AB805: Bill Text

AB805,3,3 20.255 (2) (cL) Reimbursement for school lunch programs. A sum sufficient for reimbursement for school lunch programs under s. 115.34 (2) and (5) (a) 1.

AB805,3 Section 3. 20.255 (2) (cm) of the statutes is amended to read:

AB805,3,7 20.255 (2) (cm) Reimbursement for school breakfast programs. As a continuing appropriation, the amounts in the schedule A sum sufficient for reimbursement for school breakfast programs under s. 115.341 115.34 (3) and (5) (a) 2.

AB805,4 Section 4. 20.255 (2) (cn) of the statutes is amended to read:

AB805,3,11 20.255 (2) (cn) Aids for school lunches and nutritional improvement for the elderly. The amounts in the schedule for the payment of school lunch aids under s. 115.34 (2) and for nutritional improvement under ss. 36.51, 38.36 , and 115.345.

AB805,5 Section 5. 115.34 (title) of the statutes is amended to read:

AB805,3,13 115.34 (title) School lunch program and breakfast programs.

AB805,6 Section 6. 115.34 (1) of the statutes is renumbered 115.34 (1r).

AB805,7 Section 7. 115.34 (1g) of the statutes is created to read:

AB805,3,16 115.34 (1g) In this section:

AB805,3,18 (a) “Eligible school” means a school that is eligible for reimbursement for a school year under sub. (4).

AB805,3,24 (b) “Governing body” means the school board of a school district, operator of a charter school under s. 118.40 (2r) or (2x), governing body of a private school, governing body of a tribal school, operator of a residential care center for children and youth, as defined in s. 115.76 (14g), director of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or director of the Wisconsin Center for the Blind and Visually Impaired.

AB805,4,5 (c) “School” means a public school, including a charter school under s. 118.40 (2r) or (2x), private school, tribal school, residential care center for children and youth, as defined in s. 115.76 (14g), the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired.

AB805,8 Section 8. 115.34 (2) of the statutes is amended to read:

AB805,4,20 115.34 (2) The Beginning with reimbursements paid in 2023-24 for school lunches served in the 2022-23 school year, from the appropriation under s. 20.255 (2) (cL), the state superintendent shall make payments to school districts, private schools, charter schools under s. 118.40 (2r) and (2x), tribal schools, the program under s. 115.52, and the center under s. 115.525 a payment to the governing body of a school that is not an eligible school for a school year and that participates in the national school lunch program, 42 USC 1751 to 1769j, for that school year for school lunches served to children in the prior that school year as determined by the state superintendent from the appropriation under s. 20.255 (2) (cn). Payments shall equal the state's matching obligation under 42 USC 1751 et seq to 1769j. Payments in the current year shall be determined by prorating the state's matching obligation based on the number of school lunches served to children in the prior year. In this subsection, “private school" means any school defined in s. 115.001 (3r) which complies with the requirements of 42 USC 2000d.

AB805,9 Section 9. 115.34 (3) to (5) of the statutes are created to read:

AB805,5,2 115.34 (3) Beginning with reimbursements paid in 2023-24 for breakfasts served in the 2022-23 school year, from the appropriation under s. 20.255 (2) (cm), the state superintendent shall reimburse the governing body of a school that is not an eligible school for a school year and that participates in the federal school breakfast program, 42 USC 1773, for that school year 15 cents for each breakfast served in that school year at the school that meets the requirements of 7 CFR 220.8.

AB805,5,6 (4) Beginning with reimbursements for school lunches and breakfasts served in the 2022-23 school year, the governing body of a school is eligible for reimbursement under sub. (5) for meals served in the school year only if the governing body does all of the following:

AB805,5,8 (a) Participates in both the national school lunch program, 42 USC 1751 to 1769j, and the federal school breakfast program, 42 USC 1773, for the school year.

AB805,5,12 (b) For each day in which school is in session during the school year, provides to any pupil who requests, at no cost to the pupil, one lunch that meets the requirements under 7 CFR 210.10 and one breakfast that meets the requirements of 7 CFR 220.8.

AB805,5,15 (5) (a) Beginning with reimbursements for school lunches and breakfasts served in the 2022-23 school year, subject to par. (b), the state superintendent shall reimburse the governing body of an eligible school all of the following amounts:

AB805,5,20 1. From the appropriation under s. 20.255 (2) (cL), for each lunch the eligible school served under sub. (4) (b) in the prior school year, an amount equal to the federal reimbursement rate under the national school lunch program, 42 USC 1751 to 1769j, applicable to the eligible school for serving a lunch to a pupil who satisfies the income eligibility criteria for a free lunch under 42 USC 1758 (b) (1).

AB805,5,25 2. From the appropriation under s. 20.255 (2) (cm), for each breakfast the eligible school served under sub. (4) (b) in the prior school year, an amount equal to the federal reimbursement rate under the federal school breakfast program, 42 USC 1773, applicable to the eligible school for serving a breakfast to a pupil who satisfies the income eligibility criteria for a free breakfast under 42 USC 1773 (e) (1) (A).

AB805,6,4 (b) The state superintendent shall reduce the reimbursement amount the state superintendent pays to the governing body of an eligible school under par. (a) by any amount the governing body receives from the federal government as reimbursement for the same meals.

AB805,6,8 (c) The governing body of an eligible school may charge a pupil for food or drink items the eligible school serves to the pupil that are in addition to or different from the meals the eligible school is required to serve to the pupil at no cost under sub. (4) (b).

AB805,10 Section 10. 115.341 of the statutes, as affected by 2021 Wisconsin Act .... (this act), is repealed.

AB805,11 Section 11. 115.341 (1) of the statutes is amended to read:

AB805,6,19 115.341 (1) From the appropriation under s. 20.255 (2) (cm), the state superintendent shall reimburse each school board 15 cents for each breakfast served at a school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable, and shall reimburse each governing body of a private school or tribal school 15 cents for each breakfast served at the private school or tribal school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable. This subsection does not apply to reimbursements paid in 2023-24 for breakfasts served in the 2022-23 school year or in any school year thereafter.

AB805,12 Section 12. Nonstatutory provisions.

AB805,6,23 (1) Legislative purpose and intent. It is the intent of the legislature that no child in this state should experience hunger and that every school-age child should benefit from access to at least 2 healthy, nutritious meals during the school day.

AB805,7,4 (2) Transitional provision; reimbursement for school lunches served in 2021-22. Notwithstanding s. 115.34 (2), the state superintendent of public instruction shall make payments to school districts, private schools, charter schools under s. 118.40 (2r) and (2x), tribal schools, the program under s. 115.52, and the center under s. 115.525 for school lunches served to children in the 2021-22 school year as provided under s. 115.34 (2), 2019 stats.

AB805,13 Section 13. Effective dates. This act takes effect on the day after publication, except as follows:

AB805,7,8 (1) The treatment of s. 20.255 (2) (cL), (cm), and (cn) and the repeal of s. 115.341 take effect on July 1, 2023.

AB805,7,9 (End)