School Lunch Amendments

21
53F-2-423
53G-7-1202
53G-7-1205
53G-7-1207
53G-9-216
0
School Lunch Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tiara Auxier
Senate Sponsor: Keith Grover
LONG TITLE
General Description:
This bill enacts provisions related to school community councils, school meals, and recess
in public school.
Highlighted Provisions:
This bill:
defines terms;
requires a local education agency to establish a share table program;
requires a school community council and a charter school's wellness committee or a
charter trust land council to hold a school lunch planning meeting;
creates a reporting requirement;
creates certain requirements regarding recess in an elementary school; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53F-2-423
, as enacted by Laws of Utah 2025, Chapter 203
53G-7-1202
, as last amended by Laws of Utah 2024, Chapter 66
53G-7-1205
, as last amended by Laws of Utah 2020, Chapter 161
ENACTS:
53G-7-1207
, Utah Code Annotated 1953
53G-9-216
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53F-2-423
is amended to read:
53F-2-423
. School meal program.
(1)
As used in this section:
(a)
"Education model health and wellness policy on nutrition" means state board policy
emphasizing that an LEA promote efficient meal scheduling, provide adequate time
for eating, and implement practices that help reduce food waste.
(b)
"Eligible student" means a student enrolled in kindergarten through grade 12 who
qualifies for reduced-price meals based on household size and income levels under
the National School Lunch Program.
(c)
"National School Lunch Program" means the same as that term is defined in 7 C.F.R.
Sec. 210.2.
(d)
"Share table program" means a system in a school where a student may return
unopened, uneaten food or beverages to a designated location for redistribution to
other students.
(2)
An LEA participating in the National School Lunch Program shall provide lunch to an
eligible student on a school day at no charge.
(3)
The state board:
(a)
shall:
(i)
subject to legislative appropriations, reimburse an LEA for each reimbursable
lunch provided under this section in an amount equal to the difference between the
federal reimbursement rates for a meal and a reduced-price meal, as determined
annually by the United States Department of Agriculture;
(ii)
establish a reimbursement system where the board provides a monthly
reimbursement to an LEA that provides a meal under Subsection
(2)
; and
(iii)
accept private donations and grants for the purpose of funding the school meal
program described in this section; and
(b)
may provide guidance and support to a school implementing the food waste
prevention strategies described in Subsection
(6)
.
(4)
An LEA may not:
(a)
publicly identify or stigmatize a student unable to pay for a meal; or
(b)
require a student to perform chores to pay for a meal unless the requirement applies
equally to all students regardless of whether the student pays for the meal.
(5)
An LEA shall direct communications regarding a student's meal debt only to the
student's parent.
(6)
An LEA participating in the National School Lunch Program shall consider, where
feasible, reducing food waste by
:
(a)

following the education model health and wellness policy on nutrition
; and
.
(b)
establishing a share table program.
(7)
An LEA shall establish and implement a share table program at each school within the
LEA's jurisdiction.
(7)
(8)
(a)
Notwithstanding Subsection
(3)(a)(i)
, if appropriations are insufficient to
fully reimburse each LEA for the cost of a reimbursable lunch described in this
section, the state board shall distribute the available funds in the fourth quarter of the
fiscal year to each LEA on a pro rata basis, not exceeding the available funds.
(b)
An LEA may ask the parent of an eligible student to cover the remaining cost of a
subsidized lunch under this section.
Section 2. Section
53G-7-1202
is amended to read:
53G-7-1202
. School community councils -- Duties -- Composition -- Election
procedures and selection of members.
(1)
As used in this section:
(a)
"Digital citizenship" means the norms of appropriate, responsible, and healthy
behavior related to technology use, including digital literacy, ethics, etiquette, and
security.
(b)
"Educator" means the same as that term is defined in Section
53E-6-102
.
(c)
(i)
"Parent member" means a member of a school community council who is a
parent of a student who:
(A)
is attending the school; or
(B)
will be enrolled at the school during the parent's term of office.
(ii)
"Parent member" may not include an educator who is employed at the school.
(d)
"Safety principles" means safety principles that, when incorporated into programs
and resources, impact academic achievement by strengthening a safe and wholesome
learning environment, including continual efforts for safe technology utilization and
digital citizenship.
(e)
"School community council" means a council established at a district school in
accordance with this section.
(f)
"School employee member" means a member of a school community council who is
a person employed at the school by the school or school district, including the
principal.
(g)
"School LAND Trust Program money" means money allocated to a school pursuant
to Section
53F-2-404
.
(2)
A district school, in consultation with the district school's local school board, shall
establish a school community council at the school building level for the purpose of:
(a)
involving parents of students in decision making at the school level;
(b)
improving the education of students;
(c)
prudently expending School LAND Trust Program money for the improvement of
students' education through collaboration among parents, school employees, and the
local school board; and
(d)
increasing public awareness of:
(i)
school trust lands and related land policies;
(ii)
management of the State School Fund established in Utah Constitution Article X,
Section V; and
(iii)
educational excellence.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a school community council shall:
(i)
create the School LAND Trust Program and LAND Trust plan in accordance with
Section
53G-7-1206
;
(ii)
hold a school lunch planning meeting in accordance with Section
53G-7-1207
;
(ii)
(iii)
advise and make recommendations to school and school district
administrators and the local school board regarding:
(A)
the school and its programs;
(B)
school district programs;
(C)
a child access routing plan in accordance with Section
53G-4-402
;
(D)
safe technology utilization and digital citizenship; and
(E)
other issues relating to the community environment for students;
(iii)
(iv)
provide for education and awareness on safe technology utilization and
digital citizenship that empowers:
(A)
a student to make smart media and online choices; and
(B)
a parent to know how to discuss safe technology use with the parent's child;
(iv)
(v)
partner with the school's principal and other administrators to ensure that
adequate on and off campus Internet filtering is installed and consistently
configured to prevent viewing of harmful content by students and school
personnel, in accordance with local school board policy and Subsection
53G-7-216(3)
;
(v)
(vi)
in accordance with state board rule regarding school community council
expenditures and funding limits:
(A)
work with students, families, and educators to develop and incorporate safety
principles at the school; and
(B)
hold at least an annual discussion with the school's principal and district
administrators regarding safety principles at the school and district level in
order to coordinate the school community council's effort to develop and
incorporate safety principles at the school; and
(vi)
(vii)
provide input to the school's principal on a positive behaviors plan in
accordance with Section
53G-10-407
.
(b)
To fulfill the school community council's duties described in Subsections
(3)(a)(iii)

and
(iv)
, a school community council may:
(i)
partner with one or more non-profit organizations; or
(ii)
create a subcommittee.
(c)
A school or school district administrator may not prohibit or discourage a school
community council from discussing issues, or offering advice or recommendations,
regarding the school and its programs, school district programs, the curriculum, or
the community environment for students.
(4)
(a)
Except as provided in Subsection
(4)(e)
, each school community council shall
consist of school employee members and parent members in accordance with this
section.
(b)
Except as provided in Subsection
(4)(c)
or
(d)
:
(i)
each school community council for a high school shall have six parent members
and four school employee members, including the principal; and
(ii)
each school community council for a school other than a high school shall have
four parent members and two school employee members, including the principal.
(c)
A school community council may determine the size of the school community
council by a majority vote of a quorum of the school community council provided
that:
(i)
the membership includes two or more parent members than the number of school
employee members; and
(ii)
there are at least two school employee members on the school community council.
(d)
(i)
The number of parent members of a school community council who are not
educators employed by the school district shall exceed the number of parent
members who are educators employed by the school district.
(ii)
If, after an election, the number of parent members who are not educators
employed by the school district does not exceed the number of parent members
who are educators employed by the school district, the parent members of the
school community council shall appoint one or more parent members to the school
community council so that the number of parent members who are not educators
employed by the school district exceeds the number of parent members who are
educators employed by the school district.
(e)
The state board may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, governing a school community council when, under
unique circumstances that the state board identifies, there are insufficient members to
fill the positions described in this Subsection
(4)
.
(5)
(a)
Except as provided in Subsection
(5)(f)
, a school employee member, other than
the principal, shall be elected by secret ballot by a majority vote of the school
employees and serve a two-year term. The principal shall serve as an ex officio
member with full voting privileges.
(b)
(i)
Except as provided in Subsection
(5)(f)
, a parent member shall be elected by
secret ballot at an election held at the school by a majority vote of those voting at
the election and serve a two-year term.
(ii)
(A)
Except as provided in Subsection
(5)(b)(ii)(B)
, only a parent of a student
attending the school may vote in, or run as a candidate in, the election under
Subsection
(5)(b)(i)
.
(B)
If an election is held in the spring, a parent of a student who will be attending
the school the following school year may vote in, and run as a candidate in, the
election under Subsection
(5)(b)(i)
.
(iii)
Any parent of a student who meets the qualifications of this section may file or
declare the parent's candidacy for election to a school community council.
(iv)
(A)
Subject to Subsections
(5)(b)(iv)(B)
and
(5)(b)(iv)(C)
, a timeline for the
election of parent members of a school community council shall be established
by a local school board for the schools within the school district.
(B)
An election for the parent members of a school community council shall be
held near the beginning of the school year or held in the spring and completed
before the last week of school.
(C)
Each school shall establish a time period for the election of parent members of
a school community council under Subsection
(5)(b)(iv)(B)
that is consistent
for at least a four-year period.
(c)
(i)
At least 10 days before the date that voting commences for the elections held
under Subsections
(5)(a)
and
(5)(b)
, the principal of the school, or the principal's
designee, shall provide notice to each school employee or parent of the
opportunity to vote in, and run as a candidate in, an election under this Subsection
(5)
.
(ii)
The notice shall include:
(A)
the dates and times of the elections;
(B)
a list of council positions that are up for election; and
(C)
instructions for becoming a candidate for a community council position.
(iii)
The principal of the school, or the principal's designee, shall oversee the
elections held under Subsections
(5)(a)
and
(5)(b)
.
(iv)
Ballots cast in an election held under Subsection
(5)(b)
shall be deposited in a
secure ballot box.
(d)
Results of the elections held under Subsections
(5)(a)
and
(5)(b)
shall be made
available to the public upon request.
(e)
(i)
If a parent position on a school community council remains unfilled after an
election is held, the other parent members of the council shall appoint a parent
who meets the qualifications of this section to fill the position.
(ii)
If a school employee position on a school community council remains unfilled
after an election is held, the other school employee members of the council shall
appoint a school employee to fill the position.
(iii)
A member appointed to a school community council under Subsection
(5)(e)(i)

or
(ii)
shall serve a two-year term.
(f)
(i)
If the number of candidates who file for a parent position or school employee
position on a school community council is less than or equal to the number of
open positions, an election is not required.
(ii)
If an election is not held
pursuant to
Subsection
(5)(f)(i)
and a parent position
remains unfilled, the other parent members of the council shall appoint a parent
who meets the qualifications of this section to fill the position.
(iii)
If an election is not held
pursuant to
Subsection
(5)(f)(i)
and a school employee
position remains unfilled, the other school employee members of the council shall
appoint a school employee who meets the qualifications of this section to fill the
position.
(g)
The principal shall enter the names of the council members on the School LAND
Trust website on or before October 20 of each year,
pursuant to
Section
53G-7-1203
.
(h)
Terms shall be staggered so that approximately half of the council members stand for
election each year.
(i)
A school community council member may serve successive terms provided the
member continues to meet the definition of a parent member or school employee
member as specified in Subsection
(1)
.
(j)
Each school community council shall elect:
(i)
a chair from its parent members; and
(ii)
a vice chair from either its parent members or school employee members,
excluding the principal.
(6)
(a)
A school community council may create subcommittees or task forces to:
(i)
advise or make recommendations to the council; or
(ii)
develop all or part of a plan listed in Subsection
(3)
.
(b)
Any plan or part of a plan developed by a subcommittee or task force shall be subject
to the approval of the school community council.
(c)
A school community council may appoint individuals who are not council members
to serve on a subcommittee or task force, including parents, school employees, or
other community members.
(7)
(a)
A majority of the members of a school community council is a quorum for the
transaction of business.
(b)
The action of a majority of the members of a quorum is the action of the school
community council.
(8)
A local school board shall provide training for a school community council each year,
including training:
(a)
for the chair and vice chair about their responsibilities;
(b)
on resources available on the School LAND Trust website; and
(c)
on this part.
Section 3. Section
53G-7-1205
is amended to read:
53G-7-1205
. Charter trust land councils.
(1)
As used in this section, "council" means a charter trust land council described in this
section.
(2)
To receive School LAND Trust Program funding as described in Sections
53F-2-404

and
53G-7-1206
, a charter school governing board shall establish a charter trust land
council, which shall prepare a plan for the use of School LAND Trust Program money
that includes the elements described in Subsection
53G-7-1206(4)
.
(3)
(a)
The membership of the council shall include parents or grandparents of students
enrolled at the charter school and may include other members.
(b)
The number of council members who are parents or grandparents of students
enrolled at the charter school shall exceed all other members combined by at least
two.
(4)
A charter school governing board may serve as the charter school's council if the
membership of the charter school governing board meets the requirements of Subsection
(3)(b)
.
(5)
(a)
Except as provided in Subsection
(5)(b)
, council members who are parents or
grandparents of students enrolled at the school shall be elected in accordance with
procedures established by the charter school governing board.
(b)
Subsection
(5)(a)
does not apply to a charter school governing board that serves as a
council.
(6)
A parent or grandparents of a student enrolled at a charter school shall serve as chair or
co-chair of the charter school's council.
(7)
In accordance with state board rule regarding charter trust land council expenditures and
funding limits, a charter trust land council shall:
(a)
work with students, families, and educators to develop and incorporate safety
principles, as defined in Section
53G-7-1202
, at the school; and
(b)
hold at least an annual discussion with charter school administrators to coordinate
efforts to develop and incorporate safety principles, as defined in Section
53G-7-1202
,
at the school level.
(8)
A charter trust land council shall provide input to the school's principal on a positive
behaviors plan in accordance with Section
53G-10-407
.
(9)
A charter trust land council may hold a school lunch planning meeting in accordance
with Section
53G-7-1207
.
Section 4. Section
53G-7-1207
is enacted to read:
53G-7-1207
. School lunch planning meeting.
(1)
As used in this section, "school" means a district or charter school that provides
instruction to a student in kindergarten or grade 1, 2, 3, 4, 5, or 6.
(2)
A school community council and a charter school's wellness committee or charter trust
land council shall:
(a)
hold an annual school lunch planning meeting to:
(i)
review and discuss:
(A)
the state board's model policy on health and wellness; and
(B)
the survey results from the survey described in Subsection
(2)(c)(i)
;
(ii)
propose a plan for how each school can work toward implementing the policies
described in the state board's model policy on health and wellness regarding
school lunch; and
(iii)
create a proposed plan for the school's lunch and recess times, including:
(A)
how much time a student will have to eat lunch; and
(B)
if midday recess will be before or after lunch;
(b)
ensure that the meeting described in Subsection
(2)(a)
:
(i)
complies with the open and public meeting requirements described in Section
53G-7-1203
; and
(ii)
allows for public comment during the course of the meeting without the
requirement that a member of the public sign up to speak before the meeting starts;
(c)
at least one week in advance of the date on which the meeting is set to occur:
(i)
before holding the meeting described in Subsection
(2)(a)
, instruct the principal of
each school to send a survey to each parent of a student enrolled at the school
through email to collect the parent's input on the:
(A)
policies described in the state board's model policy on health and wellness
regarding school lunch; and
(B)
proposed school lunch plan the school community council, charter school
wellness committee, or charter trust land council will discuss during the
meeting; and
(ii)
notify each parent of a student enrolled at the school of:
(A)
the meeting's time; and
(B)
the meeting's location; and
(d)
after holding the meeting described in Subsection
(2)(a)
instruct the principal of each
school to send a signed, written assurance to the state board:
(i)
confirming the occurrence of the meeting; and
(ii)
detailing the proposed plan discussed at the meeting and the reasons for
proposing the plan.
Section 5. Section
53G-9-216
is enacted to read:
53G-9-216
. Recess in an elementary school.
(1)
As used in this section:
(a)
"Elementary school" means a district or charter school that provides instruction to a
student in kindergarten or grade 1, 2, 3, 4, or 5.
(b)
"Elementary school student" means the same as that term is defined in Section
53G-7-501
.
(2)
An elementary school may not:
(a)
withhold, from an elementary school student, recess, physical education, or other
physical activity, as a punishment for:
(i)
poor behavior;
(ii)
incomplete classwork; or
(iii)
remediation purposes; and
(b)
reduce the total minutes of daily recess for any grade level to meet the school lunch
target goal as that term is defined in Section
53G-7-1207
.
(3)
Notwithstanding Subsection
(2)
, an educator or administrator may withhold recess,
physical education, or other physical activities from an elementary school student if:
(a)
the restriction is consistent with the elementary student's:
(i)
IEP
; or
(ii)
Section 504 accommodation plan;
(b)
there is an immediate or significant risk to the health or safety of the elementary
student or others; or
(c)
the student engaged in poor behavior during recess or a physical education class.
Section 6.
Effective Date.
This bill takes effect on
July 1, 2026
.
2-21-26 5:04 PM