An Act To Fully Fund School Breakfast from Kindergarten to Grade 11
Maine Legislature, Session 123, LD 1997
Committee: Education and Cultural Affairs
Sponsors: MITCHELL, FLOOD, BOWMAN, BRANNIGAN, ROTUNDO, CAIN, CRAVEN, MIRAMANT
Amends: 20-A MRSA §6602, 20-A MRSA §6, 22 MRSA §1511

Legislative Document 
No. 1997 
S.P.791 
December 18, 2007 
An Act To Fully Fund School Breakfast from Kindergarten to 
Grade 11 
Approved for introduction by a majority of the Legislative Council pmsuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 18, 2007. Referred to the Committee 
on Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator MITCHELL of Kennebec. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative FLOOD ofWintbrop and Senators: BOWMAN of York, 
BRANNIGAN of Cumberland, ROTUNDO of Androscoggin, Representatives: CAIN of 
Orono, CRAVEN of Lewiston, MIRAMANT of Camden. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §6602, sub-§l, as amended by PL 1991, c. 9, Pt. II, §3, is 
repealed and the following enacted in its place: 
1. Participation. A public school shall participate in food service programs. 
A. 
I>. public school shall participate in the National School L~h Program in 
accordance with 7 Code of Federal Regulations. Part 210(2007) and provide Type A 
meals as determined by the United States Department of Agriculture. 
B. A public school shall provide all children who are eligible for free and reduced-
price meals under paragraph A, regardless of whether the school participates in the 
National School Lunch Program, a meal that meets the requirements of the federal 
School Breakfast Program set forth in 7 Code of Federal Regulations, Part 220(2007) 
at no cost to the student. The State shall provide the funding for the costs of the 
program that are not reimbursed by the Federal Government. 
Sec.2. 20-A MRSA §6602, lub-§2, as enacted by PL 1981, c. 693, §§5 and 8, is 
amended to read: 
2. Exceptioas. The following shall be are exempt from subsection 1, paragraph A: 
A. 
All secondary schools limited to students in ~ades 9, 10, 11 and 12; and 
B. 
A school administrative unit authorized by the commissioner under subsection 9 
to postpone the establishment of the program. 
Sec. 3. 20-A MRSA §6'D2, NIb-I', as enacted by PL 1981, c. 693, §§5 and 8, is 
amended to read: 
6. Nutrition report. The commissioner may assess the nutritional benefits of school 
lunch programs and school breakfast programs and report to the state board. 
Sec. 4. 20-A MRSA §6602, sub-§8, as amended by PL 1987, c. 395, Pt. A, §68, 
is further amended to read: 
8. Application for postponemeJlt. An administrative unit, whieh that had been 
authorized by the commissioner to postpone the establishment of a National School 
Lunch Program, or a federal School Breakfast Program may apply to the commissioner 
for a renewal of the postponement. 
The commissioner may grant the requested 
postponement provided that: 
A. 
The school board has ht:ld a public hearing em its proposed application; and 
B. 
One of the following conditiems is met: 
(1) 
It has been documented to the commissioner's satisfaction that the 
administrative unit lacks space for the program and there is no appropriate 
alternative source of meals for the students; 
I 
(2) It is impossible for the administrative unit to contract for or to otherwise 
procure Type A meals or meals that meet the reguirements of the federal School 
Breakfast Program for its students; or 
(3) The lack of need for the program, as determined by the school board is 
documented to the commissioner's satisfaction and was evident at the public 
hearing. 
If the postponement is granted for the conditions in paragraph B, subparagraphs (I) and 
(2), it sRa» must be for 3 years. If the postponement is granted for the condition in 
paragraph B, subparagraph (3), it sRa» must be for 4 years. 
Sec. 5. 20-A MRSA §6602, sub-§9, as enacted by PL 1981, c. 693, §§5 and 8, is 
II 
amended to read: 
9. Annual review of postponement. The commissioner shall annually review the 
conditions in the school administrative units whleIl that have been granted a 
postponement. On finding that the conditions in a unit have changed so that a 
postponement is no longer warranted, the commissioner may 'require that the unit 
establish a National School Lunch Program or a federal School Breakfast Program at the 
start of the next school year. 
Sec. 6. 22 MRSA §1511, sub-§6,~G, as enacted by PL 1999, c. 401, Pt. V, § I, 
is amended to read: 
G. 
Substance abuse prevention and treatment; aRd 
Sec. 7. 22 MRSA §1511, sub-§6, 111, as enacted by PL 1999, c. 401, Pt. V, §1, 
is amended to read: 
H. 
Comprehensive school health programs, including school-based health cmters:~ 
and 
Sec. 8. 22 MRSA §1511, sub-§6, ~ is enacted to read: 
I. Meals that meet the reguirements of the federal School Breakfast Program that are 
provided by public schools for all children kindergarten to grade 12 who are eligible 
to receive free and reduced-price meals through the National School Lunch Program. 
Sec. 9. Appropriations and allocations. The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF 
Fund for a Healthy Maine - School Breakfast Program (New) 
Initiative: Allocates funds from the Fund for a Healthy Maine for all public schools 
kindergarten to grade 12 to provide free breakfasts to those students who are eligible to 
receive free or reduced-price meals under the National School Lunch Program. 
FUND FOR A HEALTHY MAINE 
All Other 
2007-08 
$0 
2008-09 
$1,423,566 
I 
FUND FOR A HEAL THY MAINE TOTAL 
SUMMARY 
$0 
$1,423,566 
This bill requires public schools to provide all children who are eligible for free and 
reduced-price meals under the National School Lunch Program with a meal that meets the 
requirements of the federal School Breakfast Program at no cost to the student and 
requires the State to provide the funding for the costs of the program that are not 
reimbursed by the Federal Government. This bill includes an allocation from the Fund 
for a Healthy Maine for the costs to the State in fiscal year 2008-09 and adds the school 
breakfast program to the health-related initiatives that are eligible to receive funds from 
the Fund for a Healthy Maine. 
"