An Act To Address Student Hunger with a "Breakfast after the Bell" Program
Maine Legislature, Session 129, LD 0359
Committee Amendment CA_A_S78 (Senate)
Amends: 20-A MRSA §6602

COMMITTEE AMENDMENT" A "to S.P. 99, L.D. 359, Bill, "An Act To Address 
Student Hunger with a "Breakfast after the Bell" Program" 
Amend the bill by striking out all of sections 1 and 2 and inserting the following: 
1Sec. 1. 20-A MRSA §6602, sub-§1, ,r,rn and E are enacted to read: 
D. Except as provided under paragraph E, 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 and before any lunch 
period in the school begins for students at that public school. A school administrative 
unit with a public school in which at least 70% of students who are eligible for free 
and reduced-price meals under paragraph A participate in the breakfast program 
under paragraph B is exempt from the requirements of this paragraph. 
The department shall publish annually, by July 1. 2020 and every July 1st thereafter, 
on its publicly accessible website, information regarding schools required to comply 
with and schools exempt from this paragraph in the preceding school year, including. 
but not limited to. the name of the school, any alternative breakfast delivery service 
operated, free and reduced-price breakfast participation rate and the financial impact 
of the program on the school nutrition budget. 
E. A school administrative unit subject to paragraph D may opt out of the alternative 
breakfast delivery service required under paragraph D if the following conditions are 
met: 
(l) The governing body of the school administrative unit holds a public hearing 
regarding the service. The governing body 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 body of 
the school administrative unit shall conduct the hearing; 
(2) The school administrative unit submits to the governing body a detailed 
cost-benefit analysis and any other material that demonstrates that implementing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" fr'to S.P. 99,L.D. 359 U,;,- l B j 
the alternative breakfast delivery service would cause undue financial or 
logistical hardship; 
(3) 
The public and the governing body of the school administrative unit 
evaluates the cost-benefit analysis and any written material submitted for 
purposes of this paragraph; 
(4) Within 30 days of the public hearing under subparagraph (1), the governing 
body of the school administrative unit, by majority vote, determines that an 
alternative breakfast delivery service is not financially or logistically viable and 
that the school administrative unit will opt out; and 
(5) The governing body of the school administrative unit notifies the department 
of the vote to opt out under subparagraph ( 4). 
Opting out under this paragraph must be renewed everv 2 years. 
A school 
administrative unit with a public school shall submit a request for an extension to opt 
out before the end of the 2nd school year after the previous vote. 
The department shall adopt rules to implement this paragraph including rules 
governing the application process and standards to address evaluation criteria based 
on need for the funding of alternative breakfast delivery services in school 
administrative units. The rules must include procedures to track health and academic 
outcomes through evaluation and data collection of students and schools that 
participate in alternative breakfast delivery services. Procedures to track health and 
academic outcomes must include tracking and ensuring that all public schools 
required to implement the alternative breakfast delivery service are demonstrating at 
least a 10 percentage point increase in their school breakfast participation rate. If the 
department determines that a participating public school has not increased its 
breakfast participation rate by at least 10 percentage points, the department shall 
provide written notification including improvement strategies to the public school. 
Upon receipt of written notification by the department, a public school that has not 
increased its breakfast participation rate by at least 10 percentage points shall submit 
a final plan within 30 days after the start of the next school year documenting new 
strategies to increase its breakfast participation rate. 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-§2, as amended by PL 2011, c. 379, §5, is 
further amended to read: 
2. Exceptions. The following are exempt from subsection 1, paragraphs A aad_. B 
andD: 
A. All secondary schools limited to students in grades 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 §6602, sub-§4, 1A, as enacted by PL 1981, c. 693, §§5 and 
8, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" Pr" to S.P. 99, L.D. 359( ';;,-7 <t) 
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 pursuant to subsection 1, 
paragraph D; and' 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF 
School Finance and Operations Z078 
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. 
The department is required to develop guidelines to allocate and disburse the funding to 
participating schools. 
Guidelines must be developed within 90 days following the 
effective date of this Act. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2019-20 
$500,000 
$500,000 
2020-21 
$500,000 
$500,000 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The 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. 
This amendment, which is the majority report, clarifies that the alternative breakfast 
delivery service provides breakfast after the start of the school day and before any lunch 
period in the school begins for students at that public school. The amendment also 
provides that a school administrative unit or a public school in which at least 70% of 
students who are eligible for free and reduced-price meals participate in the breakfast 
program is exempt from the requirement of providing an alternative breakfast delivery 
service. 
The amendment revises the process as proposed in the bill for a school 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" /4-"to S.P. 99,L.D. 359 (<-;:,-:"""?<tJ\ 
administrative unit to opt out of the alternative breakfast delivery service. 
The 
amendment also provides for procedures to track health and academic outcomes of 
students. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/11/19 feac.. 
LD359 
LR 658(02) 
An Act To Address Student Hunger with a "Breakfast after the Bell" Program 
Fiscal Note for Bill as Amended by Committee Amendment ''if ( 'S> ,, 'b) 
Committee: Education and Cultural Affairs 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2019-20 
FY2020-21 
$500,000 
$500,000 
$500,000 
$500,000 
Projections 
FY2021-22 
$500,000 
$500,000 
Projections 
FY2022-23 
$500,000 
$500,000 
This bill includes ongoing General Fund appropriations of $500,000 per year beginning in fiscal year 2019-20 to the 
School Finance and Operations program within the Department of Education to provide funding to those school 
administrative units that operate alternative breakfast delivery services that provide breakfast after the start of the 
school day. 
This fiscal note assumes that the public hearings required to be held in order for a school administrative unit to opt out 
of the alternative breakfast delivery service will be held during a regularly scheduled meeting of the local school 
administrative unit's governing board and that the required public notice will be provided as part of the regular notice 
of a meeting of the governing board. 
LR0658(02) - Fiscal Note - Page 1 of 1