S T A T E O F N E W Y O R K
________________________________________________________________________
4268
2009-2010 Regular Sessions
I N A S S E M B L Y
February 2, 2009
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Introduced by M. of A. ORTIZ, COOK, GLICK, ENGLEBRIGHT, HOYT -- Multi-
Sponsored by -- M. of A. CLARK, ROBINSON, SWEENEY, TOWNS, WEISENBERG
-- read once and referred to the Committee on Education
AN ACT to amend chapter 537 of the laws of 1976, relating to a breakfast
program for eligible pupils in certain school districts, in relation
to establishing the school breakfast incentive program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 537 of the laws of 1976, relating to a breakfast
program for eligible pupils in certain school districts, is amended by
adding a new section 3-a to read as follows:
S 3-A. THE SCHOOL BREAKFAST INCENTIVE PROGRAM (SBIP). A. THE COMMIS-
SIONER OF EDUCATION IS HEREBY AUTHORIZED TO ESTABLISH THE SCHOOL BREAK-
FAST INCENTIVE PROGRAM TO PROVIDE GRANTS, SUBJECT TO AVAILABLE APPROPRI-
ATIONS, TO ELIGIBLE SCHOOL BUILDINGS OR DISTRICTS THAT INCREASE
PARTICIPATION IN THE SCHOOL BREAKFAST PROGRAM BY REMOVING BARRIERS TO
PARTICIPATION. AN ELIGIBLE SCHOOL BUILDING OR DISTRICT IS ANY SCHOOL
BUILDING OR DISTRICT THAT OFFERED A BREAKFAST PROGRAM FOR AT LEAST ONE
YEAR PRIOR TO APPLYING FOR A GRANT UNDER THIS PROGRAM. ALL ELIGIBLE
SCHOOLS MAY APPLY FOR SBIP GRANTS, BUT PREFERENCE WILL BE GIVEN TO
SCHOOLS WITH A HIGH PERCENTAGE OF FREE AND REDUCED PRICE ELIGIBLE
STUDENTS AND A LOW PERCENTAGE OF ELIGIBLE STUDENTS PARTICIPATING IN THE
SCHOOL BREAKFAST PROGRAM.
B. THE COMMISSIONER OF EDUCATION SHALL DEVELOP REGULATIONS AND CRITE-
RIA FOR AWARDING GRANTS UNDER THIS PROGRAM BASED ON THE LEVEL OF
INCREASED PARTICIPATION IN THE APPLICANT'S SCHOOL BREAKFAST PROGRAM AND
THE REDUCTION IN BARRIERS TO PARTICIPATION, INCLUDING BUT NOT LIMITED TO
ENHANCING THE QUALITY OF MEALS SERVED, CONDUCTING PUBLIC INFORMATION
CAMPAIGNS, AND IMPLEMENTING INNOVATIVE STRATEGIES DESIGNED TO INCREASE
PARTICIPATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07797-01-9
A. 4268 2
C. I. SCHOOL DISTRICTS SEEKING SBIP FUNDS MUST SUBMIT AN ANNUAL APPLI-
CATION FOR FUNDS UNDER THE SCHOOL BREAKFAST INCENTIVE PROGRAM ON FORMS
PRESCRIBED BY THE COMMISSIONER OF EDUCATION.
II. SCHOOLS MAY RECEIVE INCENTIVE PROGRAM FUNDS MORE THAN ONCE CONTIN-
GENT UPON THEIR ABILITY TO INCREASE THEIR PUPIL PARTICIPATION IN THE
BREAKFAST PROGRAM WITH SUCH FUNDS AND UPON THE AVAILABILITY OF SUCH
FUNDS.
D. FUNDS RECEIVED BY A SCHOOL DISTRICT UNDER THIS PROGRAM SHALL BE
CONSIDERED SEPARATE AND APART FROM ANY STATE FUNDS RECEIVED FOR THE
REIMBURSEMENT OF MEALS UNDER THE NATIONAL SCHOOL LUNCH PROGRAM OR BREAK-
FAST PROGRAM AND SEPARATE FROM THE PROVISIONS OF CHAPTER 798 OF THE LAWS
OF 1980 RELATING TO FULL COST STATE REIMBURSEMENT FOR BREAKFAST
PROGRAMS.
S 2. This act shall take effect immediately.