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23LSO-0413
2023
STATE OF WYOMING
23LSO-0413
Numbered
2.0
HOUSE BILL NO. HB0192
Education-K-12 food service program.
Sponsored by: Representative(s) Clouston, Allred, Andrew, Berger, Harshman, Lawley, Provenza and Zwonitzer, Dn and Senator(s) Rothfuss
A BILL
for
AN ACT relating to education; establishing a financial assistance program for public schools to operate food service programs; requiring school districts to establish food service programs; requiring school districts to make lunch available to every student enrolled in public school; modifying duties of the state superintendent of public instruction; requiring rulemaking; requiring reporting; making conforming amendments; providing appropriations; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 21
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109 is created to read:
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109.
Food service program assistance; application; criteria; limitations; reporting.
(a)
A school district may apply to the state department of education for assistance to fund an amount not to exceed fifty percent (50%) of the balance owed for unpaid meals served to students required under W.S. 21
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110(a)(xl) for the school year immediately preceding the application. Amounts awarded under this section shall be in addition to and shall not be considered in determining the school foundation program amount under the education resource block grant model pursuant to W.S. 21
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309.
To be eligible for financial assistance under this section, the school district shall charge the minimum price per meal established annually by the department pursuant to subsection (e) of this section.
(b)
Applications for financial assistance under this section shall be submitted on a form and in a manner specified by rule of the department, shall be filed with the department on or before September 30 to secure funds for the balance owed for unpaid meals served to students as required under W.S. 21
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110(a)(xl) accrued in the immediately preceding school year and shall include the following:
(i)
The number of meals served by the district's food service program to students as required under W.S. 21
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110(a)(xl);
(ii)
The price per meal charged for meals served to students as required under W.S. 21
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110(a)(xl);
(iii)
The balance owed for unpaid meals served to students as required under W.S. 21
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110(a)(xl), as documented and computed in accordance with department rule;
(iv)
Other necessary information required by the department.
(c)
Not later than February 15 each year following review of applications submitted under this section, the department shall notify applicant districts of an award of financial assistance under this section and shall provide each applicant district a written statement of the reasons for modifying or denying the application. If an application is approved, the department shall award the financial assistance from amounts made available by legislative appropriation for purposes of this section. To the extent the legislative appropriation is less than the approved applications, the distribution of funds to school districts shall be reduced by a pro rata amount.
(d)
The department of education shall promulgate rules necessary to carry out this section. The rules shall establish a process for the department to annually determine a minimum price per meal to be charged by school districts to receive financial assistance under this section that shall include review of lunch prices charged by Wyoming school districts and regionally.
Section 2.
W.S. 21
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202(a) by creating a new paragraph (xli) and 21
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110(a) by creating a new paragraph (xl) is amended to read:
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202.
Duties of the state superintendent.
(a)
In addition to any other duties assigned by law, the state superintendent shall:
(xli)
In addition to the duties prescribed by paragraph (x) of this subsection, by rule establish requirements for food service programs, including necessary procedural and monitoring requirements for implementation of the food service financial assistance program authorized pursuant to W.S. 21
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109. The state superintendent shall report information required to be reported by school districts under W.S. 21
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110(a)(xl) to the joint education interim committee not later than April 1 of each year.
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110.
Duties of boards of trustees.
(a)
The board of trustees in each school district shall:
(xl)
Effective school year 2023
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2024 and each school year thereafter, establish a food service program that, at minimum, makes lunch available to every student enrolled in public school every day school is in session. The board shall annually report to the state superintendent food service program revenues, expenses, per meal prices, the balance owed for unpaid meals
and program policies and procedures.
No school district shall be required to accept federal funds apportioned to the state for school lunch, milk or other commodities distribution programs authorized under W.S. 21
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202(a)(x).
Section 3.
W.S. 21
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111(a)(xi) is repealed.
Section 4.
(a)
There is appropriated one hundred fifty thousand dollars ($150,000.00) from the public school foundation program account to the department of education for the period beginning July 1, 2024 and ending June 30, 2026. This appropriation shall be used for the financial assistance program pursuant to W.S. 21
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109 as created by section 1 of this act. Of this appropriation, not more than seventy
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five thousand dollars ($75,000.00) shall be expended per school year. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation on June 30, 2026 shall revert as provided by law. It is the intent of the legislature that this appropriation be included in the standard budget for the department of education for the immediately succeeding fiscal biennium.
(b)
The funds appropriated under subsection (a) of this section shall be for financial assistance for food service programs for school year 2023
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2024 and school year 2024
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2025 pursuant to W.S. 21
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109 as created by section 1 of this act. The first date of application for financial assistance under W.S. 21
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109 as created by section 1 of this act shall be September 30, 2024.
Section 5
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(a)
Except as provided in subsection (b) of this section, this act is effective immediately upon completion of all acts necessary for a bill to become a law as provided by Article 4, Section 8 of the Wyoming Constitution.
(b)
Section 4 of this act is effective July 1, 2024.
(END)
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HB0192