Bill Text: MS HB1182 | 2024 | Regular Session | Introduced
Bill Title: School breakfast and lunch program; authorize districts to provide at no cost to students.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB1182 Detail]
Download: Mississippi-2024-HB1182-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education; Appropriations A
By: Representatives Nelson, Butler-Washington, McCray
House Bill 1182
AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ANNUALLY DETERMINE THE AMOUNT OF STATE FUNDS NEEDED TO PROVIDE A STATEWIDE SCHOOL BREAKFAST AND LUNCH PROGRAMS FOR ALL PUBLIC SCHOOL STUDENTS, WHICH SHALL BE OFFERED AT NO COST TO STUDENTS WHO QUALIFY FOR REDUCED PRICE MEALS UNDER FEDERAL AND STATE GUIDELINES; TO PROVIDE FOR THE SOURCE OF FUNDING TO ENSURE STUDENTS EAT FREE OF CHARGE; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE RULES AND REGULATIONS FOR THE ADMINISTRATION OF SCHOOL BREAKFAST AND LUNCH PROGRAMS; TO ENCOURAGE THE USE OF MISSISSIPPI GROWN PRODUCTS IN SCHOOL BREAKFAST AND LUNCH PROGRAMS; TO AMEND SECTIONS 37-11-7 AND 37-28-53, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) The State Board of Education shall annually determine the amount of state funds needed to provide a statewide school lunch program to offer quality and healthy meals to students enrolled in the public schools in this state, and that amount shall include, but shall not be limited to, funds sufficient to ensure that meals are offered at no cost to the students who are eligible for reduced price meals under federal and state guidelines.
(b) The State Board of Education shall promulgate rules and regulations which:
(i) Establish minimum nutritional requirements for school lunch programs and school breakfast programs which meet or exceed the minimum federal regulations;
(ii) Utilize federal standards of income eligibility for free or reduced price meals for low-income students;
(iii) Prescribe uniform methods of determining eligibility for free or reduced price meals that are discreet and accessible, and requiring each participating local school district to establish a method to regularly notify parents of the availability of such programs;
(iv) Provide that each participating local school district submit a plan of compliance;
(v) Provide that compliance with the standards and regulations of the "National School Lunch Act" and "Child Nutrition Act of 1966," as amended, shall be deemed compliance
with the requirements promulgated by the board;
(vi) Assist participating local school district in applying for and obtaining grant money for such programs; and
(vii) Encourage and assist participating local school districts in using Mississippi grown produce, dairy and poultry products.
(2) Each local school district operating a school breakfast program pursuant to Section 37-11-7(3) shall be reimbursed by the state at the federal reimbursement rate per eligible meal prepared and served.
(3) An application of millage or percentage rate required for the local revenue effort in support of the adequate education program, pursuant to Section 37-151-7(2) shall not be made for payments to local school districts under this section. Any state funds appropriated for this purpose shall be used to supplement federal funds as a means of maximizing student participation in school lunch programs and school breakfast programs, ensuring that meals are offered at no charge to all students enrolled in a public school in this state, and ensuring quality and healthy meals for all such students.
(4) (a) The State Board of Education shall establish a system of allotments of funds to local school boards to provide for services rendered on a nine-month basis by school food and nutrition personnel. The amount of funds paid to any local school district shall be paid in twelve (12) monthly payments, and shall be based upon the number of full-time equivalent school lunch food and nutrition positions needed to plan, prepare and serve meals in that local school district, multiplied by an annual base payment. For each school food and nutrition manager, the local school board
shall earn the base payment as well as an amount not to exceed One Hundred Dollars ($100.00) per month.
(b) The base payment shall be calculated on the basis of one hundred eighty days (180) in an annual school year for a full-time equivalent school lunch food and nutrition position, multiplied by an amount not less than One Hundred Sixty-one Dollars ($161.00) per month for twelve (12) months. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions.
SECTION 2. Section 37-11-7, Mississippi Code of 1972, is amended as follows:
37-11-7. (1) The State of Mississippi does hereby accept and avail itself of all the provisions and benefits of acts passed by the Senate and House of Representatives of the United States of America in Congress assembled on June 4, 1946, known as the "National School Lunch Act," Chapter 281, 60 Stat 230, and on October 11, 1966, known as the "Child Nutrition Act," 80 Stat 885.
(2) The State Department of
Education is hereby designated and appointed as the state agency in Mississippi
to carry out and execute the functions and duties required of a state agency
under the terms and provisions of * * * those acts and to administer the
funds made available by the federal government for the school lunch and other
child nutrition programs for and in the State of Mississippi under the
provisions of * * *
those acts. For * * *such that purpose, the State Superintendent of Public
Education is hereby authorized and empowered to do any and all things which may
be required under the terms of * * * those acts to enable the State of
Mississippi to receive the benefits thereof, to enter into any and all
agreements and contracts with any officer or agency of the United States of
America, or any other person, agency or political subdivision, that may be
necessary, expedient or advisable in administering * * * those acts, and to appoint and
employ a state supervisor of the child nutrition programs and * * * any other administrative,
supervisory, stenographic and clerical personnel as may be necessary in the
administration of * * *
those acts.
(3) Each local school district is encouraged to establish and support a school breakfast program to make breakfast available to students. Each local school district shall establish and support a school breakfast program in: (i) all schools with kindergarten through Grade 8 if at least fifteen percent (15%) of the student population is eligible for free or reduced price lunch under the federal guidelines; and (ii) in all schools not containing kindergarten through Grade 8 if at least twenty-five percent (25%) of the student population is eligible for free or reduced price lunch under the federal guidelines.
( * * *4) The local school boards of
any combination of school districts may authorize by resolution the
organization and operation of, or the participation in, a group purchase
program with other participating child nutrition operators for the purchase of
commodities, supplies, equipment and services provided under the school lunch
and child nutrition programs, when it appears to * * * the participating child nutrition
operators that a group purchase program shall effect economy or efficiency in
such operation. The State Department of Education may administer * * * the group purchase program to
provide commodities, supplies, equipment and services under the school lunch
and child nutrition programs and may charge and collect reasonable fees from
participating operators for the actual cost of administering * * * the group purchase program. Purchases
by participating operators in * * * the group purchasing programs shall
not be exempt from public bid requirements as prescribed in Sections 31-7-12
and 31-7-13 * * *.
( * * *5) The State Treasurer is hereby
designated and appointed custodian of all monies received by the state from
appropriations made to carry out the provisions of * * * the acts of Congress, and he is
authorized to receive and to provide for the proper custody of same, and to
make disbursements thereof in the manner provided for in * * * those acts and for the purposes
therein specified.
SECTION 3. Section 37-28-53, Mississippi Code of 1972, is amended as follows:
37-28-53. (1) Each charter school shall certify annually to the State Department of Education its student enrollment, average daily attendance and student participation in the national school lunch program, special education, vocational education, gifted education, alternative school program and federal programs in the same manner as school districts.
(2) Each charter school shall certify annually to the school board of the school district in which the charter school is located the number of enrolled charter school students residing in the school district.
(3) Each charter school shall automatically qualify for funding from the State Department of Education to ensure that meals are offered at no cost to the students enrolled in the chartered school who are eligible for reduced price meals under federal and state guidelines.
SECTION 4. This act shall take effect and be in force from and after July 1, 2024.
