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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 109
2025-2026
Senators Blessing, Smith
To
amend sections 3301.91 and 3313.819 of the Revised Code
to
provide breakfast and lunch at no cost to public and chartered
nonpublic school students, and to make an appropriation.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3301.91 and 3313.819 of the Revised Code be amended to read
as follows:
Sec.
3301.91.
(A)
As used in this section:
(1)
"National school breakfast program" means the federal
school breakfast program created under 42 U.S.C. 1773.
(2)
"National school lunch program" means the federal school
lunch program created under 42 U.S.C. 1751.
(3)
"Public school" means a school building operated by a
school district, a community school established under Chapter 3314.
of the Revised Code, a STEM school established under Chapter 3326. of
the Revised Code, a building operated by an educational service
center, a special education program operated by the county board of
developmental disabilities under section 3323.09 of the Revised Code,
or a facility offering juvenile day treatment services.
(B)
The department of education and workforce shall reimburse each public
and chartered nonpublic school that participates in the national
school breakfast program, from funds appropriated by the general
assembly for that purpose, an amount equal to the
sum
of the following:
(1)
The
difference
between the federal free reimbursement rate and the federal
reimbursement for a reduced-price breakfast for each student eligible
for a reduced-price breakfast and receiving breakfast
;
(2)
The difference between the federal free reimbursement rate and the
federal reimbursement for a paid breakfast for each student receiving
breakfast who does not qualify for free or reduced-price breakfast
.
(C)
The department shall reimburse each public school and chartered
nonpublic school that participates in the national school lunch
program, from funds appropriated by the general assembly for that
purpose, an amount equal to the
sum
of the following:
(1)
The
difference
between the federal free reimbursement rate and the federal
reimbursement for a reduced-price lunch for each student eligible for
a reduced-price lunch and receiving lunch
;
(2)
The difference between the federal free reimbursement rate and the
federal reimbursement for a paid lunch for each student receiving
lunch who does not qualify for free or reduced-price lunch
.
Sec.
3313.819.
(A)
As used in this section, "national school breakfast program,"
"national school lunch program," and "public school"
all have the same meanings as in section 3301.91 of the Revised Code.
(B)
A public or chartered nonpublic school that participates in the
national school breakfast program shall provide each student
eligible
for a reduced-price breakfast
a
breakfast at no cost to the student.
A
public or chartered nonpublic school that participates in the
national school lunch program shall provide each student
eligible
for a reduced-price lunch
a
lunch at no cost to the student.
Section
2.
That
existing sections 3301.91 and 3313.819 of the Revised Code are hereby
repealed.
Section
3.
All
items in this act are hereby appropriated as designated out of any
moneys in the state treasury to the credit of the designated fund.
For all operating appropriations made in this act, those in the first
column are for fiscal year 2026 and those in the second column are
for fiscal year 2027. The operating appropriations made in this act
are in addition to any other operating appropriations made for these
fiscal years.
Section
4.
1
2
3
4
5
A
EDU
DEPARTMENT OF EDUCATION AND WORKFORCE
B
General
Revenue Fund
C
GRF
200505
School
Meal Programs
$300,000,000
$300,000,000
D
TOTAL
GRF General Revenue Fund
$300,000,000
$300,000,000
E
TOTAL
ALL BUDGET FUND GROUPS
$300,000,000
$300,000,000
SCHOOL
MEAL PROGRAMS
The
foregoing appropriation item 200505, School Meal Programs, shall be
used to support the reimbursements required by divisions (B)(2) and
(C)(2) of section 3301.91 of the Revised Code.
Section
5.
Within
the limits set forth in this act, the Director of Budget and
Management shall establish accounts indicating the source and amount
of funds for each appropriation made in this act, and shall determine
the manner in which appropriation accounts shall be maintained.
Expenditures from operating appropriations contained in this act
shall be accounted for as though made in, and are subject to all
applicable provisions of, the main operating appropriations act of
the 136th General Assembly.