HB 1508 — Promoting student health and readiness through meal and nutrition programs.

H-2144.1SUBSTITUTEH-0905.1HOUSE HOUSE BILL 1508State of Washington65th Legislature2017 Regular SessionBy House Appropriations (originally sponsored by Representatives Stonier, Dolan, Ortiz-Self, Riccelli, Orwall, Peterson, Sawyer, Doglio, Gregerson, Slatter, Frame, Macri, Bergquist, Senn, Ryu, Kloba, Stanford, Sells, Farrell, Lovick, McBride, Pollet, Hudgins, Jinkins, Kagi, Appleton, Goodman, Tharinger, Clibborn, Ormsby, Cody, Santos, Fey, and Pettigrew)READPettigrewRead FIRSTfirst TIMEtime 02/24/17.AN01/23/17. ACT Relating to promoting student health and readiness through meal and nutrition programs;

Referred to Committee on Education.AN ACT Relating to promoting student health and readiness through meal and nutrition programs;

and providing an expiration date.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  (1)SECTION.  Sec. 1.  A Thenew legislaturesection findsis thatadded thoughtfulto andchapter evidence-based28A.235 schoolRCW foodto programsread areas associatedfollows:The withdefinitions improvedin outcomesthis forsection students,apply includingthroughout fewersections disciplinary2 incidents, better attendance, improved performance on standardized tests, and academic success evidenced through increased4 graduationof rates.(2)this Theact legislatureunless acknowledges that while many schools currently offer breakfast before the schoolcontext day,clearly andrequires thatotherwise.(1) many"Breakfast studentsafter have benefited from the eliminationbell" ofmeans luncha copaysbreakfast forthat qualifyingis studentsoffered in kindergarten through third grade, there are significant numbers of students who come to school hungry or who lack financial resources to pay lunch copays.(3) The legislature acknowledges also that existing school-related farm programs play an important role in helping students toafter better understanding the relationshipsbeginning between academics, food, farming, and good health.(4) The legislature finds that the purpose of sections 1 through 12 of this act is to achieve the publicschool policyday. benefits specified in subsection (1) of this section:

Improved student outcomes.

To do so, the legislature intends to:(a) Expand opportunities for students to have a healthy breakfast by requiring schools with large populations of qualifying low-income students to offer breakfast after the bell programs, a program model that has increased breakfast participation rates in other states;(b) Increase support for the elimination of lunch copays for qualifying students in prekindergarten and in grades for which the copay remains;

and(c) Increase support for school-related farm programs that have proven successful in supporting students through policies that, among other benefits, promote student health and readiness through healthy local foods and school garden projects.NEW SECTION.  Sec. 2.  A new section is added to chapter 28A.235 RCW to read as follows:The definitions in this section apply throughout sections 3 through 5 of this act unless the context clearly requires otherwise.(1) "Breakfast after the bell" means a breakfast that is offered to students after the beginning of the school day.

1751.NEW SECTION.  Sec. 3.  ASECTION.  Sec. 2.  A new section is added to chapter 28A.235 RCW to read as follows:(1)(a) In accordance with section 76 of this act and except as provided in subsection (2) of this section, beginning in the 2018-19 school year, each high-needs school shall offer breakfast after the bell to each student and provide adequate time for students to consume the offered food.(b) Public schools that are not obligated by this section to offer breakfast after the bell are encouraged to do so.

InWhen addition,choosing eachfoods foodto itemserve served in a breakfast after the bell programprogram, schools must containgive lesspreference thanto twenty-fivefoods percent,that byare weight,healthful, addedfresh, sugar.and Washington grown.(5) Subject to the availability of amounts appropriated for this specific purpose, the superintendent of public instruction shall administer one-time start-up allocation grants to each high-needs school implementing a breakfast after the bell program under this section.

WhenGrant choosingfunds foodsprovided tounder servethis insection must be used for the costs associated with launching a breakfast after the bell program, schoolsincluding mustbut givenot preferencelimited to foodsequipment thatpurchases, aretraining, healthfuladditional andstaff fresh,costs, and ifjanitorial feasible,services.(6) giveThe preferencelegislature does not intend to Washington-growninclude food.(5)the Subjectprograms tounder this section within the availabilitystate's obligation for basic education funding under Article IX of amountsthe appropriatedstate forConstitution.NEW thisSECTION.  Sec. 3.  A specificnew purpose,section is added to chapter 28A.235 RCW to read as follows:(1) Before January 2, 2018, the office of the superintendent of public instruction shall administerdevelop one-timeand start-updistribute allocationprocedures grantsand toguidelines eachfor high-needsthe schoolimplementation implementingof asection breakfast2 afterof thethis bellact programthat undercomply thiswith section.federal regulations governing the school breakfast program.

Grant funds provided under this section must be used for the costs associated with launching a breakfast after the bell program, including but not limited to equipment purchases, training, additional staff costs, and janitorial services.(6) The legislature does not intend to include the programs under this section within the state's obligation for basic education funding under Article IX of the state Constitution.NEW SECTION.  Sec. 4.  A new section is added to chapter 28A.235 RCW to read as follows:(1) Before January 2, 2018, the office of the superintendent of public instruction shall develop and distribute procedures and guidelines for the implementation of section 3 of this act that comply with federal regulations governing the school breakfast program.

The office shall maintain a list of opportunities for philanthropic support of school breakfast programs and make the list available to schools interested in breakfast after the bell programs.(4) The office of the superintendent of public instruction shall incorporate the annual collection of information about breakfast after the bell delivery models into existing data systems and make the information publicly available.NEW SECTION.  Sec. 5.  ASECTION.  Sec. 4.  A new section is added to chapter 28A.235 RCW to read as follows:(1) Subject to the availability of amounts appropriated for this specific purpose, the breakfast after the bell lighthouse project is established.

The selected schools, either by providing technical assistance or other guidance, must serve as resources and examples to other schools of how to successfully design, implement, and operate breakfast after the bell programs.(4) This section expires July 1, 2020.Sec. 6.  RCW2020.Sec. 5.  RCW 28A.150.205 and 1992 c 141 s 502 are each amended to read as follows:Unless the context clearly requires otherwise, the definition in this section applies throughout RCW 28A.150.200 through 28A.150.295."Instructional hours" means those hours students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess, and teacher/parent-guardian conferences that are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time actually spent for meals.

If students are provided the opportunity to engage in educational activity concurrently with the consumption of breakfast, and the provision of breakfast allows the regular instructional program to continue functioning, the period of time designated for student participation in breakfast after the bell, as defined in section 21 of this act, must be considered instructional hours.NEW SECTION.  Sec. 7.  ASECTION.  Sec. 6.  A new section is added to chapter 28A.235 RCW to read as follows:The office of the superintendent of public instruction, school districts, and affected schools shall implement sections 21 through 5,4, chapter .

, Laws of 2017 (sections 21 through 54 of this act) only in years in which funding is specifically provided for the purposes of chapter .

, Laws of 2017 (this act) by bill or chapter number or statutory references, in a biennial or supplemental operating budget.NEW SECTION.  Sec. 8.  TheSECTION.  Sec. 7.  The legislature recognizes that the challenges and difficulties of food insecurity affect Washington households throughout the state.

The legislature recognizes also that many families rely on the food and nutritional benefits of reduced-price school lunches, and that hungry students face additional barriers to academic success.The legislature further recognizes that the state's 2016-2017 biennial operating budget included funding for eliminating lunch copays for qualifying kindergarten through third grade students, and that extending this copay elimination to students in the fourth through twelfth grades is an appropriate and cost-effective way to promote the health and academic success of students who qualify for reduced-price lunches.Sec. 9.  RCWlunches.Sec. 8.  RCW 28A.235.150 and 1993 c 333 s 3 are each amended to read as follows:(1)(a) To the extent funds are appropriated for this specific purpose, the superintendent of public instruction may award grants to school districts to:(i) Increase awareness of and participation in school breakfast and lunch programs((, to)), including breakfast after the bell programs;(ii) Improve program quality((, and to)), including the nutritional content of program food and the promotion of nutritious food choices by students;(iii) Promote innovative school-based programs, including but not limited to developing organic gardens that provide produce used in school breakfast or lunch programs;

and(iv) Improve the equipment and facilities used in the programs.(b) If applicable, school districts shall demonstrate that they have applied for applicable federal funds before applying for funds under this subsection.(2) To the extent funds are appropriated for this specific purpose, the superintendent of public instruction shall increase the state support for school breakfasts and lunches, including breakfast after the bell programs.(3) As used in this section, "breakfast after the bell" has the definition in section 21 of this act.Sec. 10.  RCWact.Sec. 9.  RCW 28A.235.160 and 2005 c 287 s 1 are each amended to read as follows:(1) For the purposes of this section:(a) "Free or reduced-price lunch" means a lunch served by a school district participating in the national school lunch program to a student qualifying for national school lunch program benefits based on family size-income criteria.(b) "Lunch copay" means the amount a student who qualifies for a reduced-price lunch is charged for a reduced-price lunch.(c) "School lunch program" means a meal program meeting the requirements defined by the superintendent of public instruction under subsection (2)(b) of this section.(((c))) (d) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C.

This phase out must,must bybegin with schools with the endhighest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the 2018-19prior school year, eliminateuntil lunch copays are completely eliminated in the lunch2020-21 copayschool foryear.(8) allThe elementaryrequirements in this section shall lapse if the federal reimbursement for any school andbreakfasts, prekindergartenlunches, students.or summer food service programs is eliminated.(((8))) (9) School districts may be exempted from the requirements of this section by showing good cause why they cannot comply with the office of the superintendent of public instruction to the extent that such exemption is not in conflict with federal or state law.

The phasingprocess outand ofcriteria theby lunchwhich copayschool fordistricts allare otherexempted studentsshall must begin in the 2019-20 school year and be completeddeveloped by the endoffice of the 2020-21superintendent schoolof year.(8)public Theinstruction requirements in thisconsultation sectionwith shallrepresentatives lapseof ifschool thedirectors, federalschool reimbursementfood forservice, anycommunity-based schoolorganizations breakfasts,and lunches,the orWashington summerstate foodPTA.NEW serviceSECTION.  Sec. 10.  A programsnew section is eliminated.(((8)))added (9)to Schoolchapter districts28A.235 mayRCW beto exemptedread fromas thefollows:(1) requirementsSubject ofto thisthe sectionavailability byof showingamounts goodappropriated causefor whythis theyspecific cannotpurpose, comply with the office of the superintendent of public instruction tomay coordinate with the extentdepartment thatof suchagriculture exemptionto ispromote notand infacilitate conflictnew withand federalexisting orfarm-to-school stateprograms law.and small and direct marketing farm programs within school districts.

The process and criteria by which school districts are exempted shall be developed by the office of the superintendent of public instruction in consultation with representatives of school directors, school food service, community-based organizations and the Washington state PTA.NEW SECTION.  Sec. 11.  A new section is added to chapter 28A.235 RCW to read as follows:(1) Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction may coordinate with the department of agriculture to promote and facilitate new and existing farm-to-school programs and small and direct marketing farm programs within school districts.

In coordinating with the department, school districts are encouraged to designate one or more staff members to be, with respect to farm-to-school programs and small and direct marketing farm programs, a single point of contact for the department of agriculture and the office of the superintendent of public instruction.(3)instruction.NEW SubjectSECTION.  Sec. 11.  This toact themay availabilitybe ofknown amountsand appropriatedcited foras this specific purpose, the officeWashington ofkids theready superintendent of public instruction may award grants to schoollearn districtsact toof collaborate2017.--- withEND community-based--- organizations, food banks, and farms or gardens for reducing high school dropout occurrences through farm engagement projects.

Projects established by school districts that receive grants in accordance with this section must:(a) Primarily target low-income and disengaged youth who have dropped out or who are at risk of dropping out of high school;

and(b) Provide participating youth with opportunities for:(i) Performing community service, including, but not limited to, building food gardens for low-income families, and work-based learning and employment during the school year and summer through farm or garden programs;(ii) Earning core and elective credits applied toward high school graduation, including but not limited to, science, health, and career and technical education credits;(iii) Receiving development support and services, including social and emotional learning, counseling, leadership training, and career and college guidance;

and(iv) Improving food security for themselves and their community through the project.NEW SECTION.  Sec. 12.  This act may be known and cited as the Washington kids ready to learn act of 2017.NEW SECTION.  Sec. 13.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2017, in the omnibus appropriations act, this act is null and void.--- END ---