An Act To Address Student Hunger with a "Breakfast after the Bell Program
Maine Legislature, Session 129, LD 0359
Committee Amendment CA_A-SA_B_S373 (Senate)
Amends: 20-A MRSA §6602

SENATE AMENDMENT " 6" to 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 amendment by inserting after the title the following: 
'Amend the bill by inserting before the enacting clause the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is imperative that this legislation take effect as soon as possible to avoid 
confusion in implementation and to allow the Department of Education to publish 
pertinent information; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,'' 
Amend the amendment by striking out all of section 1 and inserting the following: 
'Sec. 1. 20-A MRSA §6602, sub-§1, 1F' is enacted to read: 
F. Except as provided under paragraph G, 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 
SENATE AMENDMENT 
SENATE AMENDMENT" B "to COMMITTEE AMENDMENT "A" to S.P. 99, L.D. 359 ( ~ - :n ~) 
operated, free and reduced-price breakfast participation rate and the financial impact 
of the program on the school nutrition budget. 
Sec. 2. 20-A MRSA §6602, sub-§1, ,G is enacted to read: 
G. A school administrative unit subject to paragraph F may opt out of the alternative 
breakfast delivery service required under paragraph F if the following conditions are 
met: 
(1) 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 
the alternative breakfast delivery service would cause undue financial or 
logistical hardship; 
(3) The public and the governing body of the school administrative unit evaluate 
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 every 2 years. 
A school 
administrative unit with a public school shall notify the department of the intent to 
renew its decision to opt out under this paragraph 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 data collection and evaluation 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 an annual 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 
SENATE AMENDMENT 
, 
•-. \i 
. '1 -!/ 
SENATE AMENDMENT" B"to COMMITTEEAMENDMENT"A"to S.P. 99, L.D. 359 (S · 372>) 
a final plan within 30 days after the start of the next school year documenting new 
strategies to increase its breakfast participation rate. 
A public school that 
demonstrates a successful breakfast program, which means that at least 70% of the 
students who are eligible for free and reduced-price meals under paragraph A are 
participating in the breakfast program under paragraph B, is not required to meet the 
annual 10 percentage point breakfast participation rate increase as long as that public 
school maintains at least a 70% breakfast participation rate. Rules adopted pursuant 
to this paragraph are routine technical rules as defmed in Title 5, chapter 375, 
subchapter 2-A.' 
Amend the amendment in section 2 in subsection 2 in the last line (page 2, line 36 in 
amendment) by striking out the following: "and D" and inserting the following: 'and F' 
Amend the amendment in section 3 in paragraph A in the last line (page 3, line 6 in 
amendment) by striking out the following: "paragraph D" and inserting the following: 
'paragraph F' 
Amend the amendment on page 3 in the first indented paragraph in the first line (page 
3, line 7 in amendment) by striking out the following: "and inserting the following:" and 
inserting the following: '.' 
Amend the amendment on page 3 by striking out all of section 3 and inserting the 
following: 
'Amend the bill by inserting before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' ' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment clarifies that a public school in which at least 70% of students who 
are eligible for free and reduced-price meals are participating in the breakfast program is 
not required to meet the annual 10 percentage point breakfast participation rate increase 
as long as that public school maintains a 70% or higher breakfast participation rate. The 
amendment also strikes the ongoing General Fund appropriations section and adds an 
emergency preamble and emergency clause. 
\-J-S) 
SPONSORED BY: _c 
__ 
-&i_r_h_('_/_,_·-1_/'_~_(_('_r _ _,,,, 
__ 
_ 
(Senator BREEN) 
COUNTY: Cumberland 
FISCAL NOTE REQUIRED 
(Se~ att~ched) 
SENATE AMENDMENT 
Approved: 01/21/20 ;:wac 
LD359 
LR 658(08) 
An Act To Address Student Hunger with a "Breakfast after the Bell" Program 
Fiscal Note for Senate Amendment "eJ to Committee Amendment "A" 
Sponsor: Sen. Breen of Cumberland 
("6· ~-r~ 
Fiscal Note Required: Yes 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note 
FY 2019-20 
($500,000) 
($500,000) 
FY 2020-21 
($500,000) 
($500,000) 
Projections 
FY 2021-22 
($500,000) 
($500,000) 
Projections 
FY 2022-23 
($500,000) 
($500,0vvJ 
This amendment eliminates the ongoing General Fund appropriations in the bill 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 start or expand alternative breakfast delivery services that provide 
breakfast after the start of the school day. A "one-time" nonlapsing General Fund appropriation of $500,000 in fiscal 
year 2019-20 was already provided in Public Law 2019, chapter 480 (LD 701) for this purpose. 
LR0658(08) - Fiscal Note - Page 1 of 1