Bill Text: OH HB255 | 2011-2012 | 129th General Assembly | Introduced
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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Representative Gonzales
Cosponsors:
Representatives Murray, Stebelton
To amend sections 3313.813 and 3314.18 of the Revised | 1 |
Code to require school districts and community | 2 |
schools to establish school breakfast programs in | 3 |
academic emergency buildings and to make other | 4 |
changes regarding school breakfast programs. | 5 |
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 | 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 | 46 |
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. | 80 |
| 81 |
determines that, for financial reasons, it cannot comply with | 82 |
division (C)(1) | 83 |
board may choose not to comply with | 84 |
those divisions, except as provided in division (C) | 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 | 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 | 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; | 124 |
(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. | 177 |
(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 |