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AN ACT
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relating to a program to provide a free or reduced-price breakfast |
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to eligible students attending a public school and the method of |
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determining the number of educationally disadvantaged students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.901, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) If at least 10 percent of the students enrolled in one or |
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more schools in a school district or enrolled in an open-enrollment |
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charter school are eligible for free or reduced-price breakfasts |
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under the national school breakfast program provided for by the |
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Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the board of |
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trustees of the school district or the governing body of the |
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open-enrollment charter school shall either: |
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(1) participate in the national program and make the |
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benefits of the national program available to all eligible students |
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in the schools or school; or |
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(2) develop and implement a locally funded program to |
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provide free meals, including breakfast and lunch, to each student |
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eligible for free meals under federal law and reduced-price meals, |
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including breakfast and lunch, to each student eligible for |
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reduced-price meals under federal law, provided that the reduced |
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price may not exceed the maximum allowable rate under federal law. |
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(a-1) A school district is permitted under Subsection (a) to |
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participate in the national program at one or more campuses in the |
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district and provide a locally funded program at one or more other |
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campuses in the district. |
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(b) A school district campus or an open-enrollment charter |
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school participating in the national school breakfast program |
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provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773) |
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or providing a locally funded program in which 80 percent or more of |
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the students qualify under the national program for a free or |
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reduced-price breakfast shall offer a free breakfast to each |
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student. |
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SECTION 2. Section 42.152, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) For purposes of this section, the number of |
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educationally disadvantaged students is determined: |
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(1) by averaging the best six months' numbers of |
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students eligible for enrollment in the national school lunch |
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program of free or reduced-price lunches for the preceding school |
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year; or |
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(2) in the manner provided by commissioner rule[, if
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no campus in the district participated in the national school lunch
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program of free or reduced-price lunches during the preceding
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school year]. |
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(b-1) A student receiving a full-time virtual education |
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through the state virtual school network may be included in |
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determining the number of educationally disadvantaged students |
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under Subsection (b) if the school district submits to the |
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commissioner a plan detailing the enhanced services that will be |
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provided to the student and the commissioner approves the plan. |
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SECTION 3. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1305 was passed by the House on May 7, |
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2015, by the following vote: Yeas 138, Nays 2, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1305 on May 26, 2015, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1305 on May 31, 2015, by the following vote: Yeas 141, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1305 was passed by the Senate, with |
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amendments, on May 22, 2015, by the following vote: Yeas 29, Nays |
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2; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1305 on May 30, 2015, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |