H.B. 141

1

SCHOOL BREAKFAST PROGRAM
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David Litvack
5
6 LONG TITLE
7 General Description:
8 This bill modifies the State System of Public Education Code by requiring certain
9 schools to participate in the School Breakfast Program.
10 Highlighted Provisions:
11 This bill:
12 . requires each local school board to require each school in its district that is eligible
13 for severe need assistance to participate in the School Breakfast Program.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 This bill takes effect on July 1, 2005.
18 Utah Code Sections Affected:
19 AMENDS:
20 53A-19-301, as enacted by Chapter 268, Laws of Utah 1996
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 53A-19-301 is amended to read:
24 53A-19-301. School Breakfast Program -- Review of nonparticipants.
25 (1) [(a)] Each local school board shall[, at least once every three years, review] require
26 each [elementary] school in its district [that does not] that is eligible for severe need assistance
27 to participate in the School Breakfast Program [as to the school's reasons for nonparticipation].

28 [(b) (i) If the school board determines that there are valid reasons for the school's
29 nonparticipation, no further action is needed.]
30 [(ii) Reasons for nonparticipation may include a recommendation from the school
31 community council authorized under Section 53A-1a-108 or a similar group of parents and
32 school employees that the school should not participate in the program.]
33 [(2) (a) After two nonparticipation reviews, a local school board may, by majority vote,
34 waive any further reviews of the nonparticipatory school.]
35 [(b) A waiver of the review process under Subsection (2)(a) does not prohibit
36 subsequent consideration by the local school board of an individual school's nonparticipation
37 in the School Breakfast Program.]
38 [(3)] (2) The requirements of this section shall be nullified by the termination of the
39 entitlement status of the School Breakfast Program by the federal government.
40 Section 2. Effective date.
41 This bill takes effect on July 1, 2005.




Legislative Review Note
as of 12-23-04 9:35 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel