AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL MEALS.

Education

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: K. Williams
Last action: 2025-07-30
Official status: Signed 7/30/25
Effective date: Not listed

Plain English Breakdown

The official summary does not specify all implementation details such as exact dates for reimbursement payments.

Act for Free Breakfasts in Delaware Schools

The act makes free breakfasts available to all students at participating public schools and requires the Department of Education to reimburse these schools.

What This Bill Does

Makes free breakfasts available to all students, regardless of their family's income, at participating public schools.
Requires the Department of Education to give money back to schools for each free breakfast they serve.
Limits reimbursement to one free breakfast per student per day.

Who It Names or Affects

Students in Delaware public schools
Public schools participating in the School Breakfast Program
The Department of Education

Terms To Know

Community Eligibility Provision: A special program that allows schools to provide free meals without checking each student's family income.
School Breakfast Program: A federal program that helps schools offer breakfasts for free or at a low cost.

Limits and Unknowns

The act does not apply to schools using special programs like the Community Eligibility Provision, Provision 1, Provision 2, and Provision 3.
Some details about implementation are left unspecified in the official summary.

Bill History

2025-07-30 Delaware General Assembly
Signed by Governor
2025-06-30 Delaware General Assembly
Passed By Senate. Votes: 16 YES 5 NO
2025-06-26 Delaware General Assembly
Reported Out of Committee (Finance) in Senate with 4 On Its Merits
2025-06-25 Delaware General Assembly
Reported Out of Committee (Education) in Senate with 4 Favorable
2025-06-25 Delaware General Assembly
Assigned to Finance Committee in Senate
2025-06-17 Delaware General Assembly
Passed By House. Votes: 35 YES 1 NO 5 ABSENT
2025-06-17 Delaware General Assembly
Assigned to Education Committee in Senate
2025-06-10 Delaware General Assembly
Reported Out of Committee (Appropriations) in House with 2 Favorable, 4 On Its Merits
2025-04-17 Delaware General Assembly
Adopted in lieu of the original bill HB 91, and Assigned to Appropriations Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL MEALS.
This Substitute to HB 91 differs from HB 91 in that it further expands free breakfasts in schools participating in the federal School Breakfast Program by making them available to all students, regardless of household income, but does not expand free lunch income eligibility.

The Department of Education shall reimburse a public school providing free breakfasts. The reimbursement must be equal to the federal free reimbursement rate multiplied by the total number of breakfasts that the participating public school serves during the applicable budget year minus the total amount of reimbursement for breakfasts served during the applicable budget year that the participating public school receives under the School Breakfast Program.

This Act does not apply to schools participating in the federal Community Eligibility Provision, Provision 1, Provision 2, or Provision 3 special assistance certification and reimbursement alternatives.

This Act takes effect immediately and is to be implemented beginning July 1, 2026.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. K. Williams & Sen. Walsh & Sen. Lockman

Reps. Ross Levin, Hensley, Michael Smith, Chukwuocha; Sens. Cruce, Brown, Paradee, Poore, Pinkney, Richardson, Sturgeon, Townsend

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 91

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL MEALS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter I, Chapter 41, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4137C. Free school breakfasts.

(a) For purposes of this section:

(1) “Breakfast” means as defined in 7 C.F.R. § 220.2.

(2) “Community Eligibility Provision” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(f).

(3) “Department” means the Department of Education.

(4) “Provision 1” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(a).

(5) “Provision 2” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(b).

(6) “Provision 3” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(d).

(7) “School Breakfast Program” means the federal School Breakfast Program, 42 U.S.C. § 1773 et seq.

(b) A public school that participates in the School Breakfast Program shall make available a breakfast free of charge to any attending student regardless of household income.

(c) (1) The Department shall reimburse a public school providing a free school breakfast under this section.

(2) The Department may not reimburse a public school for more than 1 free breakfast per student per breakfast meal service.

(3) Reimbursements must be made for each budget year.

(4) Subject to paragraph (c)(2) of this section, reimbursements must be equal to the federal free reimbursement rate multiplied by the total number of breakfasts that the participating public school serves during the applicable budget year minus the total amount of reimbursement for breakfasts served during the applicable budget year that the participating public school receives under the School Breakfast Program.

(d) This section does not apply to a school participating in any of the following:

(1) Community Eligibility Provision.

(2) Provision 1.

(3) Provision 2.

(4) Provision 3.

Section 2. This Act takes effect immediately and is to be implemented beginning July 1, 2026.

SYNOPSIS

This Substitute to HB 91 differs from HB 91 in that it further expands free breakfasts in schools participating in the federal School Breakfast Program by making them available to all students, regardless of household income, but does not expand free lunch income eligibility.

The Department of Education shall reimburse a public school providing free breakfasts. The reimbursement must be equal to the federal free reimbursement rate multiplied by the total number of breakfasts that the participating public school serves during the applicable budget year minus the total amount of reimbursement for breakfasts served during the applicable budget year that the participating public school receives under the School Breakfast Program.

This Act does not apply to schools participating in the federal Community Eligibility Provision, Provision 1, Provision 2, or Provision 3 special assistance certification and reimbursement alternatives.

This Act takes effect immediately and is to be implemented beginning July 1, 2026.