(1) For the
purposes of this section:
(a) "Free or reduced-price lunch" means a lunch served by a
school district participating in the national school lunch
program to a student qualifying for national school lunch program
benefits based on family size-income criteria.
(b) "School lunch program" means a meal program meeting the
requirements defined by the superintendent of public instruction
under subsection (2)(b) of this section.
(c) "School breakfast program" means a program meeting
federal requirements defined in 42 U.S.C. Sec. 1773.
(d) "Severe-need school" means a school that qualifies for a
severe-need school reimbursement rate from federal funds for
school breakfasts served to children from low-income families.
(e) "Summer food service program" means a meal or snack
program meeting the requirements defined by the superintendent of
public instruction under subsection (4) of this section.
(2) School districts shall implement a school lunch program
in each public school in the district in which educational
services are provided to children in any of the grades
kindergarten through four and in which twenty-five percent or
more of the enrolled students qualify for a free or reduced-price
lunch. In developing and implementing its school lunch program,
each school district may consult with an advisory committee
including school staff, community members, and others appointed
by the board of directors of the district.
(a) Applications to determine free or reduced-price lunch
eligibility shall be distributed and collected for all households
of children in schools containing any of the grades kindergarten
through four and in which there are no United States department
of agriculture child nutrition programs. The applications that
are collected must be reviewed to determine eligibility for free
or reduced-price lunches. Nothing in this section shall be
construed to require completion or submission of the application
by a parent or guardian.
(b) Using the most current available school data on free and
reduced-price lunch eligibility, the superintendent of public
instruction shall adopt a schedule for implementation of school
lunch programs at each school required to offer such a program
under subsection (2) of this section as follows:
(i) Schools not offering a school lunch program and in which
twenty-five percent or more of the enrolled students are eligible
for free or reduced-price lunch shall implement a school lunch
program not later than the second day of school in the 2005-06
school year and in each school year thereafter.
(ii) The superintendent shall establish minimum standards
defining the lunch meals to be served, and such standards must be
sufficient to qualify the meals for any available federal
reimbursement.
(iii) Nothing in this section shall be interpreted to
prevent a school from implementing a school lunch program earlier
than the school is required to do so.
(3) To extent funds are appropriated for this purpose, each
school district shall implement a school breakfast program in
each school where more than forty percent of students eligible to
participate in the school lunch program qualify for free or
reduced-price meal reimbursement by the school year 2005-06. For
the second year before the implementation of the district's
school breakfast program, and for each subsequent school year,
each school district shall submit data enabling the
superintendent of public instruction to determine which schools
within the district will qualify for this requirement. Schools
where lunch programs start after the 2003-04 school year, where
forty percent of students qualify for free or reduced-price
meals, must begin school breakfast programs the second year
following the start of a lunch program.
(4) Each school district shall implement a summer food
service program in each public school in the district in which a
summer program of academic, enrichment, or remedial services is
provided and in which fifty percent or more of the children
enrolled in the school qualify for free or reduced-price lunch.
However, the superintendent of public instruction shall develop
rules establishing criteria to permit an exemption for a school
that can demonstrate availability of an adequate alternative
summer feeding program. Sites providing meals should be open to
all children in the area, unless a compelling case can be made to
limit access to the program. The superintendent of public
instruction shall adopt a definition of compelling case and a
schedule for implementation as follows:
(a) Beginning the summer of 2005 if the school currently
offers a school breakfast or lunch program; or
(b) Beginning the summer following the school year during
which a school implements a school lunch program under subsection
(2)(b) of this section.
(5) Schools not offering a breakfast or lunch program may
meet the meal service requirements of subsections (2)(b) and (4)
of this section through any of the following:
(a) Preparing the meals on-site;
(b) Receiving the meals from another school that
participates in a United States department of agriculture child
nutrition program; or
(c) Contracting with a nonschool entity that is a licensed
food service establishment under RCW 69.07.010.
(6) Requirements that school districts have a school lunch,
breakfast, or summer nutrition program under this section shall
not create or imply any state funding obligation for these costs.
The legislature does not intend to include these programs within
the state's obligation for basic education funding under Article
IX of the state Constitution.
(7) The requirements in this section shall lapse if the
federal reimbursement for any school breakfasts, lunches, or
summer food service programs is eliminated.
(8) School districts may be exempted from the requirements
of this section by showing good cause why they cannot comply with
the office of the superintendent of public instruction to the
extent that such exemption is not in conflict with federal or
state law. The process and criteria by which school districts
are exempted shall be developed by the office of the
superintendent of public instruction in consultation with
representatives of school directors, school food service,
community-based organizations and the Washington state PTA.
[2005 c 287 § 1; 2004 c 54 § 2.]
NOTES:
Findings -- 2005 c 287; 2004 c 54: "The legislature
recognizes that hunger and food insecurity are serious problems
in the state. Since the United States department of agriculture
began to collect data on hunger and food insecurity in 1995,
Washington has been ranked each year within the top ten states
with the highest levels of hunger. A significant number of these
households classified as hungry are families with children.
The legislature recognizes the correlation between adequate
nutrition and a child's development and school performance. This
problem can be greatly diminished through improved access to
federal nutrition programs.
The legislature also recognizes that improved access to
federal nutrition and assistance programs, such as the federal
food stamp program and child nutrition programs, can be a
critical factor in enabling recipients to gain the ability to
support themselves and their families. This is an important step
towards self-sufficiency and decreased long-term reliance on
governmental assistance and will serve to strengthen families in
this state." [2005 c 287 § 2; 2004 c 54 § 1.]
Conflict with federal requirements -- 2004 c 54: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [2004 c 54 § 6.]