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A BILL TO BE ENTITLED
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AN ACT
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relating to a program to provide a free or reduced-price breakfast |
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to eligible students attending a public school, the method of |
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determining the number of educationally disadvantaged students for |
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the compensatory education allotment, and the use of compensatory |
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education allotment funds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.901, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) If at least 10 percent of the students enrolled in one or |
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more schools in a school district or enrolled in an open-enrollment |
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charter school are eligible for free or reduced-price breakfasts |
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under the national school breakfast program provided for by the |
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Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the board of |
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trustees of the school district or the governing body of the |
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open-enrollment charter school shall either: |
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(1) participate in the national program and make the |
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benefits of the national program available to all eligible students |
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in the schools or school; or |
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(2) develop and implement a locally funded program to |
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provide a free or reduced-price breakfast to all students in the |
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school or schools eligible under the national program, provided |
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that the reduced price may not exceed the maximum allowable rate |
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under the national program. |
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(a-1) A school district is permitted under Subsection (a) to |
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participate in the national program at one or more campuses in the |
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district and provide a locally funded program at one or more other |
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campuses in the district. |
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(b) A school district campus or an open-enrollment charter |
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school participating in the national school breakfast program |
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provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773) |
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or providing a locally funded program in which 80 percent or more of |
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the students qualify under the national program for a free or |
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reduced-price breakfast shall offer a free breakfast to each |
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student. |
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SECTION 2. Section 42.152, Education Code, is amended by |
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amending Subsection (b) and adding Subsections (b-1) and (c-3) to |
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read as follows: |
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(b) Except as provided by Subsection (b-1), for [For] |
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purposes of this section, the number of educationally disadvantaged |
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students is determined: |
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(1) by averaging the best six months' numbers of |
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students eligible for enrollment in the national school lunch |
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program of free or reduced-price lunches for the preceding school |
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year; or |
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(2) in the manner provided by commissioner rule[, if
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no campus in the district participated in the national school lunch
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program of free or reduced-price lunches during the preceding
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school year]. |
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(b-1) A student receiving a full-time virtual education |
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through the state virtual school network is not included in |
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determining the number of educationally disadvantaged students |
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under Subsection (b). |
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(c-3) Notwithstanding Subsection (c), funds allocated under |
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this section may be used to: |
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(1) provide child-care services or assistance with |
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child-care expenses for students at risk of dropping out of school, |
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as defined by Section 29.081(d)(5); or |
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(2) pay the costs associated with services provided |
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through a life skills program in accordance with Sections |
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29.085(b)(1) and (3)-(7). |
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SECTION 3. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |