HOUSE BILL No. 6072

 

 

May 24, 2018, Introduced by Rep. Kosowski and referred to the Committee on Education Reform.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1272a (MCL 380.1272a), as amended by 1995 PA

 

289, and by adding section 1272e.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1272a. (1) The board of a K to 12 school district shall,

 

and the board of another school district may, establish and operate

 

a program under which lunch is made available to all full-time

 

pupils enrolled and in regular daily attendance at each public

 

school of the school district.

 

     (2) The Subject to section 1272e, the board of a K to 12

 

school district shall establish and operate a program under which

 

breakfast is made available to all full-time pupils enrolled and in

 

regular daily attendance at each public school of the school

 

district unless no more than 20% of the pupils enrolled in the

 

school building in the immediately preceding school year met the

 

income eligibility criteria for free or reduced-price lunch under

 

the federally funded school lunch program, as determined using

 

October claims reported to the department by December 31 of the

 

immediately preceding school year, and, after a public hearing on

 

the issue, which shall be held annually with notice to parents and

 

pupils, the board decides not to operate such a program in that

 

school building and publishes a public justification report

 

explaining its decision. The board of another school district may

 

establish and operate a school breakfast program.

 

     (3) To the extent permitted by federal law, the department

 

shall encourage innovative cost effective models of breakfast

 

distribution designed to maximize pupil participation.

 

     Sec. 1272e. (1) There is created the breakfast after the bell

 

nutrition program. The purpose of the program is to offer a free

 

breakfast to each pupil enrolled in a public school in which at

 

least 70% of the pupils enrolled are eligible for free or reduced-

 

cost lunch under the school lunch program.

 

     (2) Beginning in the 2019-2020 school year, and each school

 

year thereafter, except as otherwise provided in this section, each

 

public school in which at least 70% of the pupils enrolled in the

 

preceding school year were eligible for free or reduced-cost lunch

 

under the school lunch program shall offer a free breakfast to each

 

pupil enrolled in the school. If a public school falls below this

 

70% threshold for 2 consecutive school years, the public school may

 

continue participating in the program under this section but is not

required to do so. A public school that does not participate in the

 

school lunch program is not required to participate in the program

 

under this section.

 

     (3) The school board or board of directors that operates a

 

public school required to provide breakfast under subsection (2)

 

may determine the breakfast serving model that best suits the

 

pupils enrolled in the public school.

 

     (4) Not later than November 1, 2019, the department shall

 

develop and distribute guidelines for the implementation and

 

enforcement of this section. These procedures shall be in

 

compliance with the school breakfast program and school lunch

 

program.

 

     (5) The department shall annually collect information about

 

breakfast after the bell delivery models implemented at each public

 

school operating a breakfast after the bell program under this

 

section and make the information publicly available in a form and

 

manner determined by the department.

 

     (6) As used in this section, "school lunch program" means the

 

federal school lunch program established under the Richard B.

 

Russell national school lunch act, 42 USC 1751 to 1769j.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.