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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2092 By: Menz
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 3-119, which relates to school lunch
programs; adding the Healthy, Hunger-Free Kids Act of
2010 to list of apportioned funds; adding
definitions; mandating participation in the community
eligibility provision for certain schools; requiring
schools districts to maximize participation;
exempting schools that provide free meals through
other means; providing for codification; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-119, is
amended to read as follows:
Section 3-119. Funds appropriated to the State Board of
Education for School Lunch Matching and School Lunch Programs shall
be apportioned by the State Board of Education to each school
district for the purpose of providing meals for children in
compliance with the National School Lunch Act and, the Child
Nutrition Act of 1966 and, Public Law 91-248, and the Healthy,
Hunger-Free Kids Act of 2010, as they may hereafter be amended or
supplemented.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-119.2 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Community eligibility provision" or "CEP" means the
alternative reimbursement option for eligible high poverty schools
or group of schools as authorized by the Healthy, Hunger-Free Kids
Act of 2010, Pub. L. 111-296;
2. "Enrolled students" means students who are enrolled in and
attending schools participating in the community eligibility
provision and who have access to at least one meal service daily;
3. "Identified student" means any student who is directly
certified for free meals through means other than the use of an
individual household application, including, but not limited to, any
student who is directly certified for free meals based on the
student's participation in the Supplemental Nutrition Assistance
Program (SNAP), Temporary Assistance for Needy Families (TANF), and
Food Distribution Program on Indian Reservations and any homeless
child, runaway child, migrant child, or Head Start student, or any
foster child, who is approved as categorically eligible for free
meals by means other than a meal application;
4. "Identified student percentage" means the fraction,
expressed as a percentage, that results from dividing the number of
identified students enrolled in a school or group of schools by the
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total number of students enrolled in such school or group of
schools; and
5. "School" means any public, charter, or private school that
meets community eligibility provision criteria.
B. Each school or group of schools that has an identified
student percentage of at least twenty-five percent (25%), or an
identified student percentage of less than twenty-five percent (25%)
if authorized by federal law, as determined annually by April 1,
shall participate in the community eligibility provision in the
subsequent school year and throughout the duration of the community
eligibility provision's four-year cycle.
C. School districts, to the extent practicable, shall group
schools for purposes of maximizing the number of schools eligible to
participate in the community eligibility provision. Individual
schools participating in a group may have less than twenty-five
percent (25%) of identified students, provided the average
identified student percentage for the group is at least twenty-five
percent (25%).
D. Schools that, through an arrangement with a local entity,
provide all meals to all students at no cost to the students shall
be exempt from the requirements of this section.
SECTION 3. This act shall become effective July 1, 2025.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-10812 SW 01/13/25