LBD17039-01-0
A. 11075 2
IDENTIFY AND PROMOTE BEST PRACTICES TO HELP COMMUNITIES CHANGE THEIR
ENVIRONMENT TO SUPPORT HEALTHFUL NUTRITIONAL CHOICES, AND TO DEVELOP
PROGRAMS which involve parents and caregivers, and which encourage
communities, families, child care and other settings to provide safe and
adequate space and time for physical activity and encourage a healthy
diet;
(II) INCREASING COLLABORATION, WITHIN AND ACROSS COMMUNITIES, OF
COMMUNITY BASED NUTRITION AND PHYSICAL ACTIVITY PROFESSIONALS, EDUCATORS
AND HEALTH CARE PROVIDERS, INCLUDING STAFF FROM NEW YORK STATE'S COMPRE-
HENSIVE CARE CENTERS FOR EATING DISORDERS, TO PRESENT CONSISTENT AND
EFFECTIVE MESSAGES IN RELATION TO HEALTHY EATING BEHAVIORS AND PHYSICAL
ACTIVITY PATTERNS;
S 3. Section 2599-c of the public health law, as amended by section 88
of part B of chapter 58 of the laws of 2005, is amended to read as
follows:
S 2599-c. School-based childhood obesity prevention and physical
activity programs. 1. The commissioner shall encourage the establishment
of school-based childhood obesity prevention and physical activity
programs that promote:
[1.] A. A healthy school environment, including physical and aesthetic
surroundings and culture designed to prevent and reduce the incidence
and prevalence of obesity; and
[2.] B. Parent/community involvement, including an integrated school,
parent, and community approach for enhancing the health and well-being
of students.
2. THE COMMISSIONER SHALL ASSIST THE COMMISSIONER OF EDUCATION IN
ESTABLISHING NUTRITIONAL AND DIETARY STANDARDS FOR HEALTHY SCHOOL MEALS,
SNACKS AND BEVERAGES AS THOSE TERMS ARE DEFINED UNDER SECTION NINE
HUNDRED FIFTEEN OF THE EDUCATION LAW AND REGULATIONS ADOPTED PURSUANT TO
SECTION NINE HUNDRED TWENTY OF THE EDUCATION LAW.
S 4. Section 305 of the education law is amended by adding two new
subdivisions 42 and 43 to read as follows:
42. THE COMMISSIONER SHALL, IN CONJUNCTION WITH THE COMMISSIONER OF
HEALTH, PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO SCHOOLS TO ASSIST
SCHOOLS IN COMPLYING WITH THE REQUIREMENTS OF SECTION NINE HUNDRED
FIFTEEN OF THIS CHAPTER.
43. THE COMMISSIONER SHALL CONDUCT A SURVEY OF ALL PUBLIC SCHOOLS IN
THE STATE TO DETERMINE THE IMPLEMENTATION STATUS OF PHYSICAL EDUCATION
PROGRAMS PURSUANT TO SECTION EIGHT HUNDRED THREE OF THIS CHAPTER AND THE
CORRESPONDING REGULATIONS OF THE COMMISSIONER. THE SURVEY SHALL EVALUATE
PHYSICAL EDUCATION PROGRAMS BY GRADE LEVEL AND BE DESIGNED TO YIELD
DETAILED INFORMATION DEMONSTRATING COMPLIANCE WITH CURRENT REQUIREMENTS,
REASONS FOR NON-COMPLIANCE AND OTHER INFORMATION THE COMMISSIONER DEEMS
APPROPRIATE. THE SURVEY SHALL ALSO REPORT INFORMATION REGARDING THE TYPE
AND CONDITION OF THE FACILITIES OR OTHER AREAS BEING USED FOR PHYSICAL
EDUCATION PURPOSES. SUCH INFORMATION SHALL BE PRESENTED IN A STATEWIDE
FORMAT, REGIONAL FORMAT AND OTHER FORMATS AS DEEMED USEFUL BY THE
COMMISSIONER. ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND ELEVEN, AND
EVERY FIVE YEARS THEREAFTER, THE COMMISSIONER SHALL SUBMIT THE RESULTS
OF SUCH SURVEY TO THE LEGISLATURE AND THE GOVERNOR.
S 4-a. The education law is amended by adding a new section 920 to
read as follows:
S 920. NUTRITIONAL AND DIETARY STANDARDS. 1. THE REGENTS AND THE
COMMISSIONER, ACTING IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL PROMULGATE REGULATIONS TO ESTABLISH NUTRITIONAL AND DIETARY STAND-
A. 11075 3
ARDS FOR HEALTHY SCHOOL MEALS, SNACKS AND BEVERAGES AS SUCH TERMS ARE
DEFINED UNDER SECTION NINE HUNDRED FIFTEEN OF THIS ARTICLE.
A. THE NUTRITIONAL AND DIETARY STANDARDS MAY BE UPDATED AS DEEMED
NECESSARY BY THE COMMISSIONER BUT NOT LESS THAN EVERY FIVE YEARS AND
SHALL BE MADE AVAILABLE FOR PUBLIC COMMENT AND REVIEW NINETY DAYS PRIOR
TO EACH ADOPTION.
B. THE NUTRITIONAL AND DIETARY STANDARDS FOR HEALTHY SCHOOL MEALS,
SNACKS AND BEVERAGES SHALL BE DEVELOPED TO PROMOTE A HEALTHFUL DIET AND
SHALL BE BASED ON THE PREPONDERANCE OF THE NUTRITIONAL, SCIENTIFIC AND
MEDICAL KNOWLEDGE WHICH IS CURRENT AT THE TIME THE REGULATIONS ARE BEING
PROMULGATED.
C. WHEN PROMULGATING SUCH REGULATIONS, THE REGENTS AND COMMISSIONER
SHALL TAKE INTO ACCOUNT THE LOCAL AND REGIONAL CONCERNS OF ANY SCHOOL OR
SCHOOL DISTRICT REQUIRED TO COMPLY WITH THE NUTRITIONAL AND DIETARY
STANDARDS.
D. UNDER NO CIRCUMSTANCE SHALL THE NUTRITIONAL AND DIETARY STANDARDS
INTERFERE WITH THE SPECIAL DIETARY NEEDS OF STUDENTS IN RELATION TO
HEALTH CONDITIONS, FOOD ALLERGIES, DIETARY INTOLERANCES AND RELIGIOUS
MANDATES.
E. THE NUTRITIONAL AND DIETARY STANDARDS SHALL REFLECT THE NEEDS OF
STUDENTS AT DIFFERING AGES AND GRADE LEVELS.
2. THE NUTRITIONAL AND DIETARY STANDARDS SHALL INCLUDE APPROPRIATE
NUTRITIONAL STANDARDS AND CONSUMPTION AMOUNTS RELATED, BUT NOT LIMITED
TO:
A. DIETARY CHOLESTEROL;
B. SODIUM;
C. PERCENT OF CALORIES DERIVED FROM FAT AND SATURATED FAT;
D. PERCENT OF CALORIES DERIVED FROM SUGAR;
E. TOTAL CALORIE AMOUNTS;
F. TOTAL FAT CONTENT OF MILK AND OTHER DAIRY PRODUCTS; AND
G. SERVING SIZES.
S 5. Section 915 of the education law is REPEALED and a new section
915 is added to read as follows:
S 915. HEALTHY SCHOOL FOODS AND BEVERAGES. 1. APPLICABILITY. A. THIS
SECTION APPLIES TO ELEMENTARY AND SECONDARY SCHOOLS UNDER THE JURISDIC-
TION OF THE FOLLOWING, COLLECTIVELY REFERENCED AS "SCHOOL DISTRICTS":
SCHOOL DISTRICTS, NON-PUBLIC SCHOOLS THAT PARTICIPATE IN ANY PROGRAM
AUTHORIZED BY THE RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT OR THE
CHILD NUTRITION ACT OF 1966, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES,
AND CHARTER SCHOOLS. SUCH SCHOOL DISTRICTS SHALL BE REQUIRED TO ENSURE
COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
B. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH C OF THIS SUBDIVISION,
THIS SECTION SHALL APPLY TO SCHOOL MEALS, ENTREES, SNACKS AND BEVERAGES
SOLD, SERVED OR OFFERED ON SCHOOL GROUNDS FROM ANY SOURCE INCLUDING, BUT
NOT LIMITED TO, SCHOOL CAFETERIAS, A LA CARTE LINES, SCHOOL STORES, OR
VENDING MACHINES. THIS SECTION SHALL APPLY TO SCHOOL MEALS, ENTREES,
SNACKS AND BEVERAGES SOLD ON SCHOOL GROUNDS OR AT SCHOOL ACTIVITIES
BEFORE, DURING AND AFTER THE REGULAR SCHOOL DAY; AND TO SCHOOL MEALS,
ENTREES, SNACKS AND BEVERAGES SUPPLIED BY SCHOOLS DURING OFFICIAL TRANS-
PORTATION TO AND FROM SCHOOL AND SCHOOL SPONSORED ACTIVITIES INCLUDING,
BUT NOT LIMITED TO, FIELD TRIPS AND INTERSCHOLASTIC SPORTING EVENTS.
C. THIS SECTION SHALL NOT APPLY TO SCHOOL MEALS, ENTREES, SNACKS AND
BEVERAGES SOLD, SERVED OR OFFERED: (I) AT AFTER SCHOOL ACTIVITIES
ATTENDED BY BOTH ADULTS AND STUDENTS, SUCH AS CONCERTS AND SPORTING
EVENTS; (II) IN ORDER TO RAISE FUNDS FOR SCHOOL ACTIVITIES; OR (III)
A. 11075 4
UNDER THE FEDERAL CHILD AND ADULT CARE FOOD PROGRAM, WHICH SHALL BE
SUBJECT TO THE REQUIREMENTS IMPOSED UNDER THAT PROGRAM.
D. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING: A
STUDENT OR SCHOOL EMPLOYEE FROM CONSUMING ANY FOOD OR FOOD ITEM
PURCHASED BY THE STUDENT OR SCHOOL EMPLOYEE OFF OF SCHOOL GROUNDS AND
BROUGHT INTO THE SCHOOL FOR THE STUDENT'S OR EMPLOYEE'S PERSONAL
CONSUMPTION OR FOR CLASSROOM-WIDE ACTIVITIES OR CELEBRATIONS; OR CAFFEI-
NATED COFFEE OR TEA FROM BEING SOLD, SERVED OR OFFERED TO SCHOOL EMPLOY-
EES.
E. THIS SECTION SHALL BE IMPLEMENTED ONLY TO THE EXTENT THAT IT NOT
INTERFERE WITH ANY PRACTICE OR CONSIDERATION INVOLVING THE DIETARY NEEDS
OF STUDENTS IN RELATION TO HEALTH CONDITIONS, FOOD ALLERGIES, DIETARY
INTOLERANCES AND RELIGIOUS MANDATES.
2. SCHOOL MEALS. AS USED IN THIS SUBDIVISION, "SCHOOL MEALS" MEANS
MEALS WHICH MEET THE NUTRITIONAL REQUIREMENTS OF, AND ARE REIMBURSABLE
UNDER, ANY PROGRAM AUTHORIZED BY THE RICHARD B. RUSSELL NATIONAL SCHOOL
LUNCH ACT OR THE CHILD NUTRITION ACT OF 1966, PROVIDED, HOWEVER, THAT
THIS SECTION SHALL APPLY TO SUCH MEALS ONLY TO THE EXTENT THAT THE
REQUIREMENTS SET FORTH IN THIS SECTION ARE MORE STRINGENT THAN THOSE
REQUIRED UNDER SUCH PROGRAMS. WHEN SELLING, OFFERING OR SERVING SCHOOL
MEALS, SCHOOLS SHALL:
A. ENSURE THAT EACH SCHOOL MEAL CONTAINS NO MORE THAN 0.5 GRAMS OF
ARTIFICIAL TRANS-FATTY ACIDS PER ITEM SERVED;
B. OFFER DURING EACH LUNCH PERIOD AT LEAST ONE MEAT ALTERNATIVE WHICH
COMPLIES WITH THE STANDARDS OF THE FEDERAL DEPARTMENT OF AGRICULTURE;
C. OFFER DURING EACH BREAKFAST AND LUNCH PERIOD FRUIT WITH NO ADDED
SWEETENERS;
D. OFFER DURING EACH LUNCH PERIOD VEGETABLES WHICH ARE NOT FRIED; AND
E. ENSURE THAT FIFTY PERCENT OF GRAIN PRODUCTS OFFERED, OVER A SCHOOL
WEEK, ARE WHOLE GRAIN PRODUCTS.
3. ENTREES SOLD, SERVED OR OFFERED INDIVIDUALLY. A. FOR PURPOSES OF
THIS SUBDIVISION, "ENTREES" MEANS A COMBINATION OF FOODS OR A SINGLE
FOOD ITEM THAT IS SOLD, SERVED OR OFFERED AS THE MAIN COURSE.
B. ENTREES SOLD, SERVED OR OFFERED INDIVIDUALLY SHALL BE THE SAME AS
THE ENTREES THAT ARE SOLD, SERVED OR OFFERED AS PART OF SCHOOL MEALS, AS
THAT TERM IS DEFINED IN SUBDIVISION TWO OF THIS SECTION, OR SHALL BE
COMPARABLE IN PORTION SIZE, CALORIES AND NUTRITIONAL VALUE TO THE
ENTREES SOLD, SERVED OR OFFERED AS PART OF SUCH SCHOOL MEALS.
4. SNACKS. A. "SNACKS" ARE FOOD ITEMS THAT ARE SOLD, SERVED OR OFFERED
INDIVIDUALLY, OUTSIDE OF SCHOOL MEALS, AS THAT TERM IS DEFINED IN SUBDI-
VISION TWO OF THIS SECTION, AND THAT DO NOT CONSTITUTE ENTREES, AS THAT
TERM IS DEFINED IN PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION,
THAT ARE SOLD, SERVED OR OFFERED INDIVIDUALLY.
B. ONLY SNACKS THAT MEET THE STANDARDS ESTABLISHED BY REGULATION
PURSUANT TO SECTION NINE HUNDRED TWENTY OF THIS ARTICLE SHALL BE SOLD,
SERVED OR OFFERED AT SCHOOLS INCLUDING, BUT NOT LIMITED TO: FRUITS;
VEGETABLES; WHOLE GRAINS; NUTS, NUT BUTTERS OR SEEDS; DAIRY PRODUCTS OR
A COMBINATION THEREOF. SNACKS SHALL BE TRANS FAT FREE, MEANING EACH
SNACK SHALL CONTAIN NO MORE THAN 0.5 GRAMS OF ARTIFICIAL TRANS-FATTY
ACIDS.
5. BEVERAGES. A. ONLY BEVERAGES THAT MEET THE STANDARDS ESTABLISHED BY
REGULATION PURSUANT TO SECTION NINE HUNDRED TWENTY OF THIS ARTICLE SHALL
BE SOLD, SERVED OR OFFERED AT SCHOOLS WHICH SHALL INCLUDE, BUT ARE NOT
LIMITED TO:
(I) WATER WITH NO ADDED SWEETENERS AND NO FORTIFICATION;
A. 11075 5
(II) REGULAR OR FLAVORED MILK OR THE NUTRITIONAL EQUIVALENT OF THE
SAME; AND
(III) ONE HUNDRED PERCENT FRUIT OR VEGETABLE JUICE THAT CONTAIN NO
ADDED SWEETENERS, OR A COMBINATION THEREOF.
B. BEVERAGES SOLD, SERVED OR OFFERED AT HIGH SCHOOLS MAY ADDITIONALLY
INCLUDE: (I) DECAFFEINATED COFFEE, DECAFFEINATED TEA AND HOT CHOCOLATE
SOLD, SERVED OR OFFERED DURING BREAKFAST; AND
(II) ANY ADDITIONAL BEVERAGES THAT ARE DEEMED APPROPRIATE BY THE
COMMISSIONER SUCH AS SPORTS DRINKS.
6. SCHOOL STORES AND VENDING MACHINES. (A) ALL SNACKS AND BEVERAGES
SOLD, SERVED OR OFFERED IN SCHOOL STORES AND VENDING MACHINES SHALL MEET
THE CRITERIA CONTAINED IN SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
PROVIDED FURTHER, NOTWITHSTANDING SUBPARAGRAPH (II) OF PARAGRAPH C OF
SUBDIVISION ONE OF THIS SECTION, SNACKS AND BEVERAGES SOLD, SERVED OR
OFFERED TO RAISE FUNDS FOR SCHOOL ACTIVITIES THAT ARE SUPPLIED THROUGH A
SCHOOL STORE OR VENDING MACHINE SHALL ALSO MEET THE NUTRITIONAL STAND-
ARDS PURSUANT TO SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
(B) COMMERCIAL PRODUCTS OR LOGOS ON VENDING MACHINE PROHIBITED.
SCHOOLS SHALL PROHIBIT VENDING MACHINES WHICH DEPICT COMMERCIAL PRODUCTS
OR LOGOS OR SUGGEST THAT CONSUMPTION OF VENDED ITEMS CONVEYS A HEALTH OR
SOCIAL BENEFIT, OR THAT PRODUCTS PURCHASED FROM SUCH VENDING MACHINE
SUPPORTS SPECIFIC SCHOOL ACTIVITIES OR GROUPS.
7. INGREDIENT AND NUTRIENT DOCUMENTATION. SCHOOLS SHALL MAKE AVAIL-
ABLE TO THE DEPARTMENT, UPON REQUEST, DOCUMENTATION SETTING FORTH THE
INGREDIENTS AND NUTRIENTS OF ANY FOOD ITEM SOLD, SERVED OR OFFERED BY OR
ON BEHALF OF SUCH ENTITIES, WHETHER SUCH ITEM IS SOLD, SERVED OR OFFERED
IN THE FORM PURCHASED BY OR ON BEHALF OF SUCH ENTITIES OR IS USED AS AN
INGREDIENT IN AN ITEM SOLD, SERVED OR OFFERED BY OR ON BEHALF OF SUCH
ENTITIES.
S 6. The education law is amended by adding a new section 921 to read
as follows:
S 921. LOCAL SCHOOL WELLNESS POLICIES. 1. EACH SCHOOL DISTRICT,
NON-PUBLIC SCHOOL THAT PARTICIPATES IN ANY PROGRAM AUTHORIZED BY THE
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT OR THE CHILD NUTRITION ACT
OF 1966, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND CHARTER SCHOOL,
COLLECTIVELY REFERRED TO AS "SCHOOL DISTRICTS", SHALL ESTABLISH A LOCAL
SCHOOL WELLNESS POLICY. SUCH POLICY SHALL BE IN ADDITION TO A WELLNESS
POLICY THAT MAY BE REQUIRED PURSUANT TO FEDERAL LAW AND RELATED IMPLE-
MENTING REGULATIONS. IN DEVELOPING THE POLICY, THE GOVERNING BODY OR
OFFICER OF THE SCHOOL DISTRICT SHALL:
A. INVOLVE, AT A MINIMUM, PARENTS AND GUARDIANS, STUDENTS, REPRESEN-
TATIVES OF THE SCHOOL FOOD AUTHORITY, SCHOOL ADMINISTRATORS, SCHOOL
NURSES OR OTHER HEALTH STAFF, A CERTIFIED DIETITIAN/NUTRITIONIST IF
AVAILABLE, PHYSICAL EDUCATION STAFF, AND TEACHERS; AND
B. CONSIDER ANY RECOMMENDATIONS MADE BY A SCHOOL DISTRICT NUTRITION
ADVISORY COMMITTEE ESTABLISHED IN SECTION NINE HUNDRED EIGHTEEN OF THIS
ARTICLE, IF SUCH COMMITTEE HAS BEEN FORMED BY THE SCHOOL DISTRICT.
2. LOCAL SCHOOL WELLNESS POLICIES SHALL: A. INCORPORATE A PLAN FOR
MEASURING IMPLEMENTATION OF THE LOCAL SCHOOL WELLNESS POLICY;
B. RECOMMEND IDEAS FOR HEALTHY FUNDRAISING ACTIVITIES AND CLASSROOM
EVENTS AND CELEBRATIONS;
C. DETERMINE: (I) WHETHER AND TO WHAT EXTENT EACH SCHOOL SHOULD
CONTAIN NUTRITIONAL EDUCATION AS PART OF ITS CURRICULUM TO PROVIDE KNOW-
LEDGE AND TO TEACH SKILLS HELPING STUDENTS ADOPT AND MAINTAIN LIFELONG,
HEALTHY EATING PATTERNS;
A. 11075 6
(II) WHETHER AND TO WHAT EXTENT ADMINISTRATORS, TEACHERS, SCHOOL FOOD
SERVICE STAFF, AND OTHER STAFF SHOULD BE TRAINED IN NUTRITION AND NUTRI-
TION EDUCATION;
(III) WHETHER IT IS PRACTICABLE TO REQUIRE THAT MILK AND DAIRY
PRODUCTS SOLD, SERVED OR OFFERED AT SCHOOLS BE LOW FAT OR FAT FREE;
(IV) WHETHER STUDENTS ARE PROVIDED WITH SUFFICIENT TIME TO EAT BREAK-
FAST AND LUNCH AND WHETHER TO REQUIRE SCHOOLS TO PROVIDE STUDENTS WITH A
MINIMUM AMOUNT OF TIME FOR SUCH PURPOSES;
(V) HOW TO INCREASE OPPORTUNITIES FOR PHYSICAL ACTIVITY DURING THE DAY
BY REQUIRING RECESS OR IMPROVING COMPLIANCE WITH PHYSICAL EDUCATION
REQUIREMENTS; AND
(VI) HOW TO INCREASE AND ENCOURAGE THE PURCHASE OF FRESH AND/OR ORGAN-
IC FRUITS, VEGETABLES AND DAIRY PRODUCTS WHICH ARE PRODUCED BY LOCAL OR
REGIONAL FARMS, CONSISTENT WITH APPLICABLE FEDERAL PROCUREMENT STAND-
ARDS;
D. REVIEW COMPLIANCE WITH EXISTING LAW, REGULATION AND POLICIES
REGARDING NUTRITION AND PHYSICAL EDUCATION STANDARDS; AND
E. ESTABLISH RECOMMENDATIONS TO THE GOVERNING BODY OR OFFICER, AS
APPROPRIATE, TO ADDRESS THE DETERMINATIONS MADE PURSUANT TO PARAGRAPH C
OF THIS SUBDIVISION.
3. EACH SCHOOL DISTRICT, NON-PUBLIC SCHOOL THAT PARTICIPATES IN ANY
PROGRAM AUTHORIZED BY THE RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
OR THE CHILD NUTRITION ACT OF 1966, BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, AND CHARTER SCHOOL SHALL, ON AN ANNUAL BASIS BEGINNING THE
FIRST OF JULY, TWO THOUSAND ELEVEN AND WHENEVER SIGNIFICANTLY AMENDED,
FILE THE LOCAL SCHOOL WELLNESS POLICY WITH THE DEPARTMENT AND VERIFY THE
STATUS OF THE IMPLEMENTATION OF THE LOCAL SCHOOL WELLNESS POLICY. THE
LOCAL SCHOOL WELLNESS POLICIES SHALL BE MADE AVAILABLE BY THE DEPARTMENT
TO THE DEPARTMENT OF HEALTH UPON ITS REQUEST.
S 7. Paragraph (v) of subdivision c of section 1 of chapter 537 of the
laws of 1976, relating to paid, free and reduced price breakfast for
eligible pupils in certain school districts, as separately amended by
chapters 260 and 615 of the laws of 1993, is amended to read as follows:
(v) BY NOT LATER THAN SEPTEMBER 1, 2013 SCHOOL DISTRICTS SHALL ESTAB-
LISH A SCHOOL BREAKFAST PROGRAM IN ALL MIDDLE SCHOOL AND HIGH SCHOOL
FACILITIES UNDER THE DISTRICT'S JURISDICTION WHEREIN EACH PUPIL ATTEND-
ING SUCH SCHOOL FACILITY SHALL BE AFFORDED THE OPPORTUNITY TO RECEIVE A
FREE, REDUCED OR FULL PAID BREAKFAST.
(VI) Any school not offering a breakfast program on the dates speci-
fied in this section, which would be required under the provisions of
paragraph (i), (ii), (iii), [or] (iv), OR (V) of this subdivision to
implement such program in September of the same year, may apply to the
commissioner of education for an exemption from the provisions of this
act. Such an exemption shall not be granted by such commissioner unless
a school demonstrates with good cause: (1) that there is no need for
such breakfast program because of low enrollment or documented projec-
tions of low participation or (2) that economic hardship or other good
cause makes the establishment of such a program impractical. Such
commissioner shall establish explicit good cause criteria in regulations
pursuant to this act and annually review the basis for such exemptions.
Such commissioner may also grant a waiver for up to one year from the
provisions of this subdivision to allow adequate time for planning and
implementation of a breakfast program.
S 8. Subdivision 1 of section 2854 of the education law is amended by
adding a new paragraph (f) to read as follows:
A. 11075 7
(F) A CHARTER SCHOOL SHALL BE SUBJECT TO THE PROVISIONS OF SECTIONS
NINE HUNDRED FIFTEEN AND NINE HUNDRED TWENTY-ONE OF THIS CHAPTER.
S 9. The education law is amended by adding a new section 922 to read
as follows:
S 922. BREAKFAST AND LUNCH STATE SUBSIDIES. 1. STATE SUBSIDIES SHALL
BE MADE AVAILABLE TO SCHOOL FOOD AUTHORITIES RESPONSIBLE FOR THE ADMIN-
ISTRATION OF A BREAKFAST AND/OR LUNCH PROGRAM AUTHORIZED BY THE NATIONAL
SCHOOL LUNCH ACT, AS AMENDED, OR THE CHILD NUTRITION ACT OF 1966, AS
AMENDED.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN THE
SCHOOL YEARS COMMENCING JULY FIRST, TWO THOUSAND THIRTEEN AND THEREAFT-
ER, THE PER FREE BREAKFAST STATE SUBSIDY SHALL BE TWENTY-SIX CENTS, THE
PER REDUCED-PRICE BREAKFAST STATE SUBSIDY SHALL BE THIRTY-TWO CENTS, AND
THE AVAILABLE PER PAID BREAKFAST STATE SUBSIDY SHALL BE TWENTY-FIVE
HUNDREDTHS OF A CENT. UPON SUBMISSION BY THE SCHOOL FOOD AUTHORITY OF
AN APPLICATION FOR REIMBURSEMENT, IN SUCH FORM AS THE COMMISSIONER SHALL
REQUIRE, THE DEPARTMENT SHALL COMPUTE A TOTAL AMOUNT EQUAL TO THE SUM
OF:
A. THE PRODUCT OF THE FREE BREAKFAST STATE SUBSIDY MULTIPLIED BY THE
NUMBER OF FREE BREAKFASTS SERVED TO CHILDREN;
B. THE PRODUCT OF THE REDUCED-PRICE BREAKFAST STATE SUBSIDY MULTIPLIED
BY THE NUMBER OF REDUCED-PRICE BREAKFASTS SERVED TO CHILDREN; AND
C. THE PRODUCT OF THE PAID BREAKFAST STATE SUBSIDY MULTIPLIED BY THE
NUMBER OF PAID BREAKFASTS SERVED TO CHILDREN.
SUCH TOTAL AMOUNT SHALL BE USED TO COVER ALL ACTUAL COSTS OF A SCHOOL
BREAKFAST PROGRAM.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN THE
SCHOOL YEARS COMMENCING JULY FIRST, TWO THOUSAND THIRTEEN AND THEREAFT-
ER, THE PER FREE LUNCH STATE SUBSIDY SHALL BE TWENTY-ONE AND ONE-HALF
CENTS, THE AVAILABLE PER REDUCED-PRICE LUNCH STATE SUBSIDY SHALL BE
THIRTY-SIX AND ONE-HALF CENTS, AND THE PER PAID LUNCH STATE SUBSIDY
SHALL BE SIX AND ONE-HALF CENTS. UPON SUBMISSION BY THE SCHOOL FOOD
AUTHORITY OF AN APPLICATION FOR REIMBURSEMENT, IN SUCH FORM AS THE
COMMISSIONER SHALL REQUIRE, THE DEPARTMENT SHALL COMPUTE A TOTAL AMOUNT
EQUAL TO THE SUM OF:
A. THE PRODUCT OF THE FREE LUNCH STATE SUBSIDY MULTIPLIED BY THE
NUMBER OF FREE LUNCHES SERVED TO CHILDREN;
B. THE PRODUCT OF THE REDUCED-PRICE LUNCH STATE SUBSIDY MULTIPLIED BY
THE NUMBER OF REDUCED-PRICE LUNCHES SERVED TO CHILDREN; AND
C. THE PRODUCT OF THE PAID LUNCH STATE SUBSIDY MULTIPLIED BY THE
NUMBER OF PAID LUNCHES SERVED TO CHILDREN.
SUCH TOTAL AMOUNT SHALL BE USED TO COVER ALL ACTUAL COSTS OF A SCHOOL
LUNCH PROGRAM.
4. IN ADDITION TO THE STATE SUBSIDIES FOR BREAKFAST AND LUNCH UNDER
SUBDIVISIONS TWO AND THREE OF THIS SECTION, IN THE SCHOOL YEARS COMMENC-
ING JULY FIRST, TWO THOUSAND ELEVEN AND THEREAFTER, AN AMOUNT EQUAL TO
THE DIFFERENCE BETWEEN THE TOTAL COMBINED FEDERAL AND STATE REIMBURSE-
MENT FOR FREE BREAKFAST AND FREE LUNCH AND THE TOTAL COMBINED FEDERAL
AND STATE REIMBURSEMENT FOR REDUCED BREAKFAST AND REDUCED LUNCH SHALL BE
MADE AVAILABLE TO EACH SCHOOL FOOD AUTHORITY PROVIDED THAT CHILDREN
RECEIVING A REDUCED BREAKFAST AND/OR LUNCH SHALL NOT BE CHARGED ANY
AMOUNT FOR THESE MEALS.
5. THE AVAILABLE STATE BREAKFAST SUBSIDIES GREATER THAN ACTUAL COSTS
FOR BREAKFAST SHALL BE APPLIED TO COVER ACTUAL COSTS OF THE OPERATION OF
THE SCHOOL LUNCH PROGRAM.
A. 11075 8
6. THE COMMISSIONER MAY AUTHORIZE OR REQUIRE SCHOOL DISTRICTS TO
SUBMIT A SINGLE APPLICATION FOR REIMBURSEMENT FOR COSTS INCURRED IN THE
OPERATION OF THE SCHOOL FOOD SERVICE PROGRAMS. SUCH APPLICATION SHALL
COMBINE ALL ALLOWABLE COSTS FOR THE SCHOOL BREAKFAST AND SCHOOL LUNCH
PROGRAMS INTO A CONSOLIDATED APPLICATION FOR REIMBURSEMENT. HOWEVER,
SCHOOL DISTRICTS MUST ACCOUNT SEPARATELY FOR REIMBURSEMENT FOR "SEVERE
NEED," WHEN SUCH REIMBURSEMENT IS AVAILABLE.
7. FOR THE PURPOSES OF THIS SECTION, FEDERAL FUNDS, AVAILABLE UNDER
THE NATIONAL SCHOOL LUNCH ACT, AS AMENDED, AND THE CHILD NUTRITION ACT,
AS AMENDED, SHALL BE UTILIZED TO THE MAXIMUM EXTENT POSSIBLE FOR COSTS
RELATED TO THE PROVISION OF THE SCHOOL BREAKFAST PROGRAM AND THE SCHOOL
LUNCH PROGRAM.
S 10. Section 2 of chapter 537 of the laws of 1976, relating to paid,
free and reduced price breakfast for eligible pupils in certain school
districts is REPEALED.
S 11. This act shall take effect July 1, 2010; provided, however, that
subdivisions 2 and 3 of section 915 of the education law as added by
section five of this act shall take effect September 1, 2013; subdivi-
sions 4 and 5 of section 915 of the education law as added by section
five of this act shall take effect September 1, 2011; and such amend-
ments shall apply to all contracts issued, renewed, modified, altered or
amended on or after such effective dates; provided further, however,
that section seven of this act shall take effect September 1, 2013;
provided further, however, that section ten of this act shall take
effect July 1, 2013.