STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 2058	By:	Inman

AS INTRODUCED

An Act relating to schools; requiring public school districts to promulgate plan for food service program for certain schools; permitting school district to opt out of program if approved by State Superintendent of Public Instruction; providing ability to appeal certain decision; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-116.4 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  No later than January 15, 2014, each public school district in this state shall promulgate a plan to have a summer breakfast or lunch, or both, food service program for each school:
1.  In which at least eighty-five percent (85%) of the students are eligible for free or reduced-price school meals; and
2.  That has a summer school program.  The plan shall be implemented during the summer of 2014.  Each summer food service program shall operate for the duration of the school’s summer school program.
B.  If the school district has one or more elementary schools that qualify, the summer food service program shall be operated in a manner that ensures all eligible students receive services.  If a school in which at least eighty-five percent (85%) of the students are eligible for free or reduced-price school meals is not open during the summer months, the school shall provide information regarding the number of children in the school who are eligible for free or reduced-price school meals upon request by a not-for-profit entity.  Summer food service programs established under this section shall be supported by federal funds and commodities and other available state and local resources.
C.  A school district may opt out of the summer food service program if it is determined that, due to circumstances specific to that school district, the expense reimbursement would not fully cover the costs of implementing and operating a summer food service program.  The school district shall petition the State Superintendent of Public Instruction by January 15 to request to be exempt from the summer food service program requirement.  The petition shall include all legitimate costs associated with implementing and operating a summer food service program, the estimated reimbursement from state and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a program to be cost prohibitive.  The State Superintendent of Public Instruction or designee shall review the petition.  A public hearing shall be held to hear testimony from the school district and interested community members.  The State Superintendent of Public Instruction shall, by March 1, inform the school district of the decision, along with the reasons why the exemption was granted or denied, in writing.  If the State Superintendent of Public Instruction grants an exemption to the school district, the school district is relieved from the requirement to establish and implement a summer food service program.
D.  If the State Superintendent of Public Instruction does not grant an exemption to the school district, the school district shall implement and operate a summer food service program in accordance with this section the summer following the current school year.  However, the school district or a resident of the school district may appeal the decision of the State Superintendent of Public Instruction.  If the appeal is granted, the school district is relieved from the requirement to implement and operate a summer food service program.  If the appeal is not granted, the school district shall implement and operate a summer food service program in accordance with this section the summer following the current school year.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-5525	AM	01/10/13