An Act to reimburse school districts for costs incurred in providing reduced price meals to students.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 13-35-2 be AMENDED:

13-35-2. Pupils and employed personnel of the school district or other agencies contracting with the Department of Education, who are fed through a school food services program may be charged for mealsIf a student is eligible for free meals through the National School Lunch Program, 42 U.S.C. § 1751, et seq. (January 1, 2024), or the School Breakfast Program, 42 U.S.C. § 1773 (January 1, 2024), the board of a school district may not impose a charge upon the student for any meal provided through a school food services program.

If a student is eligible for reduced-price meals through the National School Lunch Program or the School Breakfast Program, the board of a school district may impose only such meal charges upon the student as are permitted in accordance with the federal programs.

If a student is not eligible for reduced-price meals through the National School Lunch Program or the School Breakfast Program, but has a family income that is less than two hundred and nine percent of the poverty line, as defined in the Omnibus Budget Reconciliation Act of 1981, 42 U.S.C. § 9902 (January 1, 2024), the district may provide the student with reduced-price meals, and charge the student an amount no greater than that paid by a student who is eligible for reduced-price meals.

The Department of Education shall, with moneys appropriated in the General Appropriations Act, from the Governor's Office of Economic Development Future Fund, reimburse the school district for the costs incurred in providing meals to a student who is not eligible for reduced-price meals through the National School Lunch Program or the School Breakfast Program, but has a family income that is less than two hundred and nine percent of the poverty line, less any amount charged to the student in accordance with this section.