Community Eligibility Provision of National School Lunch Program; require certain school districts to apply for.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Porter

HOUSE BILL NO. 820

AN ACT TO AMEND SECTION 37-13-137, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE SCHOOL DISTRICTS THAT HAVE AN IDENTIFIED STUDENT 2
PERCENTAGE OF 25% OR MORE OF ENROLLED STUDENTS RECEIVING FREE 3
LUNCH, AS DETERMINED BY PRIOR YEAR ENROLLMENT, TO APPLY TO THE 4
UNITED STATES DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE 5
(FNS) FOR PARTICIPATION IN THE COMMUNITY ELIGIBILITY PROGRAMS, 6
WHICH WOULD MAKE THE NATIONAL SCHOOL LUNCH PROGRAM AND SCHOOL 7
BREAKFAST PROGRAM FREE TO ALL STUDENTS ENROLLED AT A PARTICULAR 8
SCHOOL OR IN THE ENTIRE DISTRICT REGARDLESS OF REPORTED INCOME; 9
AND FOR RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. Section 37-13-137, Mississippi Code of 1972, is 12
amended as follows: 13
37-13-137. (1) The State Board of Education shall adopt 14
regulations as provided in this section not later than March 1, 15
2008, which shall be effective for compliance by school districts 16
beginning with the 2008-2009 school year, for the Child Nutrition 17
School Breakfast and Lunch Programs that are not in conflict with 18
the regulations of the United States Department of Agriculture 19
(USDA). The regulations shall take into account the most recent 20
and advanced scientific principles regarding good human health and 21
fitness, and the effect of the regulations must be that the good 22
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health, well-being and fitness of Mississippi school children 23
shall be advanced. The regulations shall include, but not be 24
limited to, the following areas: 25
(a) Healthy food and beverage choices; 26
(b) Healthy food preparation; 27
(c) Marketing of healthy food choices to students and 28
staff; 29
(d) Food preparation ingredients and products; 30
(e) Minimum and maximum time allotment for students and 31
staff lunch and breakfast periods; 32
(f) The availability of food items during the lunch and 33
breakfast periods of the Child Nutrition School Breakfast and 34
Lunch Programs; and 35
(g) Methods to increase participation in the Child 36
Nutrition School Breakfast and Lunch Programs. 37
(2) The Office of Healthy Schools of the State Department of 38
Education shall provide comprehensive training for 39
superintendents, business managers, food service directors and 40
food service managers of a local school district, or the designees 41
appointed by those individuals for training purposes, as required 42
by the department on marketing healthy foods, creating a healthy 43
cafeteria environment, effective and efficient food service 44
operations, the standards and expectations of food service staff, 45
and other topics as identified by the department. The department 46
may determine the time and location of the trainings and the 47
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frequency with which they are held. Persons employed by a local 48
school district having the certification as a Food Service 49
Administrator III or IV shall be exempt from the training 50
requirements of this subsection. 51
(3) Local school districts may adopt rules and regulations 52
that may be more stringent but not in conflict with those adopted 53
by the State Board of Education under this section. 54
(4) Each school board that governs a local school or school 55
district that contains any public elementary or secondary school 56
that has a minimum identified student percentage (ISP) of 57
twenty-five percent (25%) in the prior school year of students 58
receiving free lunch under the National School Lunch Program and 59
School Breakfast Program, and is consequently eligible to 60
participate in the Community Eligibility Provision (CEP) 61
administered by the United States Department of Agriculture Food 62
and Nutrition Service (FNS) shall apply to FNS for participation 63
in the CEP for each such school under its governance, pursuant to 64
guidelines prescribed by FNS. School districts seeking inclusion 65
for participation in the CEP shall apply to FNS by submitting: 66
(a) Identified student percentage (ISP) data to FNS by 67
April 1 of the year initial participation is requested, unless an 68
extension is in effect, or by the deadline established for 69
reenrollment in the program after an eligibility term expires; and 70
(b) The school district's completed application to FNS 71
by June 30 of the year initial participation is requested, unless 72
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ST: Community Eligibility Provision of National
School Lunch Program; require certain school
districts to apply for.
an extension is in effect, or by the deadline established for 73
reenrollment in the program after an eligibility term expires. 74
(5) Nothing in this section shall be construed to prohibit 75
any school board from grouping elementary or secondary schools in 76
the local school division and applying to FNS to participate in 77
CEP for such group of schools. 78
(6) The State Superintendent for Public Education shall 79
issue a waiver to the requirement set forth in subsection (4) if, 80
in the sole circumstance, an evaluation of a school or group of 81
schools eligible to participate in CEP determines that 82
participation in CEP is not financially viable to such school or 83
group of schools. The Department of Education shall develop a 84
process and criteria for considering such waivers, including a 85
process and criteria for conducting such CEP evaluations. 86
SECTION 2. This act shall take effect and be in force from 87
and after July 1, 2026. 88