06 LC 36
0039
House
Bill 1098
By:
Representatives Ashe of the
56th,
Millar of the
79th,
Manning of the
32nd,
Wilkinson of the
52nd,
and Lindsey of the
54th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to local boards of education, so as to provide for the
establishment of at least one summer food service program in each local school
system for at least 40 days during the summer months within five miles of an
elementary school where 50 percent or more children are eligible for free or
reduced price school meals; to provide standards and guidelines for
participation; to provide for promulgation of rules and regulations; to provide
for related matters; to provide for an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to local boards of education, is amended by adding a new Code Section 20-2-66.1
to read as follows:
∀20-2-66.1.
(a)
All local school systems in this state in which 50 percent or more children in
elementary school are eligible for free or reduced price school meals during the
academic year shall establish a summer food service program for at least 40
consecutive week days consisting of at least one summer food service meal site
either at a school or within five miles of a school. This requirement can be
met by participating in the Seamless Summer Meal Waiver program available
through the Georgia Department of Education or the Summer Food Service Program
available through the Georgia Department of Early Care and Learning. Each local
school system required to establish a summer food service program must have at
least one site operational by June 1, 2006.
(b)
Each local school system in this state is encouraged to establish a summer food
service program for all eligible students for at least 40 days consecutive week
days during the period between the spring quarter or semester and the fall
quarter or semester.
(c)
Each local school system operating a summer food service program will be
reimbursed by the Summer Food Service Program available through the Georgia
Department of Early Care and Learning at the federal reimbursement rate per meal
prepared and served or the Seamless Summer Meal Waiver Program available through
the Georgia Department of Education at the federal reimbursement rate per meal
prepared and served. Reimbursement to a local school system for a summer food
service program shall be automatically terminated if federal funding for the
program ceases.
(d)
The Georgia Department of Early Care and Learning shall promulgate rules and
regulations for the summer food service programs which shall:
(1)
Establish the minimum nutritional requirements which meet or exceed the minimum
federal regulations;
(2)
Provide for compliance with the standards and regulations of the National School
Lunch Act and Child Nutrition Act of 1966, 42 U.S.C. Section 1751, et.
seq.;
(3)
Use the October School Indicator Report on free and reduced price school meal
eligibility to determine those elementary schools in each school district that
meet the criteria in subsection (a) of this Code section. The School Nutrition
Section of the Georgia Department of Education shall provide such data to the
superintendent of each local school system and to the Georgia Department of
Early Care and Learning by November 30 of each year;
(4)
Provide by February 15 of each year to the superintendent of each local school
system a list of local community organizations that have filed an Intent to
Participate letter with the Georgia Department of Early Care and
Learning;
(5)
Provide that it is the responsibility of the superintendent of each local school
system to implement a collaborative plan that may include local county and
municipal governments and private, nonprofit, social service agencies and
organizations to ensure outreach and access to the summer food service
program;
(6)
Require each local school system to indicate to the Georgia Department of Early
Care and Learning the school
systeḿs
plans for summer food service program sponsors and sites by May 15 of each
year;
(7)
Utilize the federal standards of income eligibility for free or reduced price
school lunches used for the Summer Food Service Program of the Department of
Early Care and Learning and the Seamless Waiver Program of the Georgia
Department of Education for participation by low-income children;
(8)
Provide guidance and assistance to the local school systems for applying for and
obtaining any applicable federal start-up grant money; and
(9)
Encourage the use of local food producers and purveyors.
(e)(1)
A waiver to the requirements of subsection (a) of this Code section may be
granted by the Georgia Department of Early Care and Learning to a local school
system if:
(A)
The local school system demonstrates that there are fewer than 50 children in
the local school system currently eligible for free or reduced price school
meals; or
(B)
The local school system is unable to operate a summer program due to renovation
or construction within the local school system and an appropriate alternative
provider or site is not available.
(2)
Local school systems intending to submit waiver requests must include the issue
on a regular school board meeting agenda that is publicly noticed, provide an
opportunity for public comment, and hold a public school board vote on the
waiver request. The local school system superintendent shall notify the Georgia
Department of Early Care and Learning within ten days of any affirmative vote by
the school board for a waiver request. Any waivers granted by the Georgia
Department of Early Care and Learning shall be valid for one year
only.
(f)
If federal funding for this program ceases, local school systems shall not be
required to comply with this Code
section.∀
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.