An Act To Address Student Hunger with a "Breakfast after the Bell" Program
Maine Legislature, Session 128, LD 0809
Committee: Education and Cultural Affairs
Sponsors: MAKER, KORNFIELD, KATZ, LANGLEY, WOODSOME, ALLEY, PERRY, PIERCE, SIMMONS, STEWART
Amends: 20-A MRSA §6602

Legislative Document
No. 809
S.P. 254
In Senate, March 2, 2017
An Act To Address Student Hunger with a "Breakfast after the 
Bell" Program
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator MAKER of Washington.
Cosponsored by Representative KORNFIELD of Bangor and
Senators: KATZ of Kennebec, LANGLEY of Hancock, WOODSOME of York, 
Representatives: ALLEY of Beals, PERRY of Calais, PIERCE of Falmouth, SIMMONS of 
Waldoboro, STEWART of Presque Isle.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6602, sub-§1, ¶B-1 is enacted to read: 
B-1.  A school administrative unit with a public school in which at least 50% of 
students qualified for a free or reduced-price lunch during the preceding school year 
shall operate an alternative breakfast delivery service that provides breakfast after the 
start of the school day. A school administrative unit may opt out of the alternative 
breakfast delivery service if the governing board of the school administrative unit 
holds a public hearing regarding the service and votes in the affirmative that the 
service would not be financially or logistically viable.  The governing board of the 
school administrative unit shall post public notice in each municipality in the unit of 
the time and location of the hearing at least 10 days before the hearing. The chair of 
the governing board of the school administrative unit shall conduct the hearing.  
Within 30 days of the public hearing, the governing board of the school 
administrative unit, by majority vote, may determine that an alternative breakfast 
delivery service is not financially or logistically viable.  The department shall adopt 
rules to implement this paragraph.  Rules adopted pursuant to this paragraph are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  20-A MRSA §6602, sub-§4, ¶A, as enacted by PL 1981, c. 693, §§5 and 
8, is amended to read: 
A.  State funds, gifts and appropriations for school food service programs, including 
state funds specifically for school administrative units with a public school in which 
at least 50% of students qualified for a free or reduced-price lunch during the 
preceding school year that operate an alternative breakfast delivery service that 
provides breakfast after the start of the school day; and 
Sec. 3.  Rulemaking regarding alternative breakfast delivery service.  The 
Department of Education shall adopt rules to develop an application process and to adopt 
standards to address evaluation criteria based on need for the funding of alternative 
breakfast delivery services in school administrative units pursuant to the Maine Revised 
Statutes, Title 20-A, section 6602, subsection 1, paragraph B-1 and subsection 4, 
paragraph A.  The department shall adopt procedures to track health and academic 
outcomes through evaluation and data collection of students and schools that participate 
in alternative breakfast delivery services.  Rules adopted pursuant to this section are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 4.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF 
Initiative:  Provides ongoing funding to school administrative units that operate 
alternative breakfast delivery services that provide breakfast after the start of the school 
day.  A school administrative unit with a public school in which at least 50% of students 
qualified for a free or reduced-price lunch during the preceding school year qualifies for 
funding. 
SUMMARY 
This bill requires a school administrative unit with a public school in which at least 
50% of students qualified for a free or reduced-price lunch during the preceding school 
year to operate an alternative breakfast delivery service that provides breakfast after the 
start of the school day.  It also provides a process for a school administrative unit to opt 
out of the alternative breakfast delivery service. This bill requires the Department of 
Education to adopt rules to develop an application process and to adopt standards to 
address evaluation criteria based on need for funding assistance for alternative breakfast 
delivery services in school administrative units. It also requires the department to develop 
a means to track health and academic outcomes of students and schools that participate in 
alternative breakfast delivery services. 
GENERAL FUND 
2017-18
2018-19
All Other 
$500,000
$500,000
GENERAL FUND TOTAL 
$500,000
$500,000