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2021 - 2022 LEGISLATURE
January 4, 2022 - Introduced by Representatives Shelton, Hong, Andraca,
Emerson, B. Meyers, Vining, Stubbs, Anderson, Cabrera, Milroy, Pope,
Snodgrass, Neubauer, Vruwink, Sinicki, Spreitzer, Shankland, Conley,
Considine, Hesselbein, Hebl, Baldeh, L. Myers, Doyle, Subeck, Billings,
Ohnstad, S. Rodriguez, Moore Omokunde and Brostoff, cosponsored by
Senators Larson, Carpenter, Roys, Johnson, Agard and Smith. Referred to
Committee on Education.
AB805,1,5 1An Act to repeal 115.341; to renumber 115.34 (1); to amend 20.255 (1) (jg),
220.255 (2) (cm), 20.255 (2) (cn), 115.34 (title), 115.34 (2) and 115.341 (1); and to
3create
20.255 (2) (cL), 115.34 (1g) and 115.34 (3) to (5) of the statutes; relating
4to:
providing state aid to reimburse public and private schools that provide free
5meals to all pupils for the costs of those meals and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill provides additional state aid to public and private schools in this state
that provide free meals to all pupils.
Under current law, the Department of Public Instruction makes payments to
school districts, private schools, independent charter schools, tribal schools, the
Wisconsin Educational Services Program for the Deaf and Hard of Hearing, and the
Wisconsin Center for the Blind and Visually Impaired to partially match the federal
contribution under the National School Lunch Program, under which schools
provide free or reduced-price lunches to low-income children. Currently, the state
share for school lunches is a variable percentage of the amount of the federal basic
reimbursement, which is then allocated among eligible schools according to the
number of lunches served during the prior school year.
Also under current law, DPI provides a per meal reimbursement to school
districts, private schools, and tribal schools that provide breakfast to pupils under
the federal School Breakfast Program. Currently, the state provides a per meal
reimbursement of $0.15 for each breakfast served under the program, but, if there
is insufficient funding to pay the full amount, DPI prorates the payments.

Under the bill, a school is eligible for additional state reimbursement for
lunches and breakfasts served in a school year if the school 1) participates in both
the National School Lunch Program and the federal School Breakfast Program for
the school year; and 2) for each school day in which school is in session during the
school year, provides to any pupil who requests one, at no cost to the pupil, one lunch
and one breakfast that meet the federal food, nutritional, and other requirements for
meals served under the federal programs. Under the bill, DPI must reimburse an
eligible school a per meal amount that is equal to the federal reimbursement rate
applicable to the eligible school under the applicable federal program for a meal
served to a pupil who satisfies the income eligibility criteria for a free lunch, minus
any amount the eligible school receives from the federal government to pay for those
meals. In other words, the bill guarantees that an eligible school will receive a total
amount in state and federal aid that will reimburse the eligible school an amount
equal to the free meal reimbursement rate for each meal the eligible school serves.
The additional state reimbursement under the bill is available to school
districts, independent charter schools, private schools, tribal schools, residential
care centers for children and youth, the Wisconsin Educational Services Program for
the Deaf and Hard of Hearing, and the Wisconsin Center for the Blind and Visually
Impaired that meet the eligibility requirements.
Under the bill, if a school does not meet the eligibility requirements for the
additional state reimbursement for a school year, all of the following apply:
1. If the school participates in the National School Lunch Program for the
school year, DPI will reimburse the school an amount required to meet the state's
matching obligation under the federal program.
2. If the school participates in the federal School Breakfast Program for the
school year, DPI will reimburse the school $0.15 for each breakfast served under the
federal program, without proration.
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:
AB805,1 1Section 1. 20.255 (1) (jg) of the statutes is amended to read:
AB805,2,62 20.255 (1) (jg) School lunch handling charges. The amounts in the schedule
3for the transportation, warehousing, processing, and insuring of food products
4granted to this state by the federal government. All moneys received from contracts
5made under s. 115.34 (1) (1r), under which food products granted to the state by the
6federal government are utilized, shall be credited to this appropriation.
AB805,2
1Section 2. 20.255 (2) (cL) of the statutes is created to read:
AB805,3,32 20.255 (2) (cL) Reimbursement for school lunch programs. A sum sufficient for
3reimbursement for school lunch programs under s. 115.34 (2) and (5) (a) 1.
AB805,3 4Section 3. 20.255 (2) (cm) of the statutes is amended to read:
AB805,3,75 20.255 (2) (cm) Reimbursement for school breakfast programs. As a continuing
6appropriation, the amounts in the schedule
A sum sufficient for reimbursement for
7school breakfast programs under s. 115.341 115.34 (3) and (5) (a) 2.
AB805,4 8Section 4. 20.255 (2) (cn) of the statutes is amended to read:
AB805,3,119 20.255 (2) (cn) Aids for school lunches and nutritional improvement for the
10elderly
. The amounts in the schedule for the payment of school lunch aids under s.
11115.34 (2) and
for nutritional improvement under ss. 36.51, 38.36 , and 115.345.
AB805,5 12Section 5. 115.34 (title) of the statutes is amended to read:
AB805,3,13 13115.34 (title) School lunch program and breakfast programs.
AB805,6 14Section 6. 115.34 (1) of the statutes is renumbered 115.34 (1r).
AB805,7 15Section 7. 115.34 (1g) of the statutes is created to read:
AB805,3,1616 115.34 (1g) In this section:
AB805,3,1817 (a) “Eligible school” means a school that is eligible for reimbursement for a
18school year under sub. (4).
AB805,3,2419 (b) “Governing body” means the school board of a school district, operator of a
20charter school under s. 118.40 (2r) or (2x), governing body of a private school,
21governing body of a tribal school, operator of a residential care center for children and
22youth, as defined in s. 115.76 (14g), director of the Wisconsin Educational Services
23Program for the Deaf and Hard of Hearing, or director of the Wisconsin Center for
24the Blind and Visually Impaired.
AB805,4,5
1(c) “School” means a public school, including a charter school under s. 118.40
2(2r) or (2x), private school, tribal school, residential care center for children and
3youth, as defined in s. 115.76 (14g), the Wisconsin Educational Services Program for
4the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually
5Impaired.
AB805,8 6Section 8. 115.34 (2) of the statutes is amended to read:
AB805,4,207 115.34 (2) The Beginning with reimbursements paid in 2023-24 for school
8lunches served in the 2022-23 school year, from the appropriation under s. 20.255
9(2) (cL), the
state superintendent shall make payments to school districts, private
10schools, charter schools under s. 118.40 (2r) and (2x), tribal schools, the program
11under s. 115.52, and the center under s. 115.525
a payment to the governing body of
12a school that is not an eligible school for a school year and that participates in the
13national school lunch program, 42 USC 1751 to 1769j, for that school year
for school
14lunches served to children in the prior that school year as determined by the state
15superintendent from the appropriation under s. 20.255 (2) (cn). Payments shall
16equal the state's matching obligation under 42 USC 1751 et seq to 1769j. Payments
17in the current year shall be determined by prorating the state's matching obligation
18based on the number of school lunches served to children in the prior year. In this
19subsection, “private school" means any school defined in s. 115.001 (3r)
which
20complies with the requirements of 42 USC 2000d.
AB805,9 21Section 9. 115.34 (3) to (5) of the statutes are created to read:
AB805,5,222 115.34 (3) Beginning with reimbursements paid in 2023-24 for breakfasts
23served in the 2022-23 school year, from the appropriation under s. 20.255 (2) (cm),
24the state superintendent shall reimburse the governing body of a school that is not
25an eligible school for a school year and that participates in the federal school

1breakfast program, 42 USC 1773, for that school year 15 cents for each breakfast
2served in that school year at the school that meets the requirements of 7 CFR 220.8.
AB805,5,6 3(4) Beginning with reimbursements for school lunches and breakfasts served
4in the 2022-23 school year, the governing body of a school is eligible for
5reimbursement under sub. (5) for meals served in the school year only if the
6governing body does all of the following:
AB805,5,87(a) Participates in both the national school lunch program, 42 USC 1751 to
81769j, and the federal school breakfast program, 42 USC 1773, for the school year.
AB805,5,129 (b) For each day in which school is in session during the school year, provides
10to any pupil who requests, at no cost to the pupil, one lunch that meets the
11requirements under 7 CFR 210.10 and one breakfast that meets the requirements
12of 7 CFR 220.8.
AB805,5,15 13(5) (a) Beginning with reimbursements for school lunches and breakfasts
14served in the 2022-23 school year, subject to par. (b), the state superintendent shall
15reimburse the governing body of an eligible school all of the following amounts:
AB805,5,2016 1. From the appropriation under s. 20.255 (2) (cL), for each lunch the eligible
17school served under sub. (4) (b) in the prior school year, an amount equal to the
18federal reimbursement rate under the national school lunch program, 42 USC 1751
19to 1769j, applicable to the eligible school for serving a lunch to a pupil who satisfies
20the income eligibility criteria for a free lunch under 42 USC 1758 (b) (1).
AB805,5,2521 2. From the appropriation under s. 20.255 (2) (cm), for each breakfast the
22eligible school served under sub. (4) (b) in the prior school year, an amount equal to
23the federal reimbursement rate under the federal school breakfast program, 42 USC
241773
, applicable to the eligible school for serving a breakfast to a pupil who satisfies
25the income eligibility criteria for a free breakfast under 42 USC 1773 (e) (1) (A).
AB805,6,4
1(b) The state superintendent shall reduce the reimbursement amount the state
2superintendent pays to the governing body of an eligible school under par. (a) by any
3amount the governing body receives from the federal government as reimbursement
4for the same meals.
AB805,6,85 (c) The governing body of an eligible school may charge a pupil for food or drink
6items the eligible school serves to the pupil that are in addition to or different from
7the meals the eligible school is required to serve to the pupil at no cost under sub. (4)
8(b).
AB805,10 9Section 10. 115.341 of the statutes, as affected by 2021 Wisconsin Act .... (this
10act), is repealed.
AB805,11 11Section 11. 115.341 (1) of the statutes is amended to read:
AB805,6,1912 115.341 (1) From the appropriation under s. 20.255 (2) (cm), the state
13superintendent shall reimburse each school board 15 cents for each breakfast served
14at a school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is
15applicable, and shall reimburse each governing body of a private school or tribal
16school 15 cents for each breakfast served at the private school or tribal school that
17meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable. This
18subsection does not apply to reimbursements paid in 2023-24 for breakfasts served
19in the 2022-23 school year or in any school year thereafter.
AB805,12 20Section 12. Nonstatutory provisions.
AB805,6,2321 (1) Legislative purpose and intent. It is the intent of the legislature that no
22child in this state should experience hunger and that every school-age child should
23benefit from access to at least 2 healthy, nutritious meals during the school day.
AB805,7,424 (2) Transitional provision; reimbursement for school lunches served in
252021-22.
Notwithstanding s. 115.34 (2), the state superintendent of public instruction

1shall make payments to school districts, private schools, charter schools under s.
2118.40 (2r) and (2x), tribal schools, the program under s. 115.52, and the center under
3s. 115.525 for school lunches served to children in the 2021-22 school year as
4provided under s. 115.34 (2), 2019 stats.
AB805,13 5Section 13. Effective dates. This act takes effect on the day after publication,
6except as follows:
AB805,7,87 (1) The treatment of s. 20.255 (2) (cL), (cm), and (cn) and the repeal of s. 115.341
8take effect on July 1, 2023.
AB805,7,99 (End)
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