2021 - 2022 LEGISLATURE

2021 Assembly BILL 805

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 An Act to repeal 115.341; to renumber 115.34 (1); to amend 20.255 (1) (jg), 20.255 (2) (cm), 20.255 (2) (cn), 115.34 (title), 115.34 (2) and 115.341 (1); and to create 20.255 (2) (cL), 115.34 (1g) and 115.34 (3) to (5) of the statutes; relating to: providing state aid to reimburse public and private schools that provide free meals 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 Section 1. 20.255 (1) (jg) of the statutes is amended to read:

AB805,2,6 20.255 (1) (jg) School lunch handling charges. The amounts in the schedule for the transportation, warehousing, processing, and insuring of food products granted to this state by the federal government. All moneys received from contracts made under s. 115.34 (1) (1r), under which food products granted to the state by the federal government are utilized, shall be credited to this appropriation.

AB805,2 Section 2. 20.255 (2) (cL) of the statutes is created to read:

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: