PRINTER'S NO. 1851

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1621 Session of 1993


        INTRODUCED BY COWELL, ITKIN, BATTISTO, HALUSKA, DALEY, ROBINSON,
           GEORGE, STISH, COLAIZZO, MELIO, BLAUM, STURLA, CAPPABIANCA,
           BELFANTI, KUKOVICH, FREEMAN, GIGLIOTTI, LEVDANSKY, McCALL,
           MIHALICH, PISTELLA, TRELLO, MICHLOVIC, COY, LAUGHLIN,
           STEELMAN, JOSEPHS, DeLUCA, PRESTON, HUGHES, ROONEY, MURPHY,
           PETRONE AND McNALLY, MAY 24, 1993

        REFERRED TO COMMITTEE ON EDUCATION, MAY 24, 1993

                                     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," providing for a nonprofit school
     6     breakfast program.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  The act of March 10, 1949 (P.L.30, No.14), known
    10  as the Public School Code of 1949, is amended by adding a
    11  section to read:
    12     Section 1337.1.  Nonprofit School Breakfast Program.--(a)
    13  For the 1993-1994 school year and each year thereafter, each
    14  school district in this Commonwealth shall make the benefits of
    15  the national school breakfast program provided by the Child
    16  Nutrition Act of 1966 (Public Law 89-642, 42 U.S.C. § 1771 et
    17  seq.) available to all students at all grade levels.
    18     (b)  An individual school may apply to the Department of

     1  Education for a one-time waiver from the requirements of
     2  subsection (a). The Secretary of Education shall give notice and
     3  an opportunity to be heard to the parents and the school. The
     4  Secretary of Education shall not grant a waiver unless the
     5  school demonstrates special circumstances that would prevent
     6  implementation of a school breakfast program.
     7     (c)  The requirements of subsection (a) shall not apply when
     8  Federal financial appropriations for school breakfast programs
     9  are terminated. Nothing in this section shall prohibit a school
    10  district from initiating or continuing school breakfast programs
    11  at its own expense.
    12     (d)  As used in this section, the term "school breakfast
    13  program" means a program under which breakfast food is served by
    14  a school on a nonprofit basis to children in attendance,
    15  including any such program under which a school receives
    16  assistance out of funds appropriated by the Congress of the
    17  United States.
    18     Section 2.  On or before October 15 of each year, the
    19  Department of Education shall submit a report on the previous
    20  school year's school breakfast program to the General Assembly.
    21  The report shall include the department's findings and
    22  recommendations.
    23     Section 3.  The provisions of this act shall be implemented
    24  within six months of the effective date of this act.
    25     Section 4.  This act shall take effect immediately.




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