As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 135


Representative Burke 

Cosponsors: Representatives Adams, J., Blessing, Celeste, Combs, Derickson, Fedor, Grossman, Letson, Murray, Stinziano 

A BILL
To amend sections 3313.813 and 3314.18 of the Revised 1
Code to require direct certification of students 2
for free school meal benefits at least five times 3
each school year.4


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

       Section 1. That sections 3313.813 and 3314.18 of the Revised 5
Code be amended to read as follows:6

       Sec. 3313.813.  (A) As used in this section:7

       (1) "Outdoor education center" means a public or nonprofit 8
private entity that provides to pupils enrolled in any public or 9
chartered nonpublic elementary or secondary school an outdoor 10
educational curriculum that the school considers to be part of its 11
educational program.12

       (2) "Outside-school-hours care center" has the meaning 13
established in 7 C.F.R. 226.2.14

       (B) The state board of education shall establish standards 15
for a school lunch program, school breakfast program, child and 16
adult care food program, special food service program for 17
children, summer food service program for children, special milk 18
program for children, food service equipment assistance program, 19
and commodity distribution program established under the "National 20
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as 21
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42 22
U.S.C. 1771, as amended. Any board of education of a school 23
district, nonprofit private school, outdoor education center, 24
child care institution, outside-school-hours care center, or 25
summer camp desiring to participate in such a program or required 26
to participate under this section shall, if eligible to 27
participate under the "National School Lunch Act," as amended, or 28
the "Child Nutrition Act of 1966," as amended, make application to 29
the state board of education for assistance. The board shall 30
administer the allocation and distribution of all state and 31
federal funds for these programs.32

       Not less than five times during each school year, the 33
department of job and family services and the department of 34
education shall directly certify to the board of education of each 35
school district and the governing authority of each participating 36
chartered nonpublic school those enrolled students eligible under 37
42 U.S.C. 1758(b) for free meal benefits. Nothing in this 38
paragraph requires a school district to remove a student from the 39
program if the student is already participating.40

       (C) The state board of education shall require the board of 41
education of each school district to establish and maintain a 42
school breakfast, lunch, and summer food service program pursuant 43
to the "National School Lunch Act" and the "Child Nutrition Act of 44
1966," as described in divisions (C)(1) to (4) of this section.45

       (1) The state board shall require the board of education in 46
each school district to establish a breakfast program in every 47
school where at least one-fifth of the pupils in the school are 48
eligible under federal requirements for free breakfasts and to 49
establish a lunch program in every school where at least one-fifth 50
of the pupils are eligible for free lunches. The board of 51
education required to establish a breakfast program under this 52
division may make a charge in accordance with federal requirements 53
for each reduced price breakfast or paid breakfast to cover the 54
cost incurred in providing that meal.55

       (2) The state board shall require the board of education in 56
each school district to establish a breakfast program in every 57
school in which the parents of at least one-half of the children 58
enrolled in the school have requested that the breakfast program 59
be established. The board of education required to establish a 60
program under this division may make a charge in accordance with 61
federal requirements for each meal to cover all or part of the 62
costs incurred in establishing such a program.63

       (3) The state board shall require the board of education in 64
each school district to establish one of the following for summer 65
intervention services described in division (D) of section 66
3301.0711 and section 3313.608 of the Revised Code and any other 67
summer intervention program required by law:68

       (a) An extension of the school breakfast program pursuant to 69
the "National School Lunch Act" and the "Child Nutrition Act of 70
1966";71

       (b) An extension of the school lunch program pursuant to 72
those acts;73

       (c) A summer food service program pursuant to those acts.74

       (4)(a) If the board of education of a school district 75
determines that, for financial reasons, it cannot comply with 76
division (C)(1) or (3) of this section, the district board may 77
choose not to comply with either or both divisions, except as 78
provided in division (C)(4)(b) of this section. The district board 79
publicly shall communicate to the residents of the district, in 80
the manner it determines appropriate, its decision not to comply.81

       (b) If a district board chooses not to comply with division 82
(C)(1) of this section, the state board nevertheless shall require 83
the district board to establish a breakfast program in every 84
school where at least one-third of the pupils in the school are 85
eligible under federal requirements for free breakfasts and to 86
establish a lunch program in every school where at least one-third 87
of the pupils are eligible for free lunches. The district board 88
may make a charge in accordance with federal requirements for each 89
reduced price breakfast or paid breakfast to cover the cost 90
incurred in providing that meal.91

       (c) If a school district cannot for good cause comply with 92
the requirements of division (C)(2) or (4)(b) of this section at 93
the time the state board determines that a district is subject to 94
these requirements, the state board shall grant a reasonable 95
extension of time. Good cause for an extension of time shall 96
include, but need not be limited to, economic impossibility of 97
compliance with the requirements at the time the state board 98
determines that a district is subject to them.99

       (D)(1) The state board shall accept the application of any 100
outdoor education center in the state making application for 101
participation in a program pursuant to division (B) of this 102
section.103

       (2) For purposes of participation in any program pursuant to 104
this section, the board shall certify any outdoor education center 105
making application as an educational unit that is part of the 106
educational system of the state, if the center:107

       (a) Meets the definition of an outdoor education center;108

       (b) Provides its outdoor education curriculum to pupils on an 109
overnight basis so that pupils are in residence at the center for 110
more than twenty-four consecutive hours;111

       (c) Operates under public or nonprofit private ownership in a 112
single building or complex of buildings.113

       (3) The board shall approve any outdoor education center 114
certified under this division for participation in the program for 115
which the center is making application on the same basis as any 116
other applicant for that program.117

       (E) Any school district board of education or chartered 118
nonpublic school that participates in a breakfast program pursuant 119
to this section may offer breakfast to pupils in their classrooms 120
during the school day.121

       (F) Notwithstanding anything in this section to the contrary, 122
in each fiscal year in which the general assembly appropriates 123
funds for purposes of this division, the board of education of 124
each school district and each chartered nonpublic school that 125
participates in a breakfast program pursuant to this section shall 126
provide a breakfast free of charge to each pupil who is eligible 127
under federal requirements for a reduced price breakfast.128

       Sec. 3314.18. (A) Subject to division (C) of this section, 129
the governing authority of each community school shall establish a 130
breakfast program pursuant to the "National School Lunch Act," 60 131
Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child 132
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, 133
if at least one-fifth of the pupils in the school are eligible 134
under federal requirements for free breakfasts, and shall 135
establish a lunch program pursuant to those acts if at least 136
one-fifth of the pupils are eligible for free lunches. The 137
governing authority required to establish a breakfast program 138
under this division may make a charge in accordance with federal 139
requirements for each reduced price breakfast or paid breakfast to 140
cover the cost incurred in providing that meal.141

       Subject to division (C) of this section, not less than five 142
times during each school year, the department of job and family 143
services and the department of education shall directly certify to 144
the governing authority of each community school those enrolled 145
students eligible under 42 U.S.C. 1758(b) for free meal benefits. 146
Nothing in this paragraph requires a governing authority to remove 147
a student from the program if the student is already 148
participating.149

       (B) Subject to division (C) of this section, the governing 150
authority of each community school shall establish one of the 151
following for summer intervention services described in division 152
(D) of section 3301.0711 and section 3313.608 of the Revised Code 153
and any other summer intervention program required by law:154

       (1) An extension of the school breakfast program pursuant to 155
the "National School Lunch Act" and the "Child Nutrition Act of 156
1966";157

       (2) An extension of the school lunch program pursuant to 158
those acts;159

       (3) A summer food service program pursuant to those acts.160

       (C) If the governing authority of a community school 161
determines that, for financial reasons, it cannot comply with 162
division (A) or (B) of this section, the governing authority may 163
choose not to comply with either or both divisions. In that case, 164
the governing authority shall communicate to the parents of its 165
students, in the manner it determines appropriate, its decision 166
not to comply. 167

       (D) The governing authority of each community school required 168
to establish a school breakfast, school lunch, or summer food 169
service program under this section shall apply for state and 170
federal funds allocated by the state board of education under 171
division (B) of section 3313.813 of the Revised Code and shall 172
comply with the state board's standards adopted under that 173
division.174

       (E) The governing authority of any community school required 175
to establish a breakfast program under this section or that elects 176
to participate in a breakfast program pursuant to the "National 177
School Lunch Act" and the "Child Nutrition Act of 1966" may offer 178
breakfast to pupils in their classrooms during the school day.179

       (F) Notwithstanding anything in this section to the contrary, 180
in each fiscal year in which the general assembly appropriates 181
funds for purposes of this division, the governing authority of 182
each community school required to establish a breakfast program 183
under this section or that elects to participate in a breakfast 184
program pursuant to the "National School Lunch Act" and the "Child 185
Nutrition Act of 1966" shall provide a breakfast free of charge to 186
each pupil who is eligible under federal requirements for a 187
reduced price breakfast.188

        (G) This section does not apply to internet- or 189
computer-based community schools.190

       Section 2. That existing sections 3313.813 and 3314.18 of the 191
Revised Code are hereby repealed.192