PRINTER'S NO. 1100
No. 962 Session of 1975
INTRODUCED BY IRVIS, FINEMAN, GALLAGHER, PANCOAST, VANN, SHANE,
RAPPAPORT, HAMMOCK, MUSTO, TOLL, OLIVER, HOPKINS, REED,
HALVERSON, GLEESON AND COHEN, APRIL 9, 1975
REFERRED TO COMMITTEE ON EDUCATION, APRIL 14, 1975
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," requiring school lunch programs.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1337, act of March 10, 1949 (P.L.30,
9 No.14), known as the "Public School Code of 1949," amended
10 December 6, 1972 (P.L.1430, No.314), is amended to read:
11 Section 1337. Nonprofit School Food Program.--(a)
12 Definitions. For the purpose of this section--"school food
13 program" means a program under which food is served by any
14 school on a nonprofit basis to children in attendance, including
15 any such program under which a school receives assistance out of
16 funds appropriated by the Congress of the United States.
17 (b) Expenditure of Federal Funds. The Department of
18 Education is hereby authorized to accept and direct the
19 disbursement of funds appropriated by any act of Congress, and
1 apportioned to the State, for use in connection with school food
2 programs. The Department of Education shall deposit all such
3 funds received from the Federal Government in a special account
4 with the Treasurer of the State who shall make disbursements
5 therefrom upon the direction of the Department of Education.
6 (c) Administration of Program. The Department of Education
7 may enter into such agreements with any agency of the Federal
8 Government, with any board of school directors, or with any
9 other agency or person prescribe such regulations, employ such
10 personnel, and take such other action as it may deem necessary
11 to provide for the establishment, maintenance, operation and
12 expansion of any school food program, and to direct the
13 disbursement of Federal and State funds in accordance with any
14 applicable provisions of Federal or State law. The Department of
15 Education may give technical advice and assistance to any board
16 of school directors in connection with the establishment and
17 operation of any school food program, and may assist in training
18 personnel engaged in the operation of such program. The
19 Department of Education, and any board of school directors, may
20 accept any gift for use in connection with any school food
21 program.
22 (d) Boards of School Directors. [Pursuant to any power of]
23 The boards of school directors [to] shall operate or provide for
24 the operation of school food programs in schools under their
25 jurisdiction. On and after September 1, 1977, the school food
26 program shall make available a type A school lunch, as provided
27 in the National School Lunch Act, to each attending pupil every
28 school day. If a school district cannot operate a food program
29 because of inadequate facilities or financial limitations, the
30 board of school directors shall contract with a person offering
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1 food services to operate the program. The boards of school
2 directors may use [therefore] for school food programs funds
3 disbursed to them under the provisions of this section, gifts
4 and other funds received from the sale of school food under such
5 programs.
6 (e) Accounts, Records, Reports and Operations. The
7 Department of Education shall prescribe regulations for the
8 keeping of accounts and records, and the making of reports by,
9 or under the supervision of boards of school directors. Such
10 accounts and records shall at all times be available for
11 inspection and audit by authorized officials, and shall be
12 preserved for such period of time, not in excess of five years,
13 as the Department of Education may lawfully prescribe. The
14 Department of Education shall conduct or cause to be conducted
15 such audits, inspections, and administrative reviews of
16 accounts, records, and operations with respect to school food
17 programs, as may be necessary to determine whether its
18 agreements with boards of school directors, and regulations made
19 pursuant to this section, are being complied with, and to insure
20 that school food programs are effectively administered.
21 (f) Studies, Appraisals and Reports to Governor. The
22 Department of Education is hereby authorized, to the extent that
23 funds are available for that purpose and in cooperation with
24 other appropriate agencies and organizations, to conduct studies
25 of methods of improving and expanding school food programs and
26 promoting nutritional education in the schools, to conduct
27 appraisals of the nutritive benefits of school food programs and
28 to report its findings and recommendations, from time to time,
29 to the Governor.
30 Section 2. This act shall take effect immediately.
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