53F-2-423. School meal program.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2025

(1)As used in this section:

(a)"Education model health and wellness policy on nutrition" means state board policy emphasizing that an LEA promote efficient meal scheduling, provide adequate time for eating, and implement practices that help reduce food waste.

(b)"Eligible student" means a student enrolled in kindergarten through grade 12 who qualifies for reduced-price meals based on household size and income levels under the National School Lunch Program.

(c)"National School Lunch Program" means the same as that term is defined in 7 C.F.R. Sec. 210.2.

(d)"Share table program" means a system in a school where a student may return unopened, uneaten food or beverages to a designated location for redistribution to other students.

(2)An LEA participating in the National School Lunch Program shall provide lunch to an eligible student on a school day at no charge.

(3)The state board:

(a)shall:

(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;

(ii)establish a reimbursement system where the board provides a monthly reimbursement to an LEA that provides a meal under Subsection

(2); and

(iii)accept private donations and grants for the purpose of funding the school meal program described in this section; and

(b)may provide guidance and support to a school implementing the food waste prevention strategies described in Subsection

(6).

(4)An LEA may not:

(a)publicly identify or stigmatize a student unable to pay for a meal; or

(b)require a student to perform chores to pay for a meal unless the requirement applies equally to all students regardless of whether the student pays for the meal.

(5)An LEA shall direct communications regarding a student's meal debt only to the student's parent.

(6)An LEA participating in the National School Lunch Program shall consider, where feasible, reducing food waste by:

(a)following the education model health and wellness policy on nutrition; and

(b)establishing a share table program.

(a)Notwithstanding Subsection (3)(a)(i) , if appropriations are insufficient to fully reimburse each LEA for the cost of a reimbursable lunch described in this section, the state board shall distribute the available funds in the fourth quarter of the fiscal year to each LEA on a pro rata basis, not exceeding the available funds.

(b)An LEA may ask the parent of an eligible student to cover the remaining cost of a subsidized lunch under this section.

Enacted by Chapter 203 , 2025 General Session

Technically renumbered to avoid duplication of newly enacted code also in HB0002, Chapter 165.