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H. B. No. 255 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Murray, Stebelton
A BILL
To amend sections 3313.813 and 3314.18 of the Revised
Code 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.813 and 3314.18 of the Revised
Code be amended to read as follows:
Sec. 3313.813. (A) As used in this section:
(1) "Outdoor education center" means a public or nonprofit
private entity that provides to pupils enrolled in any public or
chartered nonpublic elementary or secondary school an outdoor
educational curriculum that the school considers to be part of its
educational program.
(2) "Outside-school-hours care center" has the meaning
established in 7 C.F.R. 226.2.
(B) The state board of education shall establish standards
for a school lunch program, school breakfast program, child and
adult care food program, special food service program for
children, summer food service program for children, special milk
program for children, food service equipment assistance program,
and commodity distribution program established under the "National
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42
U.S.C. 1771, as amended. Any board of education of a school
district, nonprofit private school, outdoor education center,
child care institution, outside-school-hours care center, or
summer camp desiring to participate in such a program or required
to participate under this section shall, if eligible to
participate under the "National School Lunch Act," as amended, or
the "Child Nutrition Act of 1966," as amended, make application to
the state board of education for assistance. The board shall
administer the allocation and distribution of all state and
federal funds for these programs.
(C) The state board of education shall require the board of
education of each school district to establish and maintain a
school breakfast, lunch, and summer food service program pursuant
to the "National School Lunch Act" and the "Child Nutrition Act of
1966," as described in divisions (C)(1) to (4)(5) of this section.
(1) The state board shall require the board of education in
each school district to establish a breakfast program in every
school that was declared to be in a state of academic emergency
under section 3302.03 of the Revised Code in the most recent
ratings of school buildings published prior to the first day of
July of the school year or where at least one-fifth of the pupils
in the school are eligible under federal requirements for free
breakfasts and to establish a lunch program in every school where
at least one-fifth of the pupils are eligible for free lunches.
The district board, in consultation with its administrative
employees responsible for food services, shall include in any
improvement plan required under section 3302.041 of the Revised
Code the implementation of a breakfast program in each school
declared to be in a state of academic emergency. The plan shall
incorporate best practices for school breakfast programs. The
board of education required to establish a breakfast program under
this division may make a charge in accordance with federal
requirements for each reduced price breakfast or paid breakfast to
cover the cost incurred in providing that meal.
(2) The state board shall require the board of education in
each school district to establish a breakfast program in every
school in which the parents of at least one-half of the children
enrolled in the school have requested that the breakfast program
be established. The board of education required to establish a
program under this division may make a charge in accordance with
federal requirements for each meal to cover all or part of the
costs incurred in establishing such a program.
(3) The state board shall require the board of education in
each school district to establish a lunch program in every school
where at least one-fifth of the pupils are eligible for free
lunches.
(4) The state board shall require the board of education in
each school district to establish one of the following for summer
intervention services described in division (D) of section
3301.0711 and section 3313.608 of the Revised Code and any other
summer intervention program required by law:
(a) An extension of the school breakfast program pursuant to
the "National School Lunch Act" and the "Child Nutrition Act of
1966";
(b) An extension of the school lunch program pursuant to
those acts;
(c) A summer food service program pursuant to those acts.
(4)(5)(a) If the board of education of a school district
determines that, for financial reasons, it cannot comply with
division (C)(1) or, (3), or (4) of this section, the district
board may choose not to comply with either or both any or all of
those divisions, except as provided in division (C)(4)(5)(b) of
this section. The district board publicly shall communicate to the
residents of the district, in the manner it determines
appropriate, its decision not to comply.
In addition, the district
board shall develop a financial viability plan that will enable
the board to comply within two years.
(b) If a district board chooses not to comply with division
(C)(1) or (3) of this section, the state board nevertheless shall
require the district board to establish a breakfast program in
every school where at least one-third of the pupils in the school
are eligible under federal requirements for free breakfasts and or
to establish a lunch program in every school where at least
one-third of the pupils are eligible for free lunches, as
applicable. The district board may make a charge in accordance
with federal requirements for each reduced price breakfast or paid
breakfast to cover the cost incurred in providing that meal.
(c) If a school district cannot for good cause comply with
the requirements of division (C)(2) or (4)(5)(b) of this section
at the time the state board determines that a district is subject
to these requirements, the state board shall grant a reasonable
extension of time. Good cause for an extension of time shall
include, but need not be limited to, economic impossibility of
compliance with the requirements at the time the state board
determines that a district is subject to them.
The state board
shall require the district board to develop, and submit to the
department of education, a plan that will enable the district
board to comply with the requirements of division (C)(2) or (5)(b)
of this section not later than the date on which the extension
granted under this division expires. The state board may renew the
extension if the district board is still unable to comply upon the
extension's expiration.
(D)(1) The state board shall accept the application of any
outdoor education center in the state making application for
participation in a program pursuant to division (B) of this
section.
(2) For purposes of participation in any program pursuant to
this section, the board shall certify any outdoor education center
making application as an educational unit that is part of the
educational system of the state, if the center:
(a) Meets the definition of an outdoor education center;
(b) Provides its outdoor education curriculum to pupils on an
overnight basis so that pupils are in residence at the center for
more than twenty-four consecutive hours;
(c) Operates under public or nonprofit private ownership in a
single building or complex of buildings.
(3) The board shall approve any outdoor education center
certified under this division for participation in the program for
which the center is making application on the same basis as any
other applicant for that program.
(E) Any school district board of education or chartered
nonpublic school that participates in a breakfast program pursuant
to this section may offer breakfast to pupils in their classrooms
during the school day.
(F) Notwithstanding anything in this section to the contrary,
in each fiscal year in which the general assembly appropriates
funds for purposes of this division, the board of education of
each school district and each chartered nonpublic school that
participates in a breakfast program pursuant to this section shall
provide a breakfast free of charge to each pupil who is eligible
under federal requirements for a reduced price breakfast.
Sec. 3314.18. (A) Subject to division (C) of this section,
the governing authority of each community school shall establish a
breakfast program pursuant to the "National School Lunch Act," 60
Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,
if at least one-fifth of the pupils in the school are eligible
under federal requirements for free breakfasts or the school was
declared to be in a state of academic emergency under section
3302.03 of the Revised Code in the most recent ratings of school
buildings published prior to the first day of July of the school
year, and shall establish a lunch program pursuant to those acts
if at least one-fifth of the pupils are eligible for free lunches.
If the school has been declared to be in a state of academic
emergency, the governing authority shall include in any
improvement plan required under section 3302.041 of the Revised
Code the implementation of the breakfast program required by this
division. The plan shall incorporate best practices for school
breakfast programs. The governing authority required to establish
a breakfast program under this division may make a charge in
accordance with federal requirements for each reduced price
breakfast or paid breakfast to cover the cost incurred in
providing that meal.
(B) Subject to division (C) of this section, the governing
authority of each community school shall establish one of the
following for summer intervention services described in division
(D) of section 3301.0711 and section 3313.608 of the Revised Code
and any other summer intervention program required by law:
(1) An extension of the school breakfast program pursuant to
the "National School Lunch Act" and the "Child Nutrition Act of
1966";
(2) An extension of the school lunch program pursuant to
those acts;
(3) A summer food service program pursuant to those acts.
(C) If the governing authority of a community school
determines that, for financial reasons, it cannot comply with
division (A) or (B) of this section, the governing authority may
choose not to comply with either or both divisions. In that case,
the governing authority shall communicate to the parents of its
students, in the manner it determines appropriate, its decision
not to comply.
In addition, the governing authority shall develop
a financial viability plan that will enable the governing
authority to comply within two years.
(D) The governing authority of each community school required
to establish a school breakfast, school lunch, or summer food
service program under this section shall apply for state and
federal funds allocated by the state board of education under
division (B) of section 3313.813 of the Revised Code and shall
comply with the state board's standards adopted under that
division.
(E) The governing authority of any community school required
to establish a breakfast program under this section or that elects
to participate in a breakfast program pursuant to the "National
School Lunch Act" and the "Child Nutrition Act of 1966" may offer
breakfast to pupils in their classrooms during the school day.
(F) Notwithstanding anything in this section to the contrary,
in each fiscal year in which the general assembly appropriates
funds for purposes of this division, the governing authority of
each community school required to establish a breakfast program
under this section or that elects to participate in a breakfast
program pursuant to the "National School Lunch Act" and the "Child
Nutrition Act of 1966" shall provide a breakfast free of charge to
each pupil who is eligible under federal requirements for a
reduced price breakfast.
(G) This section does not apply to internet- or
computer-based community schools.
Section 2. That existing sections 3313.813 and 3314.18 of
the Revised Code are hereby repealed.
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