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Session of 2026
HOUSE BILL No. 2656
By Representatives Wikle, Boatman, Carr, Featherston, Haskins, Hoye, Martinez,
Melton, Meyer, Ohaebosim, Oropeza, Osman, Poskin, Simmons, Vaughn, Woodard
and Xu
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AN ACT concerning education; relating to school districts; establishing
the no kid hungry in schools program to be administered by the state
board of education; reimbursing school districts that participate in such
program for the cost of providing certain meals to students attending
public school; amending K.S.A. 72-17,137 and 72-17,145 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) (1) The no kid hungry in schools program is
hereby established within the state department of education to be
administered by the state board of education. To participate in the no kid
hungry in schools program, a school district shall apply to the state
department of education on a form and in a manner determined by the state
board.
(2) Subject to appropriation, the state department of education shall
provide to each school district participating in the no kid hungry in schools
program state aid for each school breakfast and lunch served to each
student, which shall not exceed one breakfast and one lunch per student
per school day. The state board shall determine the amount of such state
aid by subtracting the actual federal reimbursement received by the
participating school district for the breakfast and lunch served to the
student plus any amount reimbursed for such meal pursuant to K.S.A. 72-
17,137(a)(1)(A), and amendments thereto, from the applicable federal
reimbursement rate for a free meal at the school site, as determined
annually by the United States department of agriculture.
(b) Each school district that participates in the national school lunch
program and school breakfast program and has an identified student
percentage below the federal percentage determined for all meals to be
reimbursed at the free rate through the community eligibility provision
shall participate in the no kid hungry in schools program. Each school
district that participates in the national school lunch program and has an
identified percentage at or above the federal percentage determined for all
meals to be reimbursed at the free rate shall participate in the federal
community eligibility provision in order to participate in the no kid hungry
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in schools program.
(c) Each school district that participates in the no kid hungry in
schools program shall:
(1) Participate in the school breakfast program and the school lunch
program; and
(2) provide to all students at no cost up to two federally reimbursable
meals per school day, which shall not exceed one free breakfast and one
free lunch.
(d) As used in this section:
(1) "School breakfast program" means the same as defined in K.S.A.
72-17,145, and amendments thereto.
(2) "School lunch program" means the same as defined in K.S.A. 72-
17,132, and amendments thereto.
(3) "State board" means the state board of education.
Sec. 2. K.S.A. 72-17,137 is hereby amended to read as follows: 72-
17,137. (a) (1) Each board shall be entitled to receive , from appropriations
from the state general fund, six cents (6¢):
(A) $.06 for each type-A reimbursable meal served under an approved
school lunch program during each school year commencing with the 1978-
79 school year . For the purpose of this section paragraph, every type-A
reimbursable lunch served shall be counted equally; and
(B) if the school district participates in the no kid hungry in schools
program, the amount specified in section 1(a), and amendments thereto.
(2) If the total amount of entitlements of all boards in any school year
is more than the amount appropriated for payment thereof, then the entire
amount appropriated therefor shall be prorated among all boards in
proportion to the amount each board is entitled to receive under this act. If
amounts are required to be prorated, the state board of education shall
prioritize the allocation in the following order:
(A) The amount of reimbursement provided in paragraph (1)(A);
(B) reimbursement for reduced price meals; and
(C) reimbursement for paid meals.
(b) Moneys received by a board from appropriations from the state
general fund under the provisions of this section shall not be used for the
purchase of identifiable imported meats. "Identifiable imported meats"
shall mean means meats which are labeled as being imported.
Sec. 3. K.S.A. 72-17,145 is hereby amended to read as follows: 72-
17,145. (a) As used in this section, the term :
(1) "Food service program" means the same as defined in K.S.A. 72-
17,132, and amendments thereto.
(2) "School breakfast program" means a food service program under
which breakfasts are made available by a board of education on a
nonprofit basis to pupils students in attendance at school , and for which
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such board receives assistance from funds appropriated by the congress of
the United States ; and the term "food service program" has the meaning
ascribed thereto in K.S.A. 72-17,132, and amendments thereto.
(b) The board of education of each school district may enter into an
agreement with the state board of education for the establishment and
maintenance of a school breakfast program under which breakfasts are
made available to pupils in attendance at school. Such breakfasts may be
made available in any one or more school buildings operated or used for
pupil attendance purposes by the board of education. The provisions of this
subsection shall expire on June 30, 1993.
(c) On or before July 1, 1993, The board of education of each school
district shall enter into an agreement with the state board of education for
the establishment and maintenance of a school breakfast program under
which breakfasts are made available to pupils students in attendance at
school. Subject to the provisions of subsection (d) (c) , such breakfasts
shall be made available in each school building operated or used for pupil
attendance purposes by the board of education center of the school district.
(d)(c) The state board of education may waive the requirement that
breakfasts be made available in each school building operated or used for
pupil attendance purposes center of the school district, subject to the
following:
(1) No waiver shall be granted which that releases a board of
education from the requirement that breakfasts be made available in a
school building in which 35% or more of the pupils students in attendance
at school in such building during the month of March of the preceding
school year were pupils students who were eligible for free or reduced
price meals under the national school lunch act.
(2) A waiver releasing a board of education from the requirement that
breakfasts be made available in a school building, other than a school
building designated in provision paragraph (1), may be granted by the
state board of education upon application for such waiver by the board.
The application shall include the reason or reasons for which the waiver is
being requested. The state board shall evaluate the application for waiver,
determine the validity of the reason or reasons for which the waiver is
being requested , and grant or deny the application for waiver. The state
board shall establish criteria for determination of the validity of reasons for
waiver of the requirement that breakfasts be made available in each school
building operated or used for pupil attendance purposes center of a school
district.
(d) If a school district maintains a breakfast program, has not been
granted a waiver under subsection (c) and participates in the no kid
hungry in schools program, such school district shall be entitled to receive
the amount specified in section 1(a), and amendments thereto, from
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appropriations from the state general fund.
(e) The provisions of subsections (c) and (d) (b) and (c) shall expire
upon failure of the congress of the United States to reauthorize funding for
the school breakfast program.
Sec. 4. K.S.A. 72-17,137 and 72-17,145 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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