S.B. 61

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Senate Committee Amendments 2-26-2004 sm/dsl This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 26, 2004 at 10:02 AM by smaeser. --> 1

ACCEPTANCE OF FEDERALLY FUNDED
2 BREAKFAST PROGRAM FOR CHILDREN
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Paula F. Julander
6
7 LONG TITLE
8 General Description:
9 This bill modifies the State System of Public Education Code by requiring all schools to
10 participate in the School Breakfast Program.
11 Highlighted Provisions:
12 This bill:
13 . requires each local school board to require each school in its district S THAT
13a PARTICIPATES IN THE NATIONAL SCHOOL LUNCH PROGRAM s to participate in
14 the School Breakfast Program S ; AND
14a . PROVIDES AN EXEMPTION FROM THE PARTICIPATION REQUIREMENT s .
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 This bill takes effect on July 1, 2004.
19 Utah Code Sections Affected:
20 AMENDS:
21 53A-19-301, as enacted by Chapter 268, Laws of Utah 1996
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53A-19-301 is amended to read:
25 53A-19-301. School Breakfast Program -- Review of nonparticipants.
26 (1) [(a)] Each local school board shall[, at least once every three years, review] require
27 each [elementary] school in its district S THAT PARTICIPATES IN THE NATIONAL SCHOOL LUNCH
27a PROGRAM s [that does not] to participate in the School Breakfast

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Senate Committee Amendments 2-26-2004 sm/dsl 28

Program [as to the school's reasons for nonparticipation].
29 [(b) (i) If the school board determines that there are valid reasons for the school's
30 nonparticipation, no further action is needed.]
31 [(ii) Reasons for nonparticipation may include a recommendation from the school
32 community council authorized under Section 53A-1a-108 or a similar group of parents and
33 school employees that the school should not participate in the program.]
34 [(2) (a) After two nonparticipation reviews, a local school board may, by majority vote,
35 waive any further reviews of the nonparticipatory school.]
36 [(b) A waiver of the review process under Subsection (2)(a) does not prohibit
37 subsequent consideration by the local school board of an individual school's nonparticipation
38 in the School Breakfast Program.]
39 [(3)] (2) The requirements of this section shall be nullified by the termination of the
40 entitlement status of the School Breakfast Program by the federal government.
40a S (3) A LOCAL SCHOOL BOARD MAY, BY MAJORITY VOTE, EXEMPT AN INDIVIDUAL SCHOOL
40b FROM THE REQUIREMENTS UNDER THIS SECTION IF THE BOARD FINDS THAT:
40c (a) THERE IS INSUFFICIENT STUDENT PARTICIPATION IN THE SCHOOL BREAKFAST PROGRAM AT
40d THE SCHOOL TO JUSTIFY ITS CONTINUATION; OR
40e (b) THE SCHOOL IS NOT OPEN DURING THE BREAKFAST HOUR. s
41 Section 2. Effective date.
42 This bill takes effect on July 1, 2004.

Legislative Review Note
as of 2-4-04 7:59 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel