HB2256

SECTION 1. Section 302A-404, Hawaii Revised Statutes, is amended to read as follows:

"§302A-404 School meals[.]; free school breakfast and lunch. (a) School meals shall be made available under the school meals program in every school where the students are required to eat meals at school.

(b) Beginning with the 2024-2025 school year, free school breakfast shall be provided to every student enrolled in a department school who:

(1) Qualifies based on the student's household eligibility for reduced price breakfast under the federal school breakfast program or any other federal program for free and reduced price school meals;

(2) Submits an application to the department; and

(3) Has their application approved by the department.

Free school breakfast shall meet the meal requirements for breakfasts established pursuant to title 7 Code of Federal Regulations section 220.8.

(c) Beginning with the 2024-2025 school year, free school lunch shall be provided to any student enrolled in a department school who:

(1) Qualifies based on the student's household eligibility for reduced price lunch under the federal National School Lunch Program;

(2) Submits an application to the department; and

(3) Has their application approved by the department.

Free school lunch shall meet the meal requirements for lunches established pursuant to title 7 Code of Federal Regulations section 210.10.

[~~(b)~~] (d) No student shall be denied a meal solely for failure to pay:

(1) Within the first twenty-one days of the first semester of a school year while the student's application for free or reduced lunch is being processed; or

(2) Within seven days after a student's meal fund account reaches a zero or negative balance.

[~~(c)~~] (e) The department may adopt rules or policies governing the collection of funds for student meal accounts with a negative fund balance; provided that no rule or policy shall prohibit feeding a student as required pursuant to subsection (b).

(f) It is the intent of this section not to jeopardize the receipt of any federal aid and to the extent, and only to the extent necessary to effectuate this intent, the governor may modify the strict provisions of this section, but shall promptly report any such modification with the governor's reasons therefor to the next succeeding session of the legislature for review."

SECTION 2. Section 302A-405, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [~~The~~] Except as provided in section 302A-404(b) and (c), the price for school meals shall be set by the department to ensure that moneys received from the sale of the meals shall be [~~not~~] no less than one-half of the cost of preparing the meals. The prices for school meals may be adjusted annually based on the previous year's costs rounded to the nearest five cents; provided that the department by rule shall provide a lower rate or free meals to children based on their economic need."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the total plate costs associated with providing free school breakfasts and lunches in department of education schools as required by this Act after federal funding has been accounted.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2256
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII