59
school in which the parents of at least one-half of the children	60
enrolled in the school have requested that the breakfast program	61
be established. The board of education required to establish a	62
program under this division may make a charge in accordance with	63
federal requirements for each meal to cover all or part of the	64
costs incurred in establishing such a program.	65

(3) The state board shall require the board of education in	66
each school district to establish a lunch program in every school	67
where at least one-fifth of the pupils are eligible for free	68
lunches.	69

(4) The state board shall require the board of education in	70
each school district to establish one of the following for summer	71
intervention services described in division (D) of section	72
3301.0711 and section 3313.608 of the Revised Code and any other	73
summer intervention program required by law:	74

(a) An extension of the school breakfast program pursuant to	75
the "National School Lunch Act" and the "Child Nutrition Act of	76
1966";	77

(b) An extension of the school lunch program pursuant to	78
those acts;	79

(c) A summer food service program pursuant to those acts.

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(4)(5)(a) If the board of education of a school district	81
determines that, for financial reasons, it cannot comply with	82
division (C)(1) or, (3), or (4) of this section, the district	83
board may choose not to comply with either or bothany or all of	84
those divisions, except as provided in division (C)(4)(5)(b) of	85
this section. The district board publicly shall communicate to the	86
residents of the district, in the manner it determines	87
appropriate, its decision not to comply. In addition, the district	88
board shall develop a financial viability plan that will enable	89
the board to comply within two years.	90

(b) If a district board chooses not to comply with division	91
(C)(1) or (3) of this section, the state board nevertheless shall	92
require the district board to establish a breakfast program in	93
every school where at least one-third of the pupils in the school	94
are eligible under federal requirements for free breakfasts andor	95
to establish a lunch program in every school where at least	96
one-third of the pupils are eligible for free lunches, as	97
applicable. The district board may make a charge in accordance	98
with federal requirements for each reduced price breakfast or paid	99
breakfast to cover the cost incurred in providing that meal.	100

(c) If a school district cannot for good cause comply with	101
the requirements of division (C)(2) or (4)(5)(b) of this section	102
at the time the state board determines that a district is subject	103
to these requirements, the state board shall grant a reasonable	104
extension of time. Good cause for an extension of time shall	105
include, but need not be limited to, economic impossibility of	106
compliance with the requirements at the time the state board	107
determines that a district is subject to them. The state board	108
shall require the district board to develop, and submit to the	109
department of education, a plan that will enable the district	110
board to comply with the requirements of division (C)(2) or (5)(b)	111
of this section not later than the date on which the extension	112
granted under this division expires. The state board may renew the	113
extension if the district board is still unable to comply upon the	114
extension's expiration.	115

(D)(1) The state board shall accept the application of any	116
outdoor education center in the state making application for	117
participation in a program pursuant to division (B) of this	118
section.	119

(2) For purposes of participation in any program pursuant to	120
this section, the board shall certify any outdoor education center	121
making application as an educational unit that is part of the	122
educational system of the state, if the center:	123

(a) Meets the definition of an outdoor education center;

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(b) Provides its outdoor education curriculum to pupils on an	125
overnight basis so that pupils are in residence at the center for	126
more than twenty-four consecutive hours;	127

(c) Operates under public or nonprofit private ownership in a	128
single building or complex of buildings.	129

(3) The board shall approve any outdoor education center	130
certified under this division for participation in the program for	131
which the center is making application on the same basis as any	132
other applicant for that program.	133

(E) Any school district board of education or chartered	134
nonpublic school that participates in a breakfast program pursuant	135
to this section may offer breakfast to pupils in their classrooms	136
during the school day.	137

(F) Notwithstanding anything in this section to the contrary,	138
in each fiscal year in which the general assembly appropriates	139
funds for purposes of this division, the board of education of	140
each school district and each chartered nonpublic school that	141
participates in a breakfast program pursuant to this section shall	142
provide a breakfast free of charge to each pupil who is eligible	143
under federal requirements for a reduced price breakfast.	144

Sec. 3314.18. (A) Subject to division (C) of this section,	145
the governing authority of each community school shall establish a	146
breakfast program pursuant to the "National School Lunch Act," 60	147
Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	148
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	149
if at least one-fifth of the pupils in the school are eligible	150
under federal requirements for free breakfasts or the school was	151
declared to be in a state of academic emergency under section	152
3302.03 of the Revised Code in the most recent ratings of school	153
buildings published prior to the first day of July of the school	154
year, and shall establish a lunch program pursuant to those acts	155
if at least one-fifth of the pupils are eligible for free lunches.	156
If the school has been declared to be in a state of academic	157
emergency, the governing authority shall include in any	158
improvement plan required under section 3302.041 of the Revised	159
Code the implementation of the breakfast program required by this	160
division. The plan shall incorporate best practices for school	161
breakfast programs. The governing authority required to establish	162
a breakfast program under this division may make a charge in	163
accordance with federal requirements for each reduced price	164
breakfast or paid breakfast to cover the cost incurred in	165
providing that meal.	166

(B) Subject to division (C) of this section, the governing	167
authority of each community school shall establish one of the	168
following for summer intervention services described in division	169
(D) of section 3301.0711 and section 3313.608 of the Revised Code	170
and any other summer intervention program required by law:	171

(1) An extension of the school breakfast program pursuant to	172
the "National School Lunch Act" and the "Child Nutrition Act of	173
1966";	174

(2) An extension of the school lunch program pursuant to	175
those acts;	176

(3) A summer food service program pursuant to those acts.

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(C) If the governing authority of a community school	178
determines that, for financial reasons, it cannot comply with	179
division (A) or (B) of this section, the governing authority may	180
choose not to comply with either or both divisions. In that case,	181
the governing authority shall communicate to the parents of its	182
students, in the manner it determines appropriate, its decision	183
not to comply. In addition, the governing authority shall develop	184
a financial viability plan that will enable the governing	185
authority to comply within two years.	186

(D) The governing authority of each community school required	187
to establish a school breakfast, school lunch, or summer food	188
service program under this section shall apply for state and	189
federal funds allocated by the state board of education under	190
division (B) of section 3313.813 of the Revised Code and shall	191
comply with the state board's standards adopted under that	192
division.	193

(E) The governing authority of any community school required	194
to establish a breakfast program under this section or that elects	195
to participate in a breakfast program pursuant to the "National	196
School Lunch Act" and the "Child Nutrition Act of 1966" may offer	197
breakfast to pupils in their classrooms during the school day.	198

(F) Notwithstanding anything in this section to the contrary,	199
in each fiscal year in which the general assembly appropriates	200
funds for purposes of this division, the governing authority of	201
each community school required to establish a breakfast program	202
under this section or that elects to participate in a breakfast	203
program pursuant to the "National School Lunch Act" and the "Child	204
Nutrition Act of 1966" shall provide a breakfast free of charge to	205
each pupil who is eligible under federal requirements for a	206
reduced price breakfast.	207

(G) This section does not apply to internet- or	208
computer-based community schools.	209

Section 2.  That existing sections 3313.813 and 3314.18 of	210
the Revised Code are hereby repealed.	211