| |
| |
| |
|
|
AN ACT
|
|
|
relating to summer nutrition programs provided for by school |
|
|
districts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 12, Agriculture Code, is amended by |
|
|
adding Section 12.0029 to read as follows: |
|
|
Sec. 12.0029. SUMMER NUTRITION PROGRAMS. (a) In this |
|
|
section: |
|
|
(1) "Field office" means a field office of a nutrition |
|
|
program administered by the department. |
|
|
(2) "Summer nutrition program" means the summer food |
|
|
service program under 42 U.S.C. Section 1761. The term includes the |
|
|
seamless summer option under 42 U.S.C. Section 1761(a)(8). |
|
|
(b) Unless the department grants a school district a waiver |
|
|
under Subsection (f), a district in which 50 percent or more of the |
|
|
students are eligible to participate in the national free or |
|
|
reduced-price lunch program under 42 U.S.C. Section 1751 et seq. |
|
|
shall provide or arrange for the provision of a summer nutrition |
|
|
program for at least 30 days during the period in which district |
|
|
schools are recessed for the summer. |
|
|
(c) Not later than October 31 of each year, the department |
|
|
shall notify each school district described by Subsection (b) of |
|
|
the district's responsibility concerning provision of a summer |
|
|
nutrition program during the next period in which school is |
|
|
recessed for the summer. |
|
|
(d) Not later than November 30 of each year, the board of |
|
|
trustees of a school district that intends to request a waiver under |
|
|
Subsection (e)(2) must send written notice of the district's |
|
|
intention to the district's local school health advisory council. |
|
|
The notice must include an explanation of the district's reason for |
|
|
requesting a waiver of the requirement. |
|
|
(e) Each school district that receives a notice under |
|
|
Subsection (c) shall, not later than January 31 of the year |
|
|
following the year in which the notice was received: |
|
|
(1) inform the department in writing that the district |
|
|
intends to provide or arrange for the provision of a summer |
|
|
nutrition program during the next period in which district schools |
|
|
are recessed for the summer; or |
|
|
(2) request in writing that the department grant the |
|
|
district a waiver of the requirement to provide or arrange for the |
|
|
provision of a summer nutrition program. |
|
|
(f) The department may grant a school district a waiver of |
|
|
the requirement to provide or arrange for the provision of a summer |
|
|
nutrition program only if: |
|
|
(1) the district: |
|
|
(A) provides documentation, verified by the |
|
|
department, showing that: |
|
|
(i) there are fewer than 100 children in the |
|
|
district currently eligible for the national free or reduced-price |
|
|
lunch program; |
|
|
(ii) transportation to enable district |
|
|
students to participate in the program is an insurmountable |
|
|
obstacle to the district's ability to provide or arrange for the |
|
|
provision of the program despite consultation by the district with |
|
|
public transit providers; |
|
|
(iii) the district is unable to provide or |
|
|
arrange for the provision of a program due to renovation or |
|
|
construction of district facilities and the unavailability of an |
|
|
appropriate alternate provider or site; or |
|
|
(iv) the district is unable to provide or |
|
|
arrange for the provision of a program due to another specified |
|
|
extenuating circumstance and the unavailability of an appropriate |
|
|
alternate provider or site; and |
|
|
(B) has worked with the field offices to identify |
|
|
another possible provider for the program in the district; or |
|
|
(2) the cost to the district to provide or arrange for |
|
|
provision of a program would be cost-prohibitive, as determined by |
|
|
the department using the criteria and methodology established under |
|
|
Subsection (g). |
|
|
(g) The department by rule shall establish criteria and a |
|
|
methodology for determining whether the cost to a school district |
|
|
to provide or arrange for provision of a summer nutrition program |
|
|
would be cost-prohibitive for purposes of granting a waiver under |
|
|
Subsection (f)(2). |
|
|
(h) A waiver granted under Subsection (f) is for a one-year |
|
|
period. |
|
|
(i) If a school district has requested a waiver under |
|
|
Subsection (e)(2) and has been unable to provide to the department a |
|
|
list of possible providers for the summer nutrition program, the |
|
|
field offices shall continue to attempt to identify an alternate |
|
|
provider for the district's summer nutrition program. |
|
|
(j) Not later than December 31 of each even-numbered year, |
|
|
the department shall provide to the legislature by e-mail a report |
|
|
that, for each year of the biennium: |
|
|
(1) states the name of each school district that |
|
|
receives a notice under Subsection (c) and indicates whether the |
|
|
district: |
|
|
(A) has provided or arranged for the provision of |
|
|
a summer nutrition program; or |
|
|
(B) has not provided or arranged for the |
|
|
provision of a program and did not receive a waiver; |
|
|
(2) identifies the funds, other than federal funds, |
|
|
used by school districts and the state in complying with this |
|
|
section; and |
|
|
(3) identifies the total amount of any profit made or |
|
|
loss incurred through summer nutrition programs under this section. |
|
|
(k) The department shall post and maintain on the |
|
|
department's Internet website the most recent report required by |
|
|
Subsection (j). |
|
|
SECTION 2. Section 33.024, Human Resources Code, is |
|
|
repealed. |
|
|
SECTION 3. Not later than October 1, 2011, the Department of |
|
|
Agriculture shall adopt rules under Subsection (g), Section |
|
|
12.0029, Agriculture Code, as added by this Act, establishing |
|
|
criteria and a methodology regarding costs of school district |
|
|
summer nutrition programs. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |
|
|
|
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 89 passed the Senate on |
|
|
April 20, 2011, by the following vote: Yeas 24, Nays 7; |
|
|
May 25, 2011, Senate refused to concur in House amendments and |
|
|
requested appointment of Conference Committee; May 26, 2011, House |
|
|
granted request of the Senate; May 29, 2011, Senate adopted |
|
|
Conference Committee Report by the following vote: Yeas 24, |
|
|
Nays 7. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 89 passed the House, with |
|
|
amendments, on May 23, 2011, by the following vote: Yeas 142, |
|
|
Nays 0, one present not voting; May 26, 2011, House granted request |
|
|
of the Senate for appointment of Conference Committee; |
|
|
May 29, 2011, House adopted Conference Committee Report by the |
|
|
following vote: Yeas 121, Nays 25, one present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |