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A BILL TO BE ENTITLED
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AN ACT
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relating to summer nutrition programs provided for by school |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.0026 to read as follows: |
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Sec. 12.0026. SUMMER NUTRITION PROGRAMS. (a) In this |
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section: |
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(1) "Agency" means the Texas Education Agency. |
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(2) "Field office" means a field office of a nutrition |
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program administered by the department. |
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(3) "Summer nutrition program" means the summer food |
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service program under 42 U.S.C. Section 1761. The term includes the |
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seamless summer option under 42 U.S.C. Section 1761(a)(8). |
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(b) Unless the department grants a school district a waiver |
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under Subsection (f), a district in which 50 percent or more of the |
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students are eligible to participate in the national free or |
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reduced-priced lunch program under 42 U.S.C. Section 1751 et seq. |
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shall provide or arrange for the provision of a summer nutrition |
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program for at least 30 weekdays during the period in which district |
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schools are recessed for the summer. |
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(c) Not later than October 31 of each year, the department |
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shall notify of its responsibility concerning provision of a summer |
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nutrition program during the next period in which school is |
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recessed for the summer: |
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(1) each school district described by Subsection (b); |
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and |
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(2) each field office. |
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(d) Not later than November 30 of each year, the board of |
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trustees of a school district that intends to request a waiver under |
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Subsection (e)(2) must inform district residents of the district's |
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intention by sending written notice to the district's local school |
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health advisory council and to the principal of each elementary |
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school in the district and by posting the notice on a district |
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Internet website. The notice must include: |
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(1) information explaining the summer nutrition |
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program; |
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(2) information concerning the general requirement |
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under this section that the district operate the program; |
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(3) an explanation of the district's reason for |
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requesting a waiver of the requirement; |
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(4) any district plan to attempt to arrange for the |
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provision of a summer nutrition program by an alternate provider; |
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and |
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(5) a statement of the method by which a person may |
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comment to the district on the district's intention to request a |
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waiver. |
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(e) Each school district that receives a notice under |
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Subsection (c) shall, not later than January 31 of the year |
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following the year in which the notice was received: |
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(1) inform the department in writing that the district |
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intends to operate a summer nutrition program during the next |
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period in which district schools are recessed for the summer; or |
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(2) request in writing that the department grant the |
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district a waiver of the requirement to operate a summer nutrition |
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program. |
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(f) The department may grant a school district a waiver of |
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the requirement to operate a summer nutrition program only if: |
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(1) the board of trustees of the district by |
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resolution has authorized the district's request for a waiver; |
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(2) the district provides documentation, verified by |
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the department, showing that: |
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(A) there are fewer than 100 children in the |
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district currently eligible for the national free or reduced-priced |
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lunch program; |
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(B) transportation to enable district students |
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to participate in the program is an insurmountable obstacle to |
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providing the program despite consultation by the district with |
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public transit providers; |
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(C) the district is unable to operate a summer |
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nutrition program due to renovation or construction of district |
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facilities and the unavailability of an appropriate alternate |
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provider or site; or |
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(D) the district is unable to operate a summer |
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nutrition program due to another specified extenuating |
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circumstance and the unavailability of an appropriate alternate |
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provider or site; and |
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(3) the district has worked with the field offices to |
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identify another possible provider for the summer nutrition program |
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in the district. |
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(g) A waiver granted under Subsection (f) is for a one-year |
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period. |
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(h) If a school district has requested a waiver under |
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Subsection (e)(2) and has been unable to provide to the department a |
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list of possible providers for the summer nutrition program, the |
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field offices shall continue to attempt to identify an alternate |
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provider for the district's summer nutrition program. |
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(i) The department and the agency jointly shall develop a |
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plan for increasing access to summer nutrition programs. The plan |
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must include a list of any barrier to access to the programs, |
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including a barrier that a provider encounters in providing a |
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program and a description of any action taken to overcome a barrier. |
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The department and the agency each shall designate an agency |
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administrative employee to assist in administering this |
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subsection. |
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(j) Not later than December 31 of each even-numbered year, |
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the department and the agency shall provide to the legislature a |
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joint report that includes, for each year of the biennium: |
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(1) the name of each school district that receives a |
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notice under Subsection (c) that: |
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(A) has provided for a summer nutrition program; |
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or |
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(B) has failed to provide a program; |
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(2) an explanation, as applicable, of the plan |
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required under Subsection (i) or of any update to the plan; and |
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(3) the funds, other than federal funds, used by |
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school districts and the state in complying with this section. |
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(k) The commissioner of agriculture, in consultation with |
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the commissioner of education, shall adopt rules and procedures for |
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obtaining a waiver under Subsection (f). The commissioner of |
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agriculture shall adopt other rules as necessary to administer this |
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section. |
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SECTION 2. Section 33.024, Human Resources Code, is |
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repealed. |
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SECTION 3. This Act takes effect September 1, 2009. |
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