1.This Act may be cited as the
Student Breakfast and Education
Improvement Act of 2009
.
2.
(a)Congress finds that—
(1)approximately 60
percent of students in the United States are eligible to receive free or
reduced-price school lunches under the school lunch program established under
the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.);
(2)in fiscal year
2008, 8,520,000 students in the United States consumed free or reduced-price
school breakfasts provided under the school breakfast program established by
section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773);
(3)as of the date of
enactment of this Act, approximately 83 percent of all public schools in the
United States provide 9,500,000 school breakfasts each year under the program
established by section 4 of that Act (42 U.S.C. 1773) to at least 130,000
students;
(4)less than ½ of the
low-income students who participate in the school lunch program also
participate in the school breakfast program;
(5)many students who
are eligible for reduced-price breakfasts and lunches can afford only 1 of
those meals per day;
(6)almost 17,000
schools that participate in the school lunch program do not participate in the
school breakfast program;
(7)as of August 2008,
over 13,000,000 children, or 18 percent of all children, in the United States
were living in poverty, and, in 2007, and 11 percent of households in the
United States were food insecure;
(8)missing breakfast
and the resulting hunger has been shown to lower the ability of children to
learn and hinder academic performance;
(9)provision 2 as
established under subsections (b) through (k) of section 245.9 of title 7, Code
of Federal Regulations (or successor regulations), reduces application and
administrative burdens for schools that provide universal free meals;
(10)schools electing
to implement school breakfast programs face significant hurdles, such as
start-up costs and lack of participation, that require various additional
resources for the best solution;
(11)school districts
that are participating in the provision 2 option described in paragraph (9)
have found that the school districts can often provide universal free breakfast
in schools with as little as 60 to 75 percent of students who are eligible for
free and reduced-price school meals due to the savings realized from reduced
administrative costs and improved economies of scale;
(12)studies suggest
that eating breakfast closer to class and test-taking time improves student
performance on standardized tests relative to students who skip breakfast or
have breakfast at home;
(13)studies show that
children experiencing hunger are more likely to be hyperactive, absent, tardy,
or have behavioral or attention problems;
(14)students who eat
a complete breakfast have been shown to make fewer mistakes and work faster in
math exercises than those who eat a partial breakfast;
(15)eating school
breakfast has been shown to improve math grades, attendance, and
punctuality;
(16)providing
breakfast in the classroom has been shown in several instances to improve
attentiveness and academic performance, while reducing tardiness and
disciplinary referrals;
(17)providing
universal free breakfast, especially in the classroom, has been shown to
significantly increase school breakfast participation rates and decrease
absences and tardiness;
(18)studies suggest
that children who eat breakfast have more adequate nutrition and intake of
nutrients, such as calcium, fiber, protein, and vitamins A, E, D, and
B6;
(19)studies suggest
that some students who participate in the school breakfast program or other
nutrition programs have a lower body mass index and risk of being overweight;
and
(20)use of local
produce—
(A)reduces dependence
on foreign oil by reducing fuel consumption rates associated with the
production or transportation of fruits and vegetables; and
(B)can help to
improve the ability of individuals using the procurement system to provide
education on nutrition, farming, sustainability, energy efficiency, and the
importance of local purchases to the local economy.
(b)The
purpose of this Act is to improve student learning and the classroom
environment through expanded and improved school breakfast programs,
particularly universal programs provided during the school day.
3.Grants for
expansion of school breakfast programs to improve health and education of
childrenThe Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.) is amended by adding at the end the
following:
23.Grants for
expansion of school breakfast programs to improve health and education of
children
(a)Definition of
qualifying schoolIn this section, the term qualifying
school means a school providing elementary or secondary education at
least 65 percent of the students of which are eligible for free or
reduced-price school lunches under the school lunch program established under
the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.).
(b)The
Secretary shall establish a program under which the Secretary shall provide
grants, on a competitive basis, to local educational agencies or State
educational agencies for use in accordance with this section.
(c)Grants to local
educational agencies or State educational agenciesThe amount of
grants provided by the Secretary to local educational agencies or State
educational agencies for a fiscal year under this section shall not exceed the
lesser of—
(1)the product
obtained by multiplying—
(A)the number of
qualifying schools receiving subgrants or other benefits under subsection (d)
for the fiscal year; and
(B)the maximum amount
of a subgrant provided to a qualifying school under subsection (d)(3)(B);
or
(2)$2,000,000.
(d)Subgrants to
qualifying schools
(1)A local educational agency or State educational agency
receiving a grant under this section shall use funds made available under the
grant to award subgrants to individual or groups of qualifying schools to carry
out activities in accordance with this section.
(2)State and
district supportA local educational agency or State educational
agency may allocate a portion of each subgrant to support State or local
educational agency activities in support of qualified schools for which it is
more efficient or appropriate to support the activities in a centralized
manner.
(3)
(A)Except as otherwise provided in this paragraph, a
subgrant provided by a local educational agency or State educational agency to
a qualifying school under this section shall be in such amount, and shall be
provided for such term, as the local educational agency or State educational
agency, respectively, determines appropriate.
(B)The amount of a subgrant provided by a local educational
agency or State educational agency to a qualifying school under this subsection
shall not exceed—
(i)$50,000 for a
single fiscal year; or
(ii)$100,000 for all
fiscal years.
(C)A local educational agency or State educational agency shall
not provide subgrants to a qualifying school under this subsection for more
than 5 fiscal years.
(e)In
providing grants and subgrants under this section, the Secretary, a local
educational agency, and a State educational agency shall give priority to
qualifying schools—
(1)in which 75
percent or more of the students of which are eligible for free or reduced-price
school lunches under the school lunch program established under the Richard B.
Russell National School Lunch Act (42
U.S.C. 1751 et seq.); and
(2)that
demonstrate—
(A)an intent to use
the grants or subgrants to establish or support connections between the
qualifying schools and local agricultural producers and food providers;
(B)that the
qualifying schools have established, or intend to establish, a universal free
breakfast program; or
(C)that the
qualifying schools have considered, or intend to establish, service methods
that make breakfast a part of the school day.
(f)Prior to awarding grants under this section, the
Secretary shall make available to State educational agencies information
regarding the most effective mechanisms by which to increase school breakfast
participation among eligible children at qualifying schools.
(g)
(1)To be eligible to receive a grant under this section, a
local educational agency or State educational agency shall submit to the
Secretary an application at such time, in such manner, and containing such
information as the Secretary may require.
(2)In
carrying out this section, the Secretary shall—
(A)develop an
appropriate application process; and
(B)advertise the
availability of funds under this section to qualified schools, local
educational agencies, and State educational agencies.
(h)
(1)A qualifying school may use a grant provided under this
section—
(A)to establish,
promote, or expand a school breakfast program of the qualifying school under
this section, which shall include a nutritional education component;
(B)to increase the
quantity of local or fresh food available under the school breakfast program of
the qualifying school under this section;
(C)to provide
nutritional education materials to students;
(D)to extend the
period during which school breakfast is available at the qualifying
school;
(E)to provide school
breakfast to students of the qualifying school during the school day;
(F)to increase
participation in the school breakfast program, including through a universal
free breakfast program;
(G)to compensate for
receipts no longer collected from reduced and paid breakfasts when operating a
universal free breakfast program;
(H)to provide to
students first-hand knowledge of food systems, including through—
(i)occasional
activities, such as inviting agricultural producers to speak at the qualifying
school or offering student field trips to local agricultural projects;
(ii)integrating food
system information into the curriculum (including mathematics and science
classes) of the qualifying school; or
(iii)collaborating
with nutrition experts, food banks, nonprofit organizations, and local farms to
develop and integrate relevant service-learning opportunities into classroom
instruction; or
(I)to collaborate
with local institutions of higher education or other research entities
(including hunger advocacy entities)—
(i)to
compile data and reports relating to the school breakfast program of the
qualifying school; and
(ii)to submit the
data and reports to the Secretary.
(2)Each
activity of a qualifying school under this subsection shall be carried out in
accordance with applicable nutritional guidelines and regulations issued by the
Secretary.
(i)Grants made available under this section shall not
diminish or otherwise affect the expenditure of funds from State and local
sources for the maintenance of the school breakfast program.
(j)
(1)The Secretary, in consultation with local educational
agencies, State educational agencies, and qualifying schools that receive
grants and subgrants under this section, shall submit to Congress an annual
report describing the impact of the school breakfast programs of the qualifying
schools on and classroom performance and environment.
(2)The Secretary shall provide guidance and minimum
standards for data collection to grant recipients and any collaborating local
institutions of higher education or research entities as necessary to ensure
that annual reports under this section are able to provide an adequate
qualitative and quantitative evaluation of the grant impacts.
(k)Not
later than 180 days before the end of a grant term under this section, a local
educational agency or State educational agency that receives a grant under this
section shall—
(1)evaluate whether
electing to provide universal free breakfasts under the school breakfast
program in accordance with provision 2 as established under subsections (b)
through (k) of section 245.9 of title 7, Code of Federal Regulations (or
successor regulations), would be cost-effective for the qualified schools based
on estimated administrative savings and economies of scale; and
(2)submit the results
of the evaluation to the Secretary.
(l)Authorization of
appropriationsThere are authorized to be appropriated to carry
out this section such sums as are necessary for each of fiscal years 2010
through
2014.
.