wa-law.org > bill > 2025-26 > HB 1404 > Original Bill
The legislature finds that providing all public school students with access to meals served without charge each school day will support academic success and promote student well-being. The legislature, in support of students, families, and productive learning environments, and in recognition of financial challenges that can create barriers to academic achievement, declares that no student should ever experience hunger or food insecurity within a public school.
The legislature, therefore, intends to provide all requesting students with access to school meals that are served without charge.
The purpose of this section is to provide for the allocation of state funding that the legislature deems necessary to support school districts in offering the minimum instructional program of basic education under RCW 28A.150.220. The allocation shall be determined as follows:
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Except as provided otherwise by this section and RCW 28A.235.160, beginning with the 2026-27 school year, each school district shall provide breakfast and lunch each school day to any student who requests a breakfast, lunch, or both. The school district must provide the meals at no charge to the student and without consideration of the student's eligibility for a federally reimbursed free or reduced-price meal. Meals provided under this section must be nutritiously adequate and qualify for federal reimbursement under the school lunch program or the school breakfast program, and students are not eligible for more than one meal in a meal service period.
The requirements in (a) of this subsection
, for purposes of having schools participating in the United States department of agriculture's community eligibility provision under RCW 28A.235.300 complete the duration of the provision's four-year cycle, do not apply to schools participating in the community eligibility provision that have not completed the duration of the provision's four-year cycle.
The office of the superintendent of public instruction shall reimburse school districts, subject to the requirements of subsection (1) of this section, on a per meal reimbursement basis for meals that are not reimbursed at the United States department of agriculture's free rate. The additional state reimbursement amount must be the difference between the United States department of agriculture's free rate and the United States department of agriculture's paid rate, plus an additional amount of $0.05 per meal or a higher amount if authorized in the omnibus appropriations act.
School districts, in accordance with RCW 28A.235.160, may be exempted from the requirements of this section.
To maximize federal funding, school districts must continue collecting free and reduced-price meal eligibility applications where applicable and run direct certification at least monthly in accordance with RCW 28A.235.280. School districts shall also annually monitor data for eligibility in the United States department of agriculture community eligibility provision and apply where eligible as required in RCW 28A.235.300.
For the purposes of this section, the following definitions apply:
"Public school" has the same meaning as in RCW 28A.150.010.
"School breakfast program" has the same meaning as in RCW 28A.235.160.
"School lunch program" has the same meaning as in RCW 28A.235.160.
This section governs school operation and management under RCW 28A.710.040 and 28A.715.020, and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools subject to chapter 28A.715 RCW to the same extent as it applies to school districts.
The requirements in this section shall lapse if the federal reimbursement for school breakfasts or lunches is eliminated.
For the purposes of this section:
b.
"School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773.
c. "School lunch program" means a meal program meeting the requirements defined in Title 42 U.S.C. Sec. 1751 et seq.
d. "Summer food service program" means a meal or snack program meeting the requirements defined by the superintendent of public instruction under subsection (3) of this section.
3.
Each school district shall implement a summer food service program in each public school in the district in which a summer program of academic, enrichment, or remedial services is provided and in which 50 percent or more of the children enrolled in the school meet federal eligibility requirements for free or reduced-price lunch. However, the superintendent of public instruction shall develop rules establishing criteria to permit an exemption for a school that can demonstrate availability of an adequate alternative summer feeding program. Sites providing meals should be open to all children in the area, unless a compelling case can be made to limit access to the program. The superintendent of public instruction shall adopt a definition of compelling case and a schedule for implementation as follows:
a. Beginning the summer of 2005 if the school currently offers a school breakfast or lunch program; or
b. Beginning the summer following the school year during which a school implements a school lunch program under this section.
Schools not offering a summer food service program may meet the meal service requirements of subsection (3) of this section through any of the following:
Preparing the meals on-site;
Receiving the meals from another school that participates in a United States department of agriculture child nutrition program; or
Contracting with a nonschool entity that is a licensed food service establishment under RCW 69.07.010.
The legislature does not intend to include school lunch, breakfast, or summer food service programs, or the requirements of RCW 28A.235.135, within the state's obligation for basic education funding under Article IX of the state Constitution.
The requirements in this section shall lapse if the federal reimbursement for school breakfasts, lunches, or summer food service programs is eliminated.
School districts may be exempted from the requirements of this section and RCW 28A.235.135 by showing good cause why they cannot comply with the office of the superintendent of public instruction to the extent that such exemption is not in conflict with federal or state law. The process and criteria by which school districts may be exempted shall be developed by rule and revised if necessary by the office of the superintendent of public instruction in consultation with representatives of school directors, school food service, community-based organizations, and a state organization of parents and teachers.
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Except as provided otherwise in subsection (2) of this section, each school that participates in the national school lunch program, the school breakfast program, or both, shall annually distribute and collect an application for all households of children in kindergarten through grade 12 to determine whether a student meets federal eligibility for free or reduced-price meals. If a parent or guardian of a student needs assistance with application materials in a language other than English, the school shall offer appropriate assistance to the parent or guardian.
If a student who, based on information available to the school, likely meets federal eligibility for free or reduced-price meals but has not submitted an application to determine eligibility, the school shall, in accordance with the authority granted under 7 C.F.R. Sec. 245.6(d), complete and submit the application for the student.
Subsection (1) of this section does not apply to a school that provides free meals to all students in a year in which the school does not collect applications to determine student eligibility for free or reduced-price meals.
No school or school district personnel or school volunteer may:
;
Require a student to dispose of an already served meal because of money owed for meals previously served to the student; or
Allow any disciplinary action that is taken against a student to result in the denial or delay of a nutritionally adequate meal to the student
.
The office of the superintendent of public instruction shall initiate and oversee the development and implementation of a statewide electronic repository of household income information that is required for a student's enrollment in, or eligibility for, the national school lunch program, the school breakfast program, or both programs for the purpose of:
a.
Providing parents and legal guardians with a voluntary, secure, and convenient online portal for providing household information that is required for participation in the national school lunch program, the school breakfast program, or both programs;
b. Providing student household income information to schools and school districts for purposes of determining eligibility for low-income programs for students and schools without the use of school meal applications; and
c. Ensuring an accessible, simplified process for enrolling students in, and administering, related nutrition programs, including the summer P-EBT program.
In addition to the requirements of this section and other requirements deemed necessary by the superintendent of public instruction, the superintendent of public instruction shall ensure the electronic repository:
Complies with any applicable federal requirements for participation in the national school lunch program, the school breakfast program, or both programs;
Complies with any applicable requirements necessary for schools and school districts to access repository data;
Complies with any applicable standards and requirements necessary to ensure that the repository data connects to the direct certification system and streamlines the process in a manner that maximizes the number of eligible students directly certified for free school meals each month;
Includes robust safeguards, both technically and procedurally, to ensure that the income information provided by parents and legal guardians is secure and accessed only by individuals with express authorization to do so; and
Is accessible online and easily navigable by parents and legal guardians, and in multiple languages, for the purpose of voluntarily providing the pertinent household income data.
Household income information received by the office of the superintendent of public instruction, school employees, school district employees, or their designees in accordance with this section is exempt from disclosure under chapter 42.56 RCW and may not be disseminated except as provided by law.
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Beginning in 2022, the office of the superintendent of public instruction shall report annually to the legislature by December 1st on the electronic repository, including: (i) The number of schools and school districts accessing the data of the electronic repository for providing household information that is required for a school's participation in the national school lunch program, the school breakfast program, or both programs; and (ii) recommendations for increasing the number of repository users and improving the technical functionality of the repository.
In lieu of the report contents required in (a) of this subsection, the report required by December 1, 2022, shall include a plan, timeline, and cost estimate for: (i) Implementing the development of the repository; (ii) securing any needed vendors for its development and, if necessary, operation; and (iii) making the repository accessible to schools, school districts, and the public through appropriate electronic interfaces.
For the purposes of this section, "school breakfast program" and "school lunch program" have the same meaning as in RCW 28A.235.160.
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Except as provided otherwise by this section, each public school that has an identified student percentage of at least 40 percent as determined annually by April 1st, must participate in the United States department of agriculture's community eligibility provision in the subsequent school year and throughout the duration of the community eligibility provision's four-year cycle.
School districts, to the extent practicable, shall group public schools for purposes of maximizing the number of public schools eligible to participate in the community eligibility provision. Individual schools participating in a group may have less than 40 percent identified students, provided the average identified student percentage for the group is at least 40 percent.
Public schools that, through an arrangement with a local entity, provide meals to all students and at no costs to the students are exempt from the requirements of this section.
The office of the superintendent of public instruction shall reimburse school districts, subject to the requirements of subsection (1) of this section, on a per meal reimbursement basis for meals that are not reimbursed at the United States department of agriculture's free rate. The additional state reimbursement amount must be the difference between the United States department of agriculture's free rate and the United States department of agriculture's paid rate, plus an additional amount of $0.05 per meal or a higher amount if authorized in the omnibus appropriations act.
Subsections (1) and (2) of this section govern school operation and management under RCW 28A.710.040 and 28A.715.020, and apply to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools established under chapter 28A.715 RCW to the same extent as they apply to public schools and school districts.
For the purposes of this section, "identified student" means a student who is directly certified for free school meals based on the student's participation in other means-tested assistance programs, and students who are categorically eligible for free school meals without an application and not subject to income verification.
Certificated instructional staff who have attained certification from the national board for professional teaching standards shall receive a bonus each year in which they maintain the certification. The bonus shall be calculated as follows: The annual bonus shall be $5,000 in the 2007-08 school year. Thereafter, the annual bonus shall increase by inflation, except that the bonus shall not be increased during the 2013-14 and 2014-15 school years.
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Certificated instructional staff who have attained certification from the national board for professional teaching standards shall be eligible for bonuses in addition to that provided by subsection (1) of this section if the individual is in an instructional assignment in a school in which at least 70 percent of the students qualify for the free and reduced-price lunch program.
An individual is eligible for bonuses authorized under this subsection (2) if he or she is in an instructional assignment in a school that meets the definition of high poverty school as defined in rule by the office of the superintendent of public instruction in the school year immediately preceding the school's participation in the United States department of agriculture's community eligibility provision.
For the 2024-25 through 2029-30 school years, individuals are eligible for bonuses under this subsection if they are in an instructional assignment in a school providing meals at no charge to students under RCW 28A.235.135 that met the definition of high poverty school as defined in rule by the office of the superintendent of public instruction during the 2022-23 school year.
The amount of the additional bonus under subsection (2) of this section for those meeting the qualifications of subsection (2) of this section is $5,000.
The bonuses provided under this section are in addition to compensation received under a district's salary schedule adopted in accordance with RCW 28A.405.200 and shall not be included in calculations of a district's average salary and associated salary limitations under RCW 28A.400.200.
The bonuses provided under this section shall be paid in a lump sum amount.
If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2025, in the omnibus appropriations act, this act is null and void.