GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
S 1
SENATE BILL 855
Short Title: Free Breakfast for K-12 Students. |
(Public) |
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Sponsors: |
Senator Mohammed (Primary Sponsor). |
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Referred to: |
Appropriations/Base Budget |
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May 27, 2022
A BILL TO BE ENTITLED
AN ACT TO PROVIDE BREAKFAST TO public school STUDENTS AT NO COST TO THE STUDENTS.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 115C‑263 reads as rewritten:
"§ 115C‑263. Required provision of services.
As a part of the function of the
public school system, local boards of education shall provide to the extent
practicable school food school nutrition services in the schools
under their jurisdiction. jurisdiction, including breakfast at no cost
to students. All school food nutrition services made
available under this authority shall be provided in accordance with standards
and regulations recommended by the Superintendent of Public Instruction and
approved by the State Board of Education."
SECTION 1.(b) G.S. 115C‑264 reads as rewritten:
"§ 115C‑264. Operation.
(a) In the operation of
their public school nutrition programs, programs pursuant to G.S. 115C‑263,
the public schools shall participate in the School Breakfast Program and
National School Lunch Program established by the federal government. government
and administered by the Department of Public Instruction. The program shall
be under the jurisdiction of the Division of School Support, Child Nutrition
Services of the School Nutrition Division of the Department of
Public Instruction and in accordance with federal guidelines as established by
the Food and Nutrition Service of the United States Department of Agriculture.
(a1) The Department of Public Instruction shall allocate sufficient funds to public schools to provide breakfast at no cost to the students who elect to receive breakfast. These funds shall supplement and not supplant any federal funds provided for the same purposes. No later than March 15, 2023, and every year thereafter that funds are made available pursuant to this section, the Department of Public Instruction shall report to the Joint Legislative Education Oversight Committee, at a minimum, the number of students electing to receive breakfast at no cost, the number of no‑cost breakfasts served, and the cost of implementing the no‑cost breakfast program.
(b) For nutritional
purposes, the public schools shall not (i) use cooking oils in their school food
nutrition programs that contain trans‑fatty acids or (ii) sell
processed foods containing trans‑fatty acids that were formed during the
commercial processing of the foods.
(c) All school food nutrition
services shall be operated on a nonprofit basis, and any earnings therefrom
over and above the cost of operation as defined herein shall be used
to reduce the cost of food, to serve better healthier food, or
to provide free or reduced‑price lunches to indigent children children,
or to provide breakfast to students at no cost to the students, and for no
other purpose. The term "cost of operation" means the actual cost
incurred in the purchase and preparation of food, the salaries of all personnel
directly engaged employed in providing food school
nutrition services, and the cost of nonfood supplies as outlined under
standards adopted by the State Board of Education. "Personnel" means child
nutrition supervisors or directors, bookkeepers directly engaged in food service
record keeping and those persons directly involved in preparing and serving
food. Child persons directly employed in the operation of the school
nutrition program. School nutrition personnel shall be paid from the funds
of food services school nutrition services only for services
rendered in on behalf of the child school nutrition
program. Any cost incurred in the provisions and maintenance of school food
services over and beyond the cost of operation shall be included in the budget
request filed annually by local boards of education with boards of county
commissioners. Public schools are not required to comply with
G.S. 115C‑522(a) in the purchase of supplies and food for such
school food nutrition services."
SECTION 2. There is appropriated from the General Fund to the Department of Public Instruction the sum of fourteen million seven hundred thousand dollars ($14,700,000) in recurring funds for the 2022‑2023 fiscal year to provide breakfast to public school students at no cost to the students in accordance with this act.
SECTION 3. This act becomes effective July 1, 2022.