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HB96 • 2026

School breakfast; availability at no cost to students.

<p class=ldtitle>A BILL to amend and reenact § 22.1-79.7:1 of the Code of Virginia and to repeal § 22.1-207.3 of the Code of Virginia, relating to school breakfast; availability at no cost to students.</p>

Children Education
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Bennett-Parker
Last action
2026-02-06
Official status
Continued
Effective date
Not listed

Plain English Breakdown

The bill summary and text do not provide specific financial details for reimbursement amounts.

Free School Breakfasts for Students

This bill requires public schools in Virginia to provide free breakfast to any student who asks, unless a parent gives written permission otherwise.

What This Bill Does

  • Requires each school board to ensure that all public elementary and secondary schools participate in the federal School Breakfast Program and make breakfast available at no cost to students who request it.
  • Limits the number of reimbursable free breakfasts per student to one per day and sets rules for state reimbursement based on federal rates.
  • Encourages schools to use different service models, such as serving breakfast after class starts or in classrooms, to increase access to the program.

Who It Names or Affects

  • Public elementary and secondary school students who want free breakfast at school.
  • School boards and public schools in Virginia.
  • Parents who can choose to opt their children out of the free breakfast program by providing written permission.

Terms To Know

Community Eligibility Provision
A federal program that allows schools with many low-income students to provide free meals without charging individual families.
Reimbursement
Money given back by the government to help pay for something, like school breakfasts.

Limits and Unknowns

  • The bill does not specify how much money will be available for state reimbursement.
  • It is unclear if all parents will allow their children to have free breakfast at school.

Bill History

  1. 2026-02-06 Appropriations

    Continued to 2027 in Appropriations (Voice Vote)

  2. 2026-02-02 Elementary & Secondary Education

    Subcommittee recommends continuing to 2027 (Voice Vote)

  3. 2026-01-28 House

    Fiscal Impact Statement from Department of Planning and Budget (HB96)

  4. 2026-01-22 Elementary & Secondary Education

    Assigned HAPP sub: Elementary & Secondary Education

  5. 2026-01-21 Education

    Reported from Education and referred to Appropriations (18-Y 4-N)

  6. 2026-01-20 K-12 Subcommittee

    Subcommittee recommends reporting and referring to Appropriations (10-Y 0-N)

  7. 2026-01-19 K-12 Subcommittee

    Assigned HED sub: K-12 Subcommittee

  8. 2026-01-02 House

    Prefiled and ordered printed; Offered 01-14-2026 26101172D

  9. 2026-01-02 Education

    Referred to Committee on Education

Official Summary Text

School breakfast; availability at no cost to students.
Requires each school board to require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture and to make breakfast available to any student who requests such a meal at no cost to the student, unless the student's parent has provided written permission to the school board to withhold such a meal from the student. The bill clarifies that the provision of a breakfast by a school to a student at no cost to the student shall not be construed as creating a disincentive for the school or local school division to participate in the federal Community Eligibility Provision program. Additionally, the bill provides that schools shall maximize the number of students who participate in the school breakfast program by implementing one or more suggested service models to increase access to such program. The bill requires the Department of Education to reimburse each public elementary and secondary school for each eligible school breakfast served to a student, with a maximum of one reimbursable breakfast per student per school day, and provides the formula for determining the state reimbursement rate for such meals. Finally, the bill repeals a provision of law relating to the federal School Breakfast Program that is rendered obsolete by the provisions of the bill. This bill is a recommendation of the Virginia Commission to End Hunger.

Current Bill Text

Read the full stored bill text
A BILL to amend and reenact §
22.1-79.7:1
of the Code of Virginia and to repeal §
22.1-207.3
of the Code of Virginia, relating to school breakfast; availability at no cost to students.

Be it enacted by the General Assembly of Virginia:

1. That §
22.1-79.7:1
of the Code of Virginia is amended and reenacted as follows:

§
22.1-79.7:1
. School meals; availability of school breakfast to students at no cost.

A. Each school board shall require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture and to make
(i)
lunch
and breakfast
available
pursuant to
such programs
the federal National School Lunch Program
to any student who requests
such
a
meal
school lunch
, regardless of whether such student has the money to pay for the
meal
lunch
or owes money for meals previously provided
and (ii) breakfast available
pursuant to the federal School Breakfast Program
to any student who requests a school breakfast
at no cost to the student
, unless the student's parent has provided written permission to the school board to withhold such a meal from the student.
Nothing in this subsection shall be construed as to create a financial disincentive to a school or local school
division for participating in the
federal
Community Eligibility Provision
program
under 42 U.S.C. § 1759a.

B.

School boards shall seek to achieve the highest practicable level of student participation in the school breakfast program
by implementing breakfast service models designed to maximize access, which may include any or all of the following: (i) serving breakfast after the start
of the instructional day, (ii) providing grab-and-go breakfast options, (iii) serving
and permitting the consumption of
breakfast in classrooms, and (iv) providing multiple points of access f
or
school
breakfast.

C.

Nothing in this section shall be construed to limit the ability of a school board to collect payment for meals provided pursuant to subsection A, provided, however, that no such school board shall utilize a nongovernmental third-party debt collector to collect on such debt.
The Department shall reimburse each public elementary and secondary school for
each
eligib
le
school breakfast served to a student
, with a maximum of one
reimbursable
breakfast per student per school day. The state reimbursement amount
for each school
shall be the difference between the amount paid by the U
.
S
.
Department of Agriculture and the free rate as set annually by the U
.
S
.
Secretary of Agriculture under 42
U.S.C. § 1759a.

D
. The Department may promulgate such rules as deemed necessary for the implementation of this section.

2. That §
22.1-207.3
of the Code of Virginia is repealed.