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LRB-1212/2
KRP:ahe
2019 - 2020 LEGISLATURE
March 19, 2019 - Introduced by Representatives Tauchen, Ramthun, Myers,
Ohnstad, Vining, C. Taylor, Skowronski, Novak, Steffen, Subeck, Kulp,
Pope, Sinicki, Spreitzer, Sargent, Zamarripa and Pronschinske, cosponsored
by Senators L. Taylor, Cowles, Bernier, Smith and Hansen. Referred to
Committee on Education.
AB84,1,2 1An Act to create 115.3415 of the statutes; relating to: imposing requirements
2related to school lunch and breakfast programs in certain schools.
Analysis by the Legislative Reference Bureau
This bill 1) requires certain schools to provide a school lunch or breakfast to a
pupil who requests such a meal; 2) prohibits those schools from taking certain actions
against a pupil who is unable to pay for those meals; and 3) requires those schools
to provide information and take certain actions related to applications for free or
reduced-price meals.
The bill defines “school” as a public school, private school, charter school, tribal
school, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin
Educational Services Program for the Deaf and Hard of Hearing, provided the school,
program, or center receives state aid for providing school lunches and breakfasts
(free or reduced-price meals).
Under the bill, the school board of a school district, governing body of a private
school, operator of an independent charter school, governing body of a tribal school,
director of the program, or director of the center (governing body) must provide a
meal that is of a similar quality to a free or reduced-price meal (quality meal) to a
pupil who requests such a meal, regardless of the pupil's ability to pay for the meal,
and prohibits the governing body from providing a meal of inferior quality in place
of a quality meal. If the pupil is homeless and is enrolled in a public school or
independent charter school, the governing body of the school must provide the
quality meal to the pupil at no cost to the pupil.
The bill prohibits the governing body of a school from doing any of the following:

1. Publicly identifying or stigmatizing a pupil who is unable to pay for a quality
meal or who has outstanding debt related to a quality meal.
2. Requiring a pupil who is unable to pay for a quality meal, as a condition of
receiving the quality meal, to do chores or other work not expected of a pupil who has
the ability to pay.
3. Requiring a pupil who has received a quality meal to relinquish or throw
away that quality meal because the pupil is unable to pay for the quality meal or has
outstanding debt related to a quality meal.
4. Communicating directly with a pupil concerning the pupil's inability to pay
for a quality meal or to pay outstanding debt related to a quality meal.
5. Requiring a pupil or the pupil's parent or guardian to pay fees or costs
charged by a collection agency retained by the governing body to collect outstanding
debt related to a quality meal.
Finally, the bill requires the governing body of a school annually to provide
certain information regarding the application process to receive free or
reduced-price meals to the parent or guardian of each pupil enrolled in the school,
and, if the governing body determines that a pupil is eligible for free or reduced-price
meals but has not submitted an application, the governing body must submit an
application on the pupil's behalf.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB84,1 1Section 1. 115.3415 of the statutes is created to read:
AB84,2,3 2115.3415 School lunch and breakfast programs; requirements. (1) In
3this section:
AB84,2,44 (a) “Application” means an application to receive free or reduced-price meals.
AB84,2,75 (b) “Free or reduced-price meal” means a school lunch made available under
6the federal school lunch program, 42 USC 1751 to 1769j, or a breakfast made
7available under the federal school breakfast program, 42 USC 1773.
AB84,2,118 (c) “Governing body” means the school board of a school district, governing body
9of a private school, operator of a charter school under s. 118.40 (2r) or (2x), governing
10body of a tribal school, director of the program under s. 115.52, or director of the
11center under s. 115.525.
AB84,3,3
1(d) “Quality meal” means a school lunch or breakfast that satisfies the
2requirements for the governing body of a school to receive reimbursement under s.
3115.34 (2) or 115.341 (1).
AB84,3,44 (e) “School” means any of the following:
AB84,3,75 1. A public school, private school, charter school under s. 118.40 (2r) or (2x), or
6tribal school that receives a payment under s. 115.34 (2) for a school lunch served to
7a pupil at the school.
AB84,3,98 2. The program under s. 115.52, provided the program receives a payment
9under s. 115.34 (2) for a school lunch served to a pupil in the program.
AB84,3,1110 3. The center under s. 115.525, provided the center receives a payment under
11s. 115.34 (2) for a school lunch served to a pupil at the center.
AB84,3,1412 4. A public school, private school, or tribal school that receives a payment under
13s. 115.341 (1) for a breakfast served at the school that meets the requirements of 7
14CFR 220.8
.
AB84,3,22 15(2) (a) Annually by September 1, the governing body of a school shall provide
16to the parent or guardian of each pupil enrolled in the school an application and
17instructions for completing the application or, if the governing body uses an
18electronic application, information regarding the electronic application process and
19instructions on how the parent or guardian may obtain a printed application at no
20cost. To the extent practicable, the governing body shall provide the application,
21instructions, and information in a language the parent or guardian can understand
22or shall offer assistance to the parent or guardian in completing the application.
AB84,4,223 (b) If the governing body of a school determines that a pupil enrolled in the
24school is eligible for free or reduced-price meals but no application has been

1submitted on behalf of the pupil, the governing body shall complete and submit an
2application on behalf of the pupil as allowed under 7 CFR 245.6 (d).
AB84,4,8 3(3) (a) Except as provided in par. (b), the governing body of a school shall
4provide a quality meal to each pupil who requests one, regardless of the pupil's ability
5to pay for the quality meal, and may not give the pupil an inferior meal in place of
6a quality meal. If the pupil who requests a quality meal is homeless and is enrolled
7in a public school or charter school under s. 118.40 (2r) or (2x), the governing body
8of the school shall provide the pupil with a quality meal at no cost to the pupil.
AB84,4,119 (b) The governing body of a school is not required to provide a quality meal to
10a pupil if the pupil's parent or guardian has submitted written instruction to the
11governing body to withhold a quality meal.
AB84,4,12 12(4) The governing body of a school may not do any of the following:
AB84,4,1613 (a) Publicly identify or stigmatize a pupil who is unable to pay for a quality meal
14provided under sub. (3) or who owes money to the governing body related to those
15quality meals. In this paragraph, requiring a pupil to wear a wristband or badge or
16receive a hand stamp or marking is considered public identification.
AB84,4,1917 (b) Require a pupil who is unable to pay for a quality meal, as a condition of
18receiving a quality meal under sub. (3), to do chores or other work not expected of a
19pupil who has the ability to pay.
AB84,4,2320 (c) Require a pupil who has received a quality meal under sub. (3) to relinquish
21or throw away the quality meal because the pupil owes money to the governing body
22related to quality meals provided under sub. (3) or is unable to pay for the quality
23meal.
AB84,5,3
1(d) Communicate directly with a pupil concerning the pupil's inability to pay
2for a quality meal provided under sub. (3) or to pay other money owed to the
3governing body related to quality meals provided under sub. (3).
AB84,5,64 (e) Require a pupil or a pupil's parent or guardian to pay fees or costs charged
5by a collection agency retained by the governing body to collect money owed to the
6governing body related to quality meals provided under sub. (3).
AB84,5,8 7(5) If a pupil owes money to the governing body of a school for 5 or more quality
8meals provided under sub. (3), the governing body shall do all of the following:
AB84,5,129 (a) Determine whether the pupil is categorically eligible to receive free or
10reduced-price meals due to the pupil's participation, or the participation of a
11member of the pupil's household, in an assistance program, or is other source
12categorically eligible. In this paragraph:
AB84,5,1613 1. “Assistance program” means the federal temporary assistance for needy
14families program under 42 USC 601 to 619, the federal supplemental nutrition
15assistance program under 7 USC 2011 to 2036c, and the food distribution program
16on Indian reservations, under 7 USC 2013 (b) and 7 CFR 250, 253, and 254.
AB84,5,1917 2. “Other source categorically eligible” means eligibility based on a pupil being
18categorized as homeless, a migrant, a runaway, or a foster child or enrolled in a head
19start program.
AB84,5,2420 (b) Through the school's principal, assistant principal, or guidance counselor,
21make at least 2 attempts to communicate with the pupil's parent or guardian
22regarding the debt to discuss options for paying the debt and to provide assistance
23to the parent or guardian in completing an application if it is determined that the
24pupil may be eligible for free or reduced-price meals.
AB84,6,5
1(6) The governing body of a school may accept any donation, gift, or bequest
2made to the school for purposes of paying for quality meals provided to pupils under
3sub. (3). The governing body may use any moneys received under this subsection to
4pay any amounts owed by a pupil to the governing body related to those quality
5meals.
AB84,6,66 (End)
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