A1635

An Act concerning school breakfast programs.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. The Department of Agriculture, in consultation with the Department of Education, shall develop and administer a two-year school breakfast kiosk pilot program to encourage increased breakfast participation by students in public schools.

b. A local or regional school district of the State may establish a school breakfast kiosk pilot program at the school. A pilot program school shall provide students with access to school breakfast items from a cart, cubicle, or kiosk, consistent with the requirements of the federal school breakfast program, for purchase, and students shall be allowed to use any available federal reimbursement to subsidize a purchase.

c. A school district seeking to participate in the State pilot program shall submit to the Department of Agriculture a school breakfast kiosk pilot plan for a school in the district. The plan shall be in compliance with, and operate pursuant to, the school breakfast program administered by the Department of Agriculture. The plan for the school shall be submitted to the Department of Agriculture in a form and manner prescribed by the department. The plan shall outline how the school will make food available on a cart, cubicle, or kiosk on the way into the school or to a classroom, dining room, or other designated area. The plan shall also outline food choices, including how they will be consistent with federal guidelines, pricing, and packaging requirements, as well as location, support, and disposal needs.

d. The Department of Agriculture, in consultation with the Department of Education, shall review each school breakfast kiosk pilot plan submitted and make recommendations, if necessary, on how the pilot plan can operate within the limits of the federal and State reimbursement rates for the federal school breakfast program. The Secretary of Agriculture shall award one pilot program to each of three school districts, in the northern, central, and southern regions of the State respectively, selected by the Commissioner of Education.

e. The Department of Agriculture, in consultation with the Department of Education, shall provide such guidance and support to school districts and participating schools as may be necessary to effectuate the purposes of this act.

f. Within 180 days after completion of the two-year pilot program required pursuant to this act, the Department of Agriculture shall prepare and issue a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the impact of the State pilot program on students, including the percentage of low income students receiving breakfast services under the program. As used in this subsection, “low income student” means a student who qualifies for free or reduced price lunch under the federal school lunch program.

g. There is established within the Department of Agriculture a fund to be known as the “New Jersey School Breakfast Kiosk Pilot Program Fund.” The fund shall be used to provide grants to school districts under the pilot program. The fund shall be annually credited with the moneys appropriated by the Legislature, any moneys received by the State from corporate donors or other private sector support, and any federal funds which may become available. The department shall solicit such funds or other resources as may be available from the federal government or private nonprofit or for-profit sources to effectuate the purposes of this act.

2. The implementation of a school breakfast kiosk pilot program under this act shall be subject to the requirements of section 3 of P.L.2003, c.4 (C.18A:33-11).

3. This act shall take effect immediately and shall expire on the 180thday after completion of the two-year period authorized for the pilot program pursuant to this act.

STATEMENT

This bill requires the Department of Agriculture, in consultation with the Department of Education, to develop and administer a two-year school breakfast kiosk pilot program in three school districts selected by the Commissioner of Education, in the northern, central, and southern regions of the State. The bill provides that a local or regional school district of the State may establish a school breakfast kiosk pilot program at the school. The Department of Agriculture is required to award a pilot program to one school district in each of the three regions of the State.

The purpose of the school breakfast kiosk program is to increase the participation of students in school breakfast through increased accessibility to breakfast items in the school. The program will help more children start the school day with a nutritious breakfast in order to learn, grow, and develop to their full potential. Research shows that school breakfast increases attendance and decreases tardiness, improves academic performance both in class and on standardized tests, improves attentiveness, and reduces emotional and behavioral problems among students from all backgrounds.