84R17319 CAE-D
 
  By: Bonnen of Galveston, Paul H.B. No. 1305
 
  Substitute the following for H.B. No. 1305:
 
  By:  Aycock C.S.H.B. No. 1305
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a program to provide a free or reduced-price breakfast
  to eligible students attending a public school and the method of
  determining the number of educationally disadvantaged students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.901, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (a-1) to
  read as follows:
         (a)  If at least 10 percent of the students enrolled in one or
  more schools in a school district or enrolled in an open-enrollment
  charter school are eligible for free or reduced-price breakfasts
  under the national school breakfast program provided for by the
  Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the board of
  trustees of the school district or the governing body of the
  open-enrollment charter school shall either:
               (1)  participate in the national program and make the
  benefits of the national program available to all eligible students
  in the schools or school; or
               (2)  develop and implement a locally funded program to
  provide a free or reduced-price breakfast to all students in the
  school or schools eligible under the national program.
         (a-1)  A school district is permitted under Subsection (a) to
  participate in the national program at one or more campuses in the
  district and provide a locally funded program at one or more other
  campuses in the district.
         (b)  A school district campus or an open-enrollment charter
  school participating in the national school breakfast program
  provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773)
  or providing a locally funded program in which 80 percent or more of
  the students qualify under the national program for a free or
  reduced-price breakfast shall offer a free breakfast to each
  student.
         SECTION 2.  Section 42.152, Education Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  Except as provided by Subsection (b-1), for [For]
  purposes of this section, the number of educationally disadvantaged
  students is determined:
               (1)  by averaging the best six months' numbers of
  students eligible for enrollment in the national school lunch
  program of free or reduced-price lunches for the preceding school
  year; or
               (2)  in the manner provided by commissioner rule[, if
  no campus in the district participated in the national school lunch
  program of free or reduced-price lunches during the preceding
  school year].
         (b-1)  A student receiving a full-time virtual education
  through the state virtual school network is not included in
  determining the number of educationally disadvantaged students
  under Subsection (b).
         SECTION 3.  This Act applies beginning with the 2015-2016
  school year.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.