SF 58 (LSB 1952XS (4) 91)

SENATE FILE 58

BY  WEINER, DOTZLER, DONAHUE, WINCKLER, CELSI, BLAKE, TRONE GARRIOTT, KNOX, BENNETT, TOWNSEND, STAED, PETERSEN, QUIRMBACH, WAHLS, and BISIGNANO

A BILL FOR

An Act relating to school lunch and breakfast programs provided by school districts, accredited nonpublic schools, charter schools, and innovation zone schools, making appropriations, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256E.7, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0t.  Be subject to and comply with the requirements of section 283A.6 relating to free school lunch and breakfast programs in the same manner as a school district.
    Sec. 2.  Section 256F.4, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  r.  Be subject to and comply with the requirements of section 283A.6 relating to free school lunch and breakfast programs in the same manner as a school district.
    Sec. 3.  Section 283A.2, subsection 2, Code 2025, is amended to read as follows:
   2.  A school district shall operate or provide for the operation of lunch programs at all attendance centers in the district. A Unless required under section 283A.6, a school district may operate or provide for the operation of school breakfast programs at all attendance centers in the district, or provide access to a school breakfast program at an alternative site to students who wish to participate in a school breakfast program. The programs shall provide students with nutritionally adequate meals and shall be operated in compliance with the rules of the state board of education and pertinent federal law and regulation. The school lunch program shall be provided for all students in each district who attend public school four or more hours each school day and wish to participate in a school lunch program. School districts may provide school breakfast and lunch programs for other students.
    Sec. 4.  NEW SECTION.  283A.6  Free school lunch and breakfast programs.
   1.  For the fiscal year beginning July 1, 2025, and ending June 30, 2026, each school district described in chapter 274, accredited nonpublic school, charter school organized under chapter 256E, and charter school or innovation zone school organized under chapter 256F shall operate a program under which breakfasts and lunches are served to students in attendance at no charge to the student or the student’s family if the student’s family has a family income that is less than or equal to three hundred percent of the federal poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services. Meals served pursuant to this subsection shall be nutritionally adequate meals. This subsection is repealed July 1, 2026.
   2.  For the fiscal year beginning July 1, 2026, and ending June 30, 2027, each school district described in chapter 274, accredited nonpublic school, charter school organized under chapter 256E, and charter school or innovation zone school organized under chapter 256F shall operate a program under which breakfasts and lunches are served to students in attendance at no charge to the student or the student’s family if the student’s family has a family income that is less than or equal to four hundred percent of the federal poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services. Meals served pursuant to this subsection shall be nutritionally adequate meals. This subsection is repealed July 1, 2027.
   3.  For the fiscal year beginning July 1, 2027, and for each fiscal year thereafter, each school district described in chapter 274, accredited nonpublic school, charter school organized under chapter 256E, and charter school or innovation zone school organized under chapter 256F shall operate a program under which breakfasts and lunches are served to students in attendance at no charge to the student or the student’s family. Meals served pursuant to this subsection shall be nutritionally adequate meals.
   4.  For the fiscal year beginning July 1, 2025, and for each fiscal year thereafter, there is appropriated from the general fund of the state to the department of education an amount necessary to make the payments to school districts described in chapter 274, accredited nonpublic schools, charter schools organized under chapter 256E, and charter schools and innovation zone schools organized under chapter 256F necessary to cover the costs of providing school lunches and school breakfasts pursuant to this section that are not covered by any Act of Congress and appropriated to the state of Iowa for use in connection with school breakfast or lunch programs.
   5.  The state board of education shall adopt rules pursuant to chapter 17A to administer this section.
    Sec. 5.  Section 283A.10, Code 2025, is amended to read as follows:
   283A.10  School breakfast or lunch in nonpublic schools.
   The Unless required under section 283A.6, the authorities in charge of nonpublic schools may operate or provide for the operation of school breakfast or lunch programs in schools under their jurisdiction and may use funds appropriated to them by the general assembly, gifts, funds received from sale of school breakfasts or lunches under such programs, and any other funds available to the nonpublic school. However, unless required under section 283A.6, school breakfast or lunch programs shall not be required in nonpublic schools. The department of education shall direct the disbursement of state funds to nonpublic schools for school breakfast or lunch programs in the same manner as state funds are disbursed to public schools. If a nonpublic school receives state funds for the operation of a school breakfast or lunch program, meals served under the program shall be nutritionally adequate meals, as defined in section 283A.1.
    Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to school lunch and breakfast programs provided by school districts, accredited nonpublic schools, charter schools, and innovation zone schools (schools).
   For the fiscal year beginning July 1, 2025, and ending June 30, 2026, the bill requires each school to operate a program under which breakfasts and lunches are served to students in attendance at no charge to the student or the student’s family if the student’s family has a family income that is less than or equal to 300 percent of the federal poverty level. For the fiscal year beginning July 1, 2026, and ending June 30, 2027, the bill requires each school to operate such a program if the student’s family has a family income that is less than or equal to 400 percent of the federal poverty level. For the fiscal year beginning July 1, 2027, and for each fiscal year thereafter, the bill requires each school to operate such a program regardless of the income of the student’s family.
   The bill appropriates from the general fund of the state to the department of education an amount necessary to make the payments to schools necessary to cover the costs of providing free school lunches and school breakfasts that are not covered by any Act of Congress and appropriated to the state of Iowa for use in connection with school breakfast or lunch programs. The bill requires the state board of education to adopt rules to administer these provisions. The bill makes conforming changes.
   The bill takes effect upon enactment.