Utah 2026 General Session Status: To Executive 2 R cosponsors

HB 440 — School Lunch Amendments

Last action — House/ filed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced January 30, 2026. It awaits signature.

Next likely step: the executive signs it into law or issues a veto.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 46% · moderate confidence
  • To Executive

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

266 added · 232 removed

Plain-language change summary

The revised version of HB 440 introduces some changes focused on school meals and recess in public schools. Notably, it establishes a "share table" program that allows students to anonymously donate excess food, aims for a school lunch target goal, and mandates annual meal planning meetings. Additionally, it adds requirements for recess in elementary schools to ensure that children have sufficient playtime. These updates are important as they promote healthier eating habits and physical activity among students.

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HB0440S02 compared with HB0440S01 {Omitted text} shows text that was in HB0440S01 but was omitted in HB0440S02 inserted text shows text that was not in HB0440S01 but was inserted into HB0440S02 DISCLAIMER:
HB0440S02 compared with HB0440 {Omitted text} shows text that was in HB0440 but was omitted in HB0440S02 inserted text shows text that was not in HB0440 but was inserted into HB0440S02 DISCLAIMER:
This bill enacts provisions related to school community councils {and meals } , school meals, and recess in public school.
This bill enacts provisions related to {meals served in a public } school community councils, school meals, and recess in {an elementary } public school.
▸ requires a local education agency to establish a share table program;
▸ requires a local education {agencies } agency to establish a share table program;
▸ requires a school community council and a charter school's wellness committee or a charter trust land council to hold a school lunch planning meeting;
▸ requires {elementary schools and } a school community {councils } council and a charter school's wellness committee or a charter trust land council to hold {an annual } a school lunch planning meeting;
H ▸ {requires the State Board of Education to research best practices related to school Bunch;} ▸ creates certain requirements regarding recess in an elementary school;
▸ {requires the State Board of Education to research best practices related to school Hunch;} ▸ creates certain requirements regarding recess in an elementary school;
and 0 ▸ makes technical and conforming changes.
and B ▸ makes technical and conforming changes.
Money Appropriated in this Bill:
4 Money Appropriated in this Bill:
S None 1 HB0440S01 compared with HB0440S02 Other Special Clauses:
HB0440 compared with HB0440S02 None Other Special Clauses:
53G-7-1207 , Utah Code Annotated 1953 53G-9-216 , Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
53G-7-1207 , Utah Code Annotated 1953 53G-9-216 , Utah Code Annotated 1953 {53G-9-217 , Utah Code Annotated 1953} Be it enacted by the Legislature of the state of Utah:
(i) subject to legislative appropriations, reimburse an LEA for each reimbursable lunch provided under this section in an amount equal to the difference between the federal reimbursement rates for a meal and a reduced-price meal, as determined annually by the United States Department of Agriculture;
- 2 - HB0440 compared with HB0440S02 (i) subject to legislative appropriations, reimburse an LEA for each reimbursable lunch provided under this section in an amount equal to the difference between the federal reimbursement rates for a meal and a reduced-price meal, as determined annually by the United States Department of Agriculture;
- 2 - HB0440S01 compared with HB0440S02 (ii) establish a reimbursement system where the board provides a monthly reimbursement to an LEA that provides a meal under Subsection (2);
(ii) establish a reimbursement system where the board provides a monthly reimbursement to an LEA that provides a meal under Subsection (2);
(a) "Digital citizenship" means the norms of appropriate, responsible, and healthy behavior related to technology use, including digital literacy, ethics, etiquette, and security.
- 3 - HB0440 compared with HB0440S02 (a) "Digital citizenship" means the norms of appropriate, responsible, and healthy behavior related to technology use, including digital literacy, ethics, etiquette, and security.
- 3 - HB0440S01 compared with HB0440S02 (c) (i) "Parent member" means a member of a school community council who is a parent of a student who:
(c) (i) "Parent member" means a member of a school community council who is a parent of a student who:
(ii) hold a school lunch planning meeting in accordance with Section 53G-7-1207;
- 4 - HB0440 compared with HB0440S02 (ii) hold a school lunch planning meeting in accordance with Section 53G-7-1207;
- 4 - HB0440S01 compared with HB0440S02 (A) the school and its programs;
(A) the school and its programs;
(c) A school or school district administrator may not prohibit or discourage a school community council from discussing issues, or offering advice or recommendations, regarding the school and its programs, school district programs, the curriculum, or the community environment for students.
- 5 - HB0440 compared with HB0440S02 (c) A school or school district administrator may not prohibit or discourage a school community council from discussing issues, or offering advice or recommendations, regarding the school and its programs, school district programs, the curriculum, or the community environment for students.
(4) - 5 - HB0440S01 compared with HB0440S02 (a) Except as provided in Subsection (4)(e), each school community council shall consist of school employee members and parent members in accordance with this section.
(4) (a) Except as provided in Subsection (4)(e), each school community council shall consist of school employee members and parent members in accordance with this section.
(5) (a) Except as provided in Subsection (5)(f), a school employee member, other than the principal, shall be elected by secret ballot by a majority vote of the school employees and serve a two-year term.
(5) - 6 - HB0440 compared with HB0440S02 (a) Except as provided in Subsection (5)(f), a school employee member, other than the principal, shall be elected by secret ballot by a majority vote of the school employees and serve a two-year term.
(b) - 6 - HB0440S01 compared with HB0440S02 (i) Except as provided in Subsection (5)(f), a parent member shall be elected by secret ballot at an election held at the school by a majority vote of those voting at the election and serve a two-year term.
(b) (i) Except as provided in Subsection (5)(f), a parent member shall be elected by secret ballot at an election held at the school by a majority vote of those voting at the election and serve a two-year term.
(iii) The principal of the school, or the principal's designee, shall oversee the elections held under Subsections (5)(a) and (5)(b).
- 7 - HB0440 compared with HB0440S02 (iii) The principal of the school, or the principal's designee, shall oversee the elections held under Subsections (5)(a) and (5)(b).
- 7 - HB0440S01 compared with HB0440S02 (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made available to the public upon request.
(d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made available to the public upon request.
and (ii) a vice chair from either its parent members or school employee members, excluding the principal.
and - 8 - HB0440 compared with HB0440S02 (ii) a vice chair from either its parent members or school employee members, excluding the principal.
- 8 - HB0440S01 compared with HB0440S02 (i) advise or make recommendations to the council;
(i) advise or make recommendations to the council;
(4) A charter school governing board may serve as the charter school's council if the membership of the charter school governing board meets the requirements of Subsection (3)(b).
- 9 - HB0440 compared with HB0440S02 (4) A charter school governing board may serve as the charter school's council if the membership of the charter school governing board meets the requirements of Subsection (3)(b).
(5) - 9 - HB0440S01 compared with HB0440S02 (a) Except as provided in Subsection (5)(b), council members who are parents or grandparents of students enrolled at the school shall be elected in accordance with procedures established by the charter school governing board.
(5) (a) Except as provided in Subsection (5)(b), council members who are parents or grandparents of students enrolled at the school shall be elected in accordance with procedures established by the charter school governing board.
(9) A charter trust land council {shall } may hold a school lunch planning meeting in accordance with Section 53G-7-1207.
(9) A charter trust land council may hold a school lunch planning meeting in accordance with Section 53G-7-1207.
School lunch planning meeting {-- Target goal} .
School lunch planning meeting.
{(1) {As used in this section:} } (a){(1)} {"School} As used in this section, "school" means a district or charter school that provides instruction to a student in kindergarten or grade 1, 2, 3, 4, 5, or 6.
(1) As used in this section, "school" means a district or charter school that provides instruction to a student in kindergarten or grade 1, 2, 3, 4, 5, or 6.
{(b) {"School lunch target goal" means a minimum standard that each elementary school seeks to achieve by:} } {(i) {providing a student with a minimum of 20 minutes of [seated ]eating time to consume lunch;
A school community council and a charter school's wellness committee or charter trust land council shall:
and} } {(ii) {scheduling lunch recess to occur immediately prior to the lunch period in the daily schedule.} } (2) A school community council and a charter school's wellness committee or charter trust land council shall:
(1){(a)} {in accordance with the requirements of Section 53G-7-1203, } hold {a } an annual school lunch planning meeting to:
(a) hold {a } an annual school lunch planning meeting to:
and - 10 - HB0440S01 compared with HB0440S02 {[(B) the research the state board provides in under Subsection (3), on recess ][schedules and student eating time;
and (B) the survey results from the survey described in Subsection (2)(c)(i);
and]} (B){[{(C)} {]} {{(B)} }{} ←Ĥ } the survey results from the survey described in Subsection {(c)(i)} (2) (c)(i);
- 10 - HB0440 compared with HB0440S02 (ii) propose a plan for how each school can work toward implementing the policies described in the state board's model policy on health and wellness regarding school lunch;
(ii) {plan } propose a plan for how each school can work toward {achieving } implementing the policies described in the state board's model policy on health and wellness regarding school lunch {target goal} ;
and (a){(iii)} {discuss how to best achieve } create a proposed plan for the {school } school's lunch {target goal defined in Section 53G-9-216;} and recess times, including:
and (iii) create a proposed plan for the school's lunch and recess times, including:
(A) how much time a student will have to eat lunch;
(A) how much {[seated ]} time a student will have to eat lunch;
and (b){(B)} {create a plan for the school's lunch and recess times, including how much seated time a student will have to eat lunch and } if midday recess will be before or after lunch;
and (B) if midday recess will be before or after lunch;
{(c) {review and discuss the research the state board provides in accordance with Subsection 53G-9-216(4), on:} } {(i) {recess schedules;
(b) ensure that the meeting described in Subsection (2)(a):
and} } {(ii) {student eating time;} } (2){(b)} ensure that the meeting described in Subsection {(1)(a)} (2)(a):
(i) {is } complies with the open {to members of the } and publicmeeting requirements described in Section 53G-7-1203;
(a){(i)} {is } complies with the open {to members of the } and publicmeeting requirements described in Section 53G-7-1203;
and (ii) allows for public comment during the course of the meeting without the requirement that a member of the public sign up to speak before the meeting starts;
and (b){(ii)} allows for public comment during the course of the meeting without the requirement that a member of the public sign up to speak before the meeting starts;
Show all 84 changed rows (44 more)
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(i) before holding the meeting described in Subsection (2)(a) , instruct the principal of each school to send a survey to each parent of a student enrolled at the school through email to collect the parent's input on the:
(i) before holding the meeting described in Subsection (2)(a), instruct the principal of each school to send a survey to each parent of a student enrolled at the school through email to collect the parent's input on the:
(A) policies described in the state board's model policy on health and wellness regarding school lunch {target goal} ;
(A) policies described in the state board's model policy on health and wellness regarding school lunch;
and (B) proposed school lunch plan the school community council {plans to } , charter school wellness committee, or charter trust land council will discuss {in } during the meeting;
and (B) proposed school lunch plan the school community council, charter school wellness committee, or charter trust land council will discuss during the meeting;
and (ii) notify each parent of a student enrolled at the school of:
and (3){(ii)} {at least one week in advance of the date on which the meeting is set to occur, } notify each parent of a student enrolled at the school of:
{(A) {the research that the school community council plans to review and discuss at the planning meeting, in accordance with Subsection (2)(a)(i);} } (B){(A)} the meeting's time;
{(a) {the research that the school community council plans to review and discuss at the planning meeting, in accordance with Subsection (1)(c);} } (b){(A)} the meeting's time;
and (C){(B)} the meeting's location;and {(d) {hold the meeting described in Subsection (2)(a):} } {(i) {once per year for five years;
and (c){(B)} the meeting's location;and {(4) {hold the meeting described in Subsection (1)(a):} } - 11 - HB0440 compared with HB0440S02 {(a) {once per year for five years;
or} } {(ii) {until the school community council's plan meets the school lunch target goal;
or} } {(b) {until the school community council's plan meets the school lunch target goal defined in Section 53G-9-216;
and} } - 11 - HB0440S01 compared with HB0440S02 (e){(d)} after holding the meeting described in Subsection (2)(a){,} instruct the principal of each school tosend a signed, written assurance to the state board:
and} } (5){(d)} after holding the meeting described in Subsection {(1)(a)} (2)(a) instruct the principal of each school to send a signed, written assurance to the state board:
(i) confirming the occurrence of the meeting;
{(a) {send a survey to each parent of a student enrolled at the school through email to collect the parent's input on the school lunch plan;} } (i) confirming the occurrence of the meeting;
and (i){(ii)} {send a signed, written assurance to } detailing the {state board on the agreed upon } proposed plan discussed at the meeting{;
and (b){(ii)} {report to } detailing the {state board on the agreed upon } proposed plan discussed at the meeting{;
342a Ĥ→ {(ii) {if the school community council cannot meet the school lunch target goal, submit a signed, written assurance to the state board and the Education Interim Committee explaining the reasons the school community council was unable to implement the school lunch target goal.} } {[(ii) if the school community council does not agree to work toward the school lunch ][target goal, provide a signed, written assurance to the state board detailing why ][the school community council failed to implement the school lunch target goal.]} {[(3) The state board shall:]} {[(a) research best practices in schools on:]} {[(i) recess scheduling;
{(c) {if the school community council does not meet the school lunch target goal defined in Section 53G-9-216, provide a written explanation to the state board detailing why the school community council failed to implement the school lunch target goal.} } Section 5.
and]} {[(ii) student eating time;
and]} {[(b) provide the results of the research described in Subsection (4)(a) to each school ][community council in accordance with this section.]} Section 5.
{School lunch target goal} Recess in an elementary school.
(1) As used in this section:
(a) {"School} "Elementary school" means a district or charter school that provides instruction to a student in {grades kindergarten, one, two, three, four, five, } kindergarten or {six.} grade 1, 2, 3, 4, or 5.
(b) {"School lunch target goal} "Elementary school student" means {a minimum standard } the same as that {each school seeks to achieve by:} term is defined in Section 53G-7-501.
{(i) {providing a student with a minimum of 20 minutes of seated eating time to consume lunch;
and} } {(ii) {scheduling lunch recess to occur immediately prior to the lunch period in the daily schedule.} } {(2) } (a){(2)} {A } An elementary school {shall hold an annual planning meeting to} may not:
{(i) {plan how the school can work toward achieving the school lunch target goal;
and} } {(ii) {discuss how the school plans to comply with the requirements of Section 53G-9-217.} } {(b) {After holding the annual planning meeting described in Subsection (2)(a) a school shall:} } {(i) {affirmatively work toward the target goal;
or} } {(ii) {in accordance with Subsection (3), affirmatively choose to explain the failure to follow the target goal to the state board.} } - 12 - HB0440 compared with HB0440S02 {(3) {A school shall provide a written explanation to the state board that states the reasons the school failed to implement the school lunch target goal if:} } {(a) {the school does not implement the school lunch target goal after the required annual meeting described in Subsection (2)(a);
or} } (a) withhold, from an elementary school student, recess, physical education, or other physical activity, as a punishment for:
(i) poor behavior;
(ii) incomplete classwork;
or (iii) remediation purposes;
and (b) {a school that implements } reduce the {school lunch target goal later chooses } total minutes of daily recess for any grade level to {no longer follow } meet the school lunch target goalas that term is defined in Section 53G-7-1207.
{(4) {The state board shall:} } {(a) {research best practices in schools on:} } {(i) {recess scheduling;
and} } {(ii) {student eating time;
and} } {(b) {provide the results of the research described in Subsection (4)(a) to:} } (3) Notwithstanding Subsection (2), an educator or administrator may withhold recess, physical education, or other physical activities from an elementary school student if:
(a) the restriction is consistent with the elementary student's:
(i) {each school} IEP;
{and} or (ii) {each school community council in accordance with } Section {53G-7-1207.} 504 accommodation plan;
(b) there is an immediate or significant risk to the health or safety of the elementary student or others;
or (c) the student engaged in poor behavior during recess or a physical education class.
Section 4.
Section 4 is enacted to read:
53G-9-217.
(a) "Elementary school" means a district or charter school that provides instruction to a student in kindergarten or grade 1, 2, 3, 4, or 5.
(a) "Elementary school" means a district or charter school that provides instruction to a student in grades kindergarten, one, two, three, four, or five.
(2) An elementary school may not:
- 13 - HB0440 compared with HB0440S02 (2) An elementary school may not:
and - 12 - HB0440S01 compared with HB0440S02 (b) reduce the total minutes of daily recess for any grade level to meet the school lunch target goal as that term is defined in Section 53G-7-1207.
and (b) reduce the total minutes of daily recess for any grade level to meet the school lunch target goal as that term is defined in Section 53G-9-216.
or (ii) Section 504 accommodation plan;{[ or]} (b) there is an immediate or significant risk to the health or safety of the elementary student or others{[.]} ;
or (ii) Section 504 accommodation plan;
or 373a (c)(c) the student engaged in poor behavior during recess or a physical education class.
or (b) there is an immediate or significant risk to the health or safety of the elementary student or others.
2-21-26 5:04 PM - 13 -
2-21-26 5:04 PM - 14 -
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Amendments

3 amendments

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Action History

  1. House/ filed

  2. House/ received from Senate

  3. Senate/ to House

  4. Senate/ strike enacting clause

  5. Senate/ comm rpt/ sent to Rules [Senate Rules Committee]

  6. Senate Comm - Recommends Returned to Rules [Senate Education Committee]

  7. LFA/ fiscal note publicly available for HB0440S02

  8. Senate/ to standing committee [Senate Education Committee]

  9. LFA/ fiscal note sent to sponsor for HB0440S02

  10. Senate/ 1st reading (Introduced)

  11. Senate/ received from House

  12. House/ to Senate

  13. House/ passed 3rd reading

  14. House/ floor amendment

  15. House/ substituted

  16. House/ 3rd reading

  17. LFA/ bill sent to agencies for fiscal input for HB0440S02

  18. LFA/ bill assigned to staff for fiscal analysis for HB0440S02

  19. LFA/ fiscal note publicly available for HB0440S01

  20. LFA/ fiscal note sent to sponsor for HB0440S01

  21. House/ 2nd reading

  22. House/ comm rpt/ substituted/ amended [House Education Committee]

  23. House Comm - Favorable Recommendation [House Education Committee]

  24. House Comm - Amendment Recommendation [House Education Committee]

  25. House Comm - Amendment Recommendation [House Education Committee]

  26. House Comm - Amendment Recommendation [House Education Committee]

  27. House Comm - Substitute Recommendation [House Education Committee]

  28. LFA/ bill sent to agencies for fiscal input for HB0440S01

  29. LFA/ bill assigned to staff for fiscal analysis for HB0440S01

  30. House/ to standing committee [House Education Committee]

  31. House/ received fiscal note from Fiscal Analyst

  32. LFA/ fiscal note publicly available for HB0440

  33. LFA/ fiscal note sent to sponsor for HB0440

  34. House/ 1st reading (Introduced)

  35. House/ received bill from Legislative Research

  36. LFA/ bill sent to agencies for fiscal input for HB0440

  37. LFA/ bill assigned to staff for fiscal analysis for HB0440

  38. Numbered Bill Publicly Distributed

  39. Bill Numbered but not Distributed

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 102 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (102)

102 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 440?
HB 440 is sponsored by Keith Grover (Republican) and Tiara Auxier (Republican).
What is the current status of HB 440?
This bill has been sent to the executive. Introduced January 30, 2026. It awaits signature.
Where can I track HB 440?
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