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--- version:A-Engrossed+++ version:(document, no version)@@ -19,55 +19,35 @@192021-22-23-83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session-A-Engrossed-Senate Bill 1581-Ordered by the Senate February 11-Including Senate Amendments dated February 11-Sponsored by Senator NERON MISSLIN, Representative BOWMAN, Senators CAMPOS, FREDERICK, MANNING-JR, PATTERSON, Representatives DOBSON, JAVADI, LEVY E, PHAM H, WISE; Senators JAMA, MEEK,-PHAM K, WEBER, Representatives ANDERSEN, CHAICHI, CHOTZEN, EVANS, GAMBA, GOMBERG,-MCDONALD, MUNOZ, NELSON, NGUYEN D, NOSSE, OWENS, WALTERS (Presession filed.)-SUMMARY-The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject-to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the-measure. The statement includes a measure digest written in compliance with applicable readability standards.-Digest: Makes school meals available at no cost. (Flesch Readability Score: 78.8).-Requires school districts to offer lunch and breakfast to students at no charge, regardless of-income. Provides exceptions.-Requires school districts that make breakfast accessible at a school site to make breakfast ac--cessible at the school site after the beginning of the day.-[Prescribes nutrition standards for reimbursable meals that are paid for by state sources. ]-Takes effect on July 1, 2026.-A BILL FOR AN ACT-Relating to school meals; creating new provisions; amending ORS 327.531, 327.535, 327.537 and-327.545; and prescribing an effective date.-Whereas access to nutritious meals is essential for the health, well-being and academic success-of all students; and-Whereas hunger and food insecurity negatively impact students’ ability to concentrate, learn-and thrive in school environments; and-Whereas one in six children in Oregon lives in a household that struggles with food insecurity,-and many more face intermittent hunger throughout the school year; and-Whereas the stigma associated with free or reduced price lunch programs can discourage eligi--ble students from participating in the programs and can contribute to social isolation; and-Whereas offering meals at no cost to all students eliminates administrative burdens related to-meal applications, income verification and unpaid meal debt collection; and-Whereas offering free meals to all students promotes equity, dignity and inclusivity in Oregon’s-public education system; and-Whereas research shows that schools that offer free meals to all students demonstrate increased-participation rates, improved student nutrition, better health outcomes and reduced disciplinary in--cidents and absenteeism; and-Whereas Oregon has demonstrated leadership in child welfare and education policy and has the-opportunity to become a national model for universal school meal access; and-Whereas investing in universal school meals supports local agriculture, food service workers-and Oregon’s broader food economy; and-Whereas the COVID-19 pandemic highlighted the critical role schools play in feeding children-NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.-New sections are in boldfaced type.-LC 113-A-Eng. SB 1581+SB 1581-1+(LC 113)+2/2/26 (HRS/ps)+Requested by Senator NERON MISSLIN+PROPOSED AMENDMENTS TO+SENATE BILL 1581+On page 2+ of the printed bill, line 11, restore the bracketed material and+delete the boldfaced material.+In line 21, restore the bracketed material and delete the boldfaced mate-+rial.+In line 25, restore the bracketed material and delete the boldfaced mate-+rial.+After line 39, insert:+“(5) The Department of Education shall provide technical assistance to+schools and school districts to meet the requirements of this section.”.+Delete lines 40 through 45 and delete pages 3 and 4+.+On page 5 , delete lines 1 through 10 and insert:+“SECTION 2. ORS 327.535 is amended to read:+“327.535. (1) As used in this section, ‘eligible student’ means a student+who is eligible for free or reduced price meals under the United States De-+partment of Agriculture’s National School Lunch Program or School Break-+fast Program.+“[ (2) A school district may make breakfast accessible at any school site and+shall make breakfast accessible if required by this section. ]+“[ (3) Subject to subsections (4) and (5) of this section, a school district that+provides lunch at any school site shall make breakfast accessible as part of a+breakfast program if 25 percent or more of the students at the school site are123@@ -98,69 +78,38 @@282930-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-and underscored the need for permanent, equitable solutions; now, therefore,-Be It Enacted by the People of the State of Oregon:-SECTION 1.- ORS 327.531 is amended to read:-327.531. (1)(a) A school or school district that meets the eligibility requirements of the special-provisions of the United States Department of Agriculture’s National School Lunch Program or-School Breakfast Program [ may] must apply to the Department of Education to offer-reimbursable breakfasts, lunches or both at no charge and without consideration of individual el--igibility [ by applying to the Department of Education ].-(b) If the school or school district is approved under paragraph (a) of this subsection, the school-or school district must offer breakfasts, lunches or both to all students of the school or school dis--trict at no charge to the student.-(c) For each breakfast or lunch that a school or school district provides at no charge as de--scribed in this subsection, the Department of Education shall provide reimbursement pursuant to-ORS 327.545 (2).-(2)(a) If a school or school district does not offer reimbursable breakfasts or lunches as de--scribed in subsection (1) of this section, the school district must [ ensure] require that each school-of the school district:-(A) Offers lunch at no charge to students [ from households with incomes that do not exceed 300-percent of the federal poverty guidelines ].-(B) Offers breakfast at no charge to students [ from households with incomes that do not exceed-300 percent of the federal poverty guidelines ], if breakfast must be offered pursuant to ORS 327.535.-(b) For each breakfast or lunch that a school or school district provides at no charge as de--scribed in this subsection, the Department of Education shall provide reimbursement pursuant to-ORS 327.545 (3).-(3) Notwithstanding subsections (1) and (2) of this section, a school or school district is not re--quired to provide breakfast or lunch at no charge to students if :-(a) The Department of Education has insufficient funds to provide reimbursement pursuant to-ORS 327.545 (2) or (3). The State Board of Education shall adopt rules that describe:-[(a)] (A) The method for determining when the department has insufficient funds[ ;].-(B) The criteria for determining when a breakfast or lunch must still be provided at no-charge to students based on the funds that are available to provide reimbursement. When-possible, the criteria must prioritize the offering of breakfast or lunch at no charge to stu--dents from households with incomes that do not exceed 300 percent of the federal poverty-guidelines.-[(b)] (C) The content and timing of the notice to be provided to school districts when the de--partment determines that the department has insufficient funds[ ; and ].-[(c)] (D) The procedures the school or school district must follow upon receiving notice of in--sufficient funds.-(b) The school site operates on a schedule that does not include a traditional service time-for breakfast or lunch, as determined by the Department of Education based on criteria es--tablished by the State Board of Education by rule.-(4) The Department of Education shall provide technical assistance to schools and school-districts to meet the requirements of this section.-SECTION 2. ORS 327.535 is amended to read:-327.535. (1) As used in this section, “eligible student” means a student who is eligible for free-[2]-A-Eng. SB 1581+eligible students or the school site qualifies for assistance under Chapter I of+Title I of the federal Elementary and Secondary Education Act of 1965. ]+“[ (4) A school district that makes breakfast accessible as provided under+subsection (3) of this section may apply to the Department of Education for a+waiver for all or for particular grade levels if the school district is financially+unable to implement a breakfast program. The department may grant a waiver+to the school district for a period not to exceed two years, after which the+school district must reestablish its claim of financial hardship if the waiver+is to be extended. ]+“[ (5) If the per meal federal reimbursement for the breakfast program falls+below the 1991 reimbursement levels, a school district may elect to discontinue+the program until federal funding is restored to those levels. No waiver is re-+quired for such election. ]+“ (2) Except as provided by subsection (3) of this section, a school+district must make breakfast accessible at every school site.+“(3) A school district is not required to make breakfast accessible+at every school site if the school district qualifies for a waiver from+the Department of Education under this subsection. A school district+may qualify for a waiver as follows:+“(a) The school district may apply for a waiver for all or for par-+ticular grade levels if the school district is financially unable to im-+plement a breakfast program. A school district may qualify for a+waiver under this paragraph only if 25 percent or more of the students+at the school site are eligible students or the school site qualifies for+assistance under Chapter I of Title I of the federal Elementary and+Secondary Education Act of 1965. The department may grant a waiver+to the school district for a period not to exceed two years, after which+the waiver may be extended only if the school district reestablishes a+claim of financial hardship.+“(b) The school district may apply for a waiver for all or for par-+ SB 1581-1 2/2/26+ Proposed Amendments to SB 1581 Page 2123@@ -191,68 +140,38 @@282930-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-or reduced price meals under the United States Department of Agriculture’s National School Lunch-Program or School Breakfast Program.-[(2) A school district may make breakfast accessible at any school site and shall make breakfast-accessible if required by this section. ]-[(3) Subject to subsections (4) and (5) of this section, a school district that provides lunch at any-school site shall make breakfast accessible as part of a breakfast program if 25 percent or more of the-students at the school site are eligible students or the school site qualifies for assistance under Chapter-I of Title I of the federal Elementary and Secondary Education Act of 1965. ]-[(4) A school district that makes breakfast accessible as provided under subsection (3) of this sec--tion may apply to the Department of Education for a waiver for all or for particular grade levels if the-school district is financially unable to implement a breakfast program. The department may grant a-waiver to the school district for a period not to exceed two years, after which the school district must-reestablish its claim of financial hardship if the waiver is to be extended. ]-[(5) If the per meal federal reimbursement for the breakfast program falls below the 1991 re--imbursement levels, a school district may elect to discontinue the program until federal funding is re--stored to those levels. No waiver is required for such election. ]-(2) Except as provided by subsection (3) of this section, a school district must make-breakfast accessible at every school site.-(3) A school district is not required to make breakfast accessible at every school site if-the school district qualifies for a waiver from the Department of Education under this sub--section. A school district may qualify for a waiver as follows:-(a) The school district may apply for a waiver for all or for particular grade levels if the-school district is financially unable to implement a breakfast program. The department may-grant a waiver to the school district for a period not to exceed two years, after which the-waiver may be extended only if the school district reestablishes a claim of financial hardship.-(b) The school district may apply for a waiver for all or for particular grade levels if the-school district is unable to implement a breakfast program due to reasons identified by the-State Board of Education by rule, including operating on a schedule that does not include a-traditional service time for breakfast. The waiver shall be for a period identified by the de--partment based on criteria established by the state board, and may be extended as provided-by the criteria.-[(6)] (4) A school district that makes breakfast accessible at any school site shall make breakfast-accessible at that school site at no charge as provided by ORS 327.531 (1) or (2). The department-shall provide reimbursement to the school district for each breakfast provided at no charge as pro--vided by ORS 327.545.-[(7)(a)] (5)(a) Except as provided by [ subsection (8) of this section ] paragraph (b) of this sub--section, a school district that makes breakfast accessible at a school site [ may choose to make-breakfast accessible at that school site after the beginning of the school day. ] must ensure that-breakfast is accessible to all students after the beginning of the school day, regardless of-grade or arrival time.-(b) If a school district can demonstrate that 70 percent or more of the students at a-school site who regularly receive lunch at the school site also regularly receive breakfast at-the school site without the school district complying with paragraph (a) of this subsection,-the school district is not required to comply with paragraph (a) of this subsection.-[(b)] (6) Time spent by students consuming breakfast is considered instructional time when stu--[3]-A-Eng. SB 1581+ticular grade levels if the school district is unable to implement a+breakfast program due to reasons identified by the State Board of+Education by rule, including operating on a schedule that does not+include a traditional service time for breakfast. The waiver shall be+for a period identified by the department based on criteria established+by the state board, and may be extended as provided by the criteria.+“[ (6)] (4) A school district that makes breakfast accessible at any school+site shall make breakfast accessible at that school site at no charge as pro-+vided by ORS 327.531 (1) or (2). The department shall provide reimbursement+to the school district for each breakfast provided at no charge as provided+by ORS 327.545.+“[ (7)(a)] (5)(a) Except as provided by [ subsection (8) of this section ] para-+graph (b) of this subsection, a school district that makes breakfast acces-+sible at a school site [ may choose to make breakfast accessible at that school+site after the beginning of the school day. ] must ensure that breakfast is+accessible to all students after the beginning of the school day, re-+gardless of grade or arrival time.+“(b) If a school district can demonstrate that 70 percent or more+of the students at a school site who regularly receive lunch at the+school site also regularly receive breakfast at the school site without+the school district complying with paragraph (a) of this subsection, the+school district is not required to comply with paragraph (a) of this+subsection.+“[ (b)] (6) Time spent by students consuming breakfast is considered in-+structional time when students consume breakfast in the students’ classroom+and instruction is being provided while students are consuming breakfast.+No more than 15 minutes may be considered instructional time when stu-+dents are consuming breakfast.+“[ (8)(a) If 70 percent or more of the students at a school site are eligible+students, the school district must make breakfast accessible at that school site+ SB 1581-1 2/2/26+ Proposed Amendments to SB 1581 Page 3123@@ -283,158 +202,95 @@282930-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-dents consume breakfast in the students’ classroom and instruction is being provided while students-are consuming breakfast. No more than 15 minutes may be considered instructional time when stu--dents are consuming breakfast.-[(8)(a) If 70 percent or more of the students at a school site are eligible students, the school district-must make breakfast accessible at that school site after the beginning of the school day. ]-[(b) A school district that is required to make breakfast accessible as prescribed by paragraph (a)-of this subsection must ensure that breakfast is: ]-[(A) Accessible to all students after the beginning of the school day, regardless of grade or arrival-time; and]-[(B) Provided at no charge to all students, regardless of whether a student is an eligible student. ]-[(c)] (7) The department shall provide technical assistance to school districts to meet the re--quirements of this [ subsection] section . Technical assistance :-(a) Must include assisting school districts in maximizing to the greatest extent practi--cable the amounts received for reimbursement under federal law.-(b) May include the development of breakfast delivery models.-[(d) Notwithstanding paragraph (a) of this subsection, If a school district can demonstrate that 70-percent or more of the eligible students at a school site regularly receive breakfast at the school site-without the school district complying with paragraph (a) of this subsection, the school district is not-required to comply with paragraph (a) of this subsection. ]-[(9)(a)] (8)(a) The department may award grants or enter into contracts to enable school dis--tricts to make breakfast accessible as required under [ subsection (8) of ] this section. Each grant or-contract may not exceed $5,000 per school site and must be used to purchase or upgrade necessary-equipment required to provide breakfast after the beginning of the school day.-(b) The department may enter into a contract with a public or private entity for the purposes-of the entity providing:-(A) Technical assistance to applicants for and recipients of grants; and-(B) Administration of the grant program.-[(10)] (9) The State Board of Education may adopt any rules necessary for the implementation-of this section.-SECTION 3.+after the beginning of the school day. ]+“[ (b) A school district that is required to make breakfast accessible as pre-+scribed by paragraph (a) of this subsection must ensure that breakfast is: ]+“[ (A) Accessible to all students after the beginning of the school day, re-+gardless of grade or arrival time; and ]+“[ (B) Provided at no charge to all students, regardless of whether a student+is an eligible student. ]+“[ (c)] (7) The department shall provide technical assistance to school+districts to meet the requirements of this [ subsection] section. Technical as-+sistance:+“(a) Must include assisting school districts in maximizing to the+greatest extent practicable the amounts received for reimbursement+under federal law.+“(b) May include the development of breakfast delivery models.+“[ (d) Notwithstanding paragraph (a) of this subsection, If a school district+can demonstrate that 70 percent or more of the eligible students at a school site+regularly receive breakfast at the school site without the school district com-+plying with paragraph (a) of this subsection, the school district is not required+to comply with paragraph (a) of this subsection. ]+“[ (9)(a)] (8)(a) The department may award grants or enter into contracts+to enable school districts to make breakfast accessible as required under+[subsection (8) of ] this section. Each grant or contract may not exceed $5,000+per school site and must be used to purchase or upgrade necessary equipment+required to provide breakfast after the beginning of the school day.+“(b) The department may enter into a contract with a public or private+entity for the purposes of the entity providing:+“(A) Technical assistance to applicants for and recipients of grants; and+“(B) Administration of the grant program.+“[ (10)] (9) The State Board of Education may adopt any rules necessary+for the implementation of this section.+ SB 1581-1 2/2/26+ Proposed Amendments to SB 1581 Page 4+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+“SECTION 3.ORS 327.545 is amended to read:-327.545. (1) For school districts with schools that provide [ United States Department of Agricul--ture reimbursable ] meals to students as described in ORS 327.531 and 327.535, the Department of-Education shall reimburse the school districts for costs incurred by the school districts [ in providing-the meals. The amounts of the reimbursements may not exceed the amounts prescribed by subsections-(2) and (3) of this section ] as provided by this section .-(2) For schools that offer reimbursable breakfast and lunch at no charge to all students of the-school without consideration of individual eligibility for free or reduced price meals as described in-ORS 327.531 (1), the amount of reimbursements provided under this section [ may not exceed ] shall+“327.545. (1) For school districts with schools that provide [ United States+Department of Agriculture reimbursable ] meals to students as described in+ORS 327.531 and 327.535, the Department of Education shall reimburse the+school districts for costs incurred by the school districts [ in providing the+meals. The amounts of the reimbursements may not exceed the amounts pre-+scribed by subsections (2) and (3) of this section ] as provided by this+section.+“(2) For schools that offer reimbursable breakfast and lunch at no charge+to all students of the school without consideration of individual eligibility+for free or reduced price meals as described in ORS 327.531 (1), the amount+of reimbursements provided under this section may not exceed the difference+between:+“(a) The free reimbursement rate established by the United States De-+partment of Agriculture for reimbursable meals; and+“(b) Any amounts otherwise reimbursed or paid by state, federal or other+sources.+“(3) For schools that offer [ reimbursable] breakfast and lunch at no+charge to students [ from households with incomes that do not exceed 300 per-+cent of the federal poverty guidelines ] as described in ORS 327.531 (2), the+amount of reimbursements provided under this section [ may not exceed ] shallequal the difference between:-(a) The free reimbursement rate established by the United States Department of Agriculture for-reimbursable meals; and-(b) Any amounts otherwise reimbursed or paid by state, federal or other sources.-(3) For schools that offer [ reimbursable] breakfast and lunch at no charge to students [ from-households with incomes that do not exceed 300 percent of the federal poverty guidelines ] as described-in ORS 327.531 (2), the amount of reimbursements provided under this section [ may not exceed ] shall-[4]-A-Eng. SB 1581-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-equal the difference between:-(a) Any amounts available as the free reimbursement rate established by the United States-Department of Agriculture for reimbursable meals; and-(b) Any amounts otherwise reimbursed or paid by state, federal or other sources.-(4) The State Board of Education may adopt any rules necessary for making reimbursements-under this section.-SECTION 4.-The amendments to ORS 327.531, 327.535 and 327.545 by sections 1 to 3 of this-2026 Act first apply to the 2026-2027 school year.-SECTION 5. ORS 327.537 is amended to read:-327.537. (1) A school district that makes meals accessible to students at school sites under ORS-327.531 or 327.535 or under the United States Department of Agriculture’s National School Lunch-Program or School Breakfast Program:-(a) Must provide a [ United States Department of Agriculture reimbursable ] meal to a student who-requests the meal:-(A) Unless the student’s parent or guardian has provided written permission to the school dis--trict to withhold a meal from the student; and-(B) Regardless of whether the student has money to pay for the meal or owes money for meals;-and-(b) May not require that a student throw away a meal after the meal has been served because-of the student’s inability to pay for the meal or because money is owed for meals.-(2) If a student owes money for five or more meals, a school district shall:-(a) Determine if the student has been identified as being categorically eligible for free school-meals and can be directly certified without application;-(b) If the student has not been identified as described in paragraph (a) of this subsection, make-at least two attempts to contact the student’s parent or guardian to have the parent or guardian fill-out an application to determine if the student is eligible for free or reduced price lunches under the-United States Department of Agriculture’s current Income Eligibility Guidelines; and-(c) If the student is not eligible or the parent or guardian does not fill out an application as-described in paragraph (b) of this subsection, make reasonable efforts to contact the parent or-guardian and to offer assistance filling out an application, if appropriate.-(3) A school district may not:-(a) Publicly identify or stigmatize a student who cannot pay for a meal or who owes money for-a meal by requiring that the student wear a wristband, hand stamp or other identifying marker or-by serving the student an alternative meal; or-(b) Require a student who cannot pay for a meal or who owes money for a meal to do chores-or other work to pay for meals, unless all other students do similar chores or work regardless of-whether money is owed for meals.-(4)(a) A school district shall direct communications about amounts owed by a student for meals-to the student’s parent or guardian and not to the student.-(b) Nothing in this subsection prohibits a school district from sending home a letter with a-student addressed to the parent or guardian of the student.-(5) A school district may not require a parent or guardian to pay fees or costs from collection-agencies hired to collect moneys owed for meals.-SECTION 6.-This 2026 Act takes effect on July 1, 2026.-[5]+“(a) Any amounts available as the free reimbursement rate established+by the United States Department of Agriculture for reimbursable meals; and+“(b) Any amounts otherwise reimbursed or paid by state, federal or other+sources.+“(4) The State Board of Education may adopt any rules necessary for+making reimbursements under this section.”.+ SB 1581-1 2/2/26+ Proposed Amendments to SB 1581 Page 5
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