RELATING TO SCHOOL MEALS.

HB87

HOUSE OF REPRESENTATIVES

H.B. NO.

87

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to school meals
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
�
The legislature finds that research has
proven that universal meal programs have numerous benefits for all students,
including improving student health and improving test scores.
�
Allowing an entire school to eat for free,
instead of restricting free meals to students whose families earn below a
certain income level, reduces the stigma associated with free meals.

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A recent study released by the
National Bureau of Economic Research focused on the federal National School
Lunch Program's Community Eligibility Provision, which allows schools where
many students qualified for free or reduced-price meals to provide a free meal
to all students.
�
The study examined
whether the provision of schoolwide free meals through the Community
Eligibility Provision impacted school suspension rates and estimated that the
chances of being suspended multiple times fell by about a third of a percentage
point in elementary school and half a percentage point in middle school.

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The legislature further finds that
nutritious school meals support education by providing food to ensure that
children are not distracted by hunger during class.
�
Free student meal programs serve multiple
roles, including working to reduce child hunger and food insecurity, improving
student health and well‑being, and preparing children to learn.

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Therefore, the legislature finds
that every student should be provided access to cost-free nutritional meals and
that universal school meals can improve this access.
�
Additional benefits of universal free meals
include lessening the amount of staff time spent on processing paperwork,
reducing debt associated with delinquent meal accounts, and ensuring that any
student requesting a meal can receive a meal regardless of their ability to
pay.

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Accordingly, the purpose of this Act
is to require public schools to provide free breakfast and lunch to all
enrolled students.

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SECTION
2
.
�
Section
302A-323, Hawaii Revised Statutes, is amended by amending subsection (e) to
read as follows:

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"(e)
�
By June 30, 2022, and by each June 30
thereafter, the superintendent shall submit to the board and legislature a
report of the computer science courses and computer science content offered
during the previous school year at the schools in each complex area.
�
The report shall include:

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(1)
�
The names and
course codes of the computer science courses offered at each school;

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(2)
�
The number and
percentage of students enrolled in each computer science course and computer
science content, disaggregated by:

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(A)
�
Gender;

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(B)
�
Race and
ethnicity;

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(C)
�
Special education
status, including students eligible for special education under the federal
Individuals with Disabilities Education Act, as amended, or section 504 of the
federal Rehabilitation Act of 1973, as amended;

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(D)
�
English language
learner status;

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(E)
�
E
ligibility for
the free and reduced price
breakfast and
lunch [
program;
]
programs;

and

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(F)
�
Grade level;

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provided that if a category
contains one to five students, or contains an amount that would allow the
amount of another category that contains one to five students to be determined,
the number of students shall be replaced with a symbol indicating that one to
five students fulfilled that particular category;

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(3)
�
The names and
course codes of the courses containing computer science content and a
description of the computer science standards and content that are covered by
those courses; and

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(4)
�
The number of
computer science instructors at each school, disaggregated by:

���������
(A)
�
Any applicable c
ertification;

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(B)
�
Gender;

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(C)
�
Race and
ethnicity; and

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(D)
�
Highest academic
degree earned."

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SECTION
3
.
�
Section
302A-404, Hawaii Revised Statutes, is amended to read as follows:

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"
�302A-404
�
[
School
]
Universal school

meals.
�
(a)
�

School meals shall be made available under the school meals program in
every school where the students are required to eat meals at school.

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(b)
�

Free school meals shall be provided to every student enrolled in public
school, regardless of a student's eligibility for participation in the federal
School Breakfast Program or the federal National School Lunch Program.
�
Free school meals shall meet the meal
requirements as established pursuant to title 7 Code of Federal Regulations
section 210.10.

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[
(b)
]
(c)
�
No student
requesting a meal
shall be
denied a meal [
solely for failure to pay:

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(1)
�
Within the
first twenty-one days of the first semester of a school year while the
student's application for free or reduced lunch is being processed; or

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(2)
�
Within seven
days after a student's meal fund account reaches a zero or negative balance
].

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(d)
�

The department shall:

����
(1)
�
Maximize access
to and receipt of federal funds and any other opportunities for non-state funds
with the intent to draw down the maximum amount of federal funds for the cost
of operating school meal programs; and

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(2)
�
Conduct an
annual analysis for eligibility under the federal Community Eligibility
Provision.

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[
(c)
]
(e)
�
The department may adopt rules or policies
governing the collection of funds for student [
meal accounts with a negative
fund balance;
]
meals;
provided that no rule or policy shall prohibit
feeding a student as required pursuant to subsection (b).

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(f)
�
The State shall reimburse the department for
each public school that makes both school breakfast and school lunch available
to students at no charge.
�
Reimbursements
shall be made quarterly at the rate of the cost of each meal that was provided
at no charge and that would have qualified as a paid breakfast or paid lunch
under the federal School Breakfast Program or the federal National School Lunch
Program.

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(g)
�
It is the intent of this section not to
jeopardize the receipt of any federal aid and to the extent, and only to the
extent necessary to effectuate this intent, the governor may modify the strict
provisions of this section, but shall promptly report any such modification
with the governor's reasons therefor to the next succeeding session of the
legislature for review.
"

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SECTION
4
.
�
Section
302A-405, Hawaii Revised Statutes, is amended by amending subsections (a) and
(b) to read as follows:

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"
(a)
�
The price for school
meals shall be set by the department to ensure that moneys received from the
sale of the meals shall be [
not
]
no
less than one-half of the
cost of preparing the meals.
�
The prices
for school meals may be adjusted annually based on the previous year's costs
rounded to the nearest five cents; provided that the department by rule shall
provide [
a lower rate or
] free meals to children [
based on
]
regardless
of
their economic need.

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(b)
�

All moneys received by or for the public school cafeterias from the sale
of meals, the sale of services, the federal government, or any other source,
shall be deposited in one special school [
lunch
]
meal
fund.
�
Except as otherwise provided by the
legislature, all expenditures for the operation of public school cafeterias
shall be made from this fund."

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SECTION 5.
�
There is appropriated out of the general
revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 to provide free
school meals to every student enrolled in public school.

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The sums

appropriated shall be expended by the department of education for
the purposes of this Act.

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SECTION 6.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 7.
�
This Act shall take effect on July 1, 2025;
provided that this Act shall apply beginning with the 2025‑2026 school
year.

INTRODUCED BY:

_____________________________

Report Title:

Public
Schools; Free Breakfast and Lunch; Universal School Meals; Appropriation

Description:

Beginning
with the 2025-2026 school year, requires public schools to provide free
breakfast and lunch to all enrolled students.
�

Appropriates funds.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.