School breakfast and lunch program; authorize districts to provide at no cost to students.

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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Nelson

HOUSE BILL NO. 441

AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ANNUALLY 1
DETERMINE THE AMOUNT OF STATE FUNDS NEEDED TO PROVIDE A STATEWIDE 2
SCHOOL BREAKFAST AND LUNCH PROGRAMS FOR ALL PUBLIC SCHOOL 3
STUDENTS, WHICH SHALL BE OFFERED AT NO COST TO STUDENTS WHO 4
QUALIFY FOR REDUCED PRICE MEALS UNDER FEDERAL AND STATE 5
GUIDELINES; TO PROVIDE FOR THE SOURCE OF FUNDING TO ENSURE 6
STUDENTS EAT FREE OF CHARGE; TO REQUIRE THE STATE BOARD OF 7
EDUCATION TO PROMULGATE RULES AND REGULATIONS FOR THE 8
ADMINISTRATION OF SCHOOL BREAKFAST AND LUNCH PROGRAMS; TO 9
ENCOURAGE THE USE OF MISSISSIPPI GROWN PRODUCTS IN SCHOOL 10
BREAKFAST AND LUNCH PROGRAMS; TO AMEND SECTIONS 37-11-7 AND 11
37-28-53, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING 12
PROVISIONS; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. (1) (a) The State Board of Education shall 15
annually determine the amount of state funds needed to provide a 16
statewide school lunch program to offer quality and healthy meals 17
to students enrolled in the public schools in this state, and that 18
amount shall include, but shall not be limited to, funds 19
sufficient to ensure that meals are offered at no cost to the 20
students who are eligible for reduced price meals under federal 21
and state guidelines. 22
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(b) The State Board of Education shall promulgate rules 23
and regulations which: 24
(i) Establish minimum nutritional requirements for 25
school lunch programs and school breakfast programs which meet or 26
exceed the minimum federal regulations; 27
(ii) Utilize federal standards of income 28
eligibility for free or reduced price meals for low-income 29
students; 30
(iii) Prescribe uniform methods of determining 31
eligibility for free or reduced price meals that are discreet and 32
accessible, and requiring each participating local school district 33
to establish a method to regularly notify parents of the 34
availability of such programs; 35
(iv) Provide that each participating local school 36
district submit a plan of compliance; 37
(v) Provide that compliance with the standards and 38
regulations of the "National School Lunch Act" and "Child 39
Nutrition Act of 1966," as amended, shall be deemed compliance 40
with the requirements promulgated by the board; 41
(vi) Assist participating local school district in 42
applying for and obtaining grant money for such programs; and 43
(vii) Encourage and assist participating local 44
school districts in using Mississippi grown produce, dairy and 45
poultry products. 46
(2) Each local school district operating a school breakfast 47
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program pursuant to Section 37-11-7(3) shall be reimbursed by the 48
state at the federal reimbursement rate per eligible meal prepared 49
and served. 50
(3) An application of millage or percentage rate required 51
for the local revenue effort in support of the adequate education 52
program, pursuant to Section 37-151-7(2) shall not be made for 53
payments to local school districts under this section. Any state 54
funds appropriated for this purpose shall be used to supplement 55
federal funds as a means of maximizing student participation in 56
school lunch programs and school breakfast programs, ensuring that 57
meals are offered at no charge to all students enrolled in a 58
public school in this state, and ensuring quality and healthy 59
meals for all such students. 60
(4) (a) The State Board of Education shall establish a 61
system of allotments of funds to local school boards to provide 62
for services rendered on a nine-month basis by school food and 63
nutrition personnel. The amount of funds paid to any local school 64
district shall be paid in twelve (12) monthly payments, and shall 65
be based upon the number of full-time equivalent school lunch food 66
and nutrition positions needed to plan, prepare and serve meals in 67
that local school district, multiplied by an annual base payment. 68
For each school food and nutrition manager, the local school board 69
shall earn the base payment as well as an amount not to exceed One 70
Hundred Dollars ($100.00) per month. 71
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(b) The base payment shall be calculated on the basis 72
of one hundred eighty days (180) in an annual school year for a 73
full-time equivalent school lunch food and nutrition position, 74
multiplied by an amount not less than One Hundred Sixty-one 75
Dollars ($161.00) per month for twelve (12) months. Future annual 76
increases in the base payment shall reflect the same percentage 77
increase provided by the state for other state funded positions. 78
SECTION 2. Section 37-11-7, Mississippi Code of 1972, is 79
amended as follows: 80
37-11-7. (1) The State of Mississippi does hereby accept 81
and avail itself of all the provisions and benefits of acts passed 82
by the Senate and House of Representatives of the United States of 83
America in Congress assembled on June 4, 1946, known as the 84
"National School Lunch Act," Chapter 281, 60 Stat 230, and on 85
October 11, 1966, known as the "Child Nutrition Act," 80 Stat 885. 86
(2) The State Department of Education is hereby designated 87
and appointed as the state agency in Mississippi to carry out and 88
execute the functions and duties required of a state agency under 89
the terms and provisions of * * * those acts and to administer the 90
funds made available by the federal government for the school 91
lunch and other child nutrition programs for and in the State of 92
Mississippi under the provisions of * * * those acts. For * * * 93
that purpose, the State Superintendent of Public Education is 94
hereby authorized and empowered to do any and all things which may 95
be required under the terms of * * * those acts to enable the 96
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State of Mississippi to receive the benefits thereof, to enter 97
into any and all agreements and contracts with any officer or 98
agency of the United States of America, or any other person, 99
agency or political subdivision, that may be necessary, expedient 100
or advisable in administering * * * those acts, and to appoint and 101
employ a state supervisor of the child nutrition programs 102
and * * * any other administrative, supervisory, stenographic and 103
clerical personnel as may be necessary in the administration 104
of * * * those acts. 105
(3) Each local school district is encouraged to establish 106
and support a school breakfast program to make breakfast available 107
to students. Each local school district shall establish and 108
support a school breakfast program in: 109
(a) All schools with kindergarten through Grade 8 if at 110
least fifteen percent (15%) of the student population is eligible 111
for free or reduced price lunch under the federal guidelines; and 112
(b) In all schools not containing kindergarten through 113
Grade 8 if at least twenty-five percent (25%) of the student 114
population is eligible for free or reduced price lunch under the 115
federal guidelines. 116
( * * *4) The school boards of any combination of school 117
districts may authorize by resolution the organization and 118
operation of, or the participation in, a group purchase program 119
with other participating child nutrition operators for the 120
purchase of commodities, supplies, equipment and services provided 121
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under the school lunch and child nutrition programs, when it 122
appears to * * * the participating child nutrition operators that 123
a group purchase program shall effect economy or efficiency 124
in * * * that operation. The State Department of Education may 125
administer * * * the group purchase program to provide 126
commodities, supplies, equipment and services under the school 127
lunch and child nutrition programs and may charge and collect 128
reasonable fees from participating operators for the actual cost 129
of administering * * * the group purchase program. Purchases by 130
participating operators in * * * the group purchasing programs 131
shall not be exempt from public bid requirements as prescribed in 132
Sections 31-7-12 and 31-7-13 * * *. 133
( * * *5) The State Treasurer is hereby designated and 134
appointed custodian of all monies received by the state from 135
appropriations made to carry out the provisions of * * * the acts 136
of Congress, and he is authorized to receive and to provide for 137
the proper custody of same, and to make disbursements thereof in 138
the manner provided for in * * * those acts and for the purposes 139
therein specified. 140
SECTION 3. Section 37-28-53, Mississippi Code of 1972, is 141
amended as follows: 142
37-28-53. (1) Each charter school shall certify annually to 143
the State Department of Education its student enrollment, net 144
enrollment and student participation in federal programs. 145
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ST: School breakfast and lunch program;
authorize districts to provide at no cost to
students.
(2) Each charter school shall certify annually to the school 146
board of the school district in which the charter school is 147
located the number of enrolled charter school students residing in 148
the school district. 149
(3) Each charter school shall automatically qualify for 150
funding from the State Department of Education to ensure that 151
meals are offered at no cost to the students enrolled in the 152
chartered school who are eligible for reduced price meals under 153
federal and state guidelines. 154
SECTION 4. This act shall take effect and be in force from 155
and after July 1, 2026. 156