Kansas Statutes

Chapter 72: Schools

Article 51: Food Service Programs

Statutes:

• 72-5101:
• 72-5102:
• 72-5103:
• 72-5104, 72-5105:
• 72-5106 to 72-5111:
• 72-5112: Food service programs; definitions.
• 72-5113: Same; acceptance of benefits of federal acts; administration and supervision of programs; state plan.
• 72-5114: State and federal funds; allocation and distribution; where deposited; payments.
• 72-5115: Agreements with federal agencies and local boards authorized; rules and regulations.
• 72-5116: Establishment and operation of programs; assistance; donations.
• 72-5117: Reimbursements from general fund; apportionment; prohibiting purchase of identifiable imported meats.
• 72-5118: Determination of amounts; reports; payments.
• 72-5119: Food service fund established; sources; expenses; unlawful transfers; nonpublic schools, fund accounting.
• 72-5120: Appointments of authorized representatives; responsibilities.
• 72-5121: Rules and regulations of state board; preservation of records; audits and inspections.
• 72-5122: Studies; appraisals.
• 72-5123: State and federal funds for establishment, maintenance, expansion; rules and regulations; especially needy schools.
• 72-5124: Child-care institution defined; program authorization; applicability of act; exceptions.
• 72-5125: School breakfast programs.
• 72-5126: Food service contracts authorized.
• 72-5127: Same; conditions and limitations.
• 72-5128: Nutrition and health education guidelines; adoption by state board.

• 72-5101:

        History:   R.S. 1923, 72-5101; L. 1943, ch. 248, § 41; L. 1945, ch. 282, § 68; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-5102:

        History:   L. 1913, ch. 271, § 2; R.S. 1923, 72-5102; Repealed, L. 1943, ch. 248, § 42; June 30.

• 72-5103:

        History:   L. 1913, ch. 271, § 3; L. 1915, ch. 300, § 1; L. 1921, ch. 234, § 1; R.S. 1923, 72-5103; Repealed, L. 1943, ch. 248, § 42; June 30.

• 72-5104, 72-5105:

        History:   L. 1913, ch. 271, §§ 4, 5; R.S. 1923, 72-5104, 72-5105; Repealed, L. 1943, ch. 248, § 42; June 30.

• 72-5106 to 72-5111:

        History:   L. 1947, ch. 390, §§ 1 to 6; L. 1969, ch. 310, §§ 26 to 31; Repealed, L. 1973, ch. 284, § 14; July 1.

• 72-5112: Food service programs; definitions. As used in this act, unless the context otherwise requires:

        (a)   "Board" means the board of education of a school district and the governing authority of any nonpublic school offering any of grades kindergarten to 12 in approved schools.

        (b)   "State board" means the state board of education.

        (c)   "Approved school" means any school approved by the state board for the purposes of this act, whether the approval applies to a single school, to all of the schools of a school district or to one or more nonpublic schools.

        (d)   "Food service programs" means the programs included in the state plan of child nutrition operations under which federal funds and commodities are received pursuant to federal acts relating to child nutrition including the national school lunch act, as amended, and the child nutrition act of 1966, as amended.

        (e)   "School lunch program" means a food service program under which meals are served by any board on a nonprofit basis to children in attendance, and for which such board receives assistance out of funds appropriated by the congress of the United States.

        (f)   "School year" means the period from July 1 to June 30.

        History:   L. 1973, ch. 284, § 1; July 1.

• 72-5113: Same; acceptance of benefits of federal acts; administration and supervision of programs; state plan. The state of Kansas does hereby accept the provisions and benefits of federal acts relating to food service programs. The state board is hereby designated as the agency for administration of food service programs and for supervision of the administration of food service programs by boards. The state board is authorized to prepare, from time to time amend, and administer the state plan of child nutrition operations as provided in such federal acts.

        History:   L. 1973, ch. 284, § 2; July 1.

• 72-5114: State and federal funds; allocation and distribution; where deposited; payments. The state board shall be responsible for the allocation and distribution of state and federal funds for food service programs in accordance with this act and with the state plan. Such moneys shall be expended only in accordance with and for the purposes specified in federal or state law or the state plan. Federal funds for food service programs shall be deposited in the state treasury. Payments under this act may be made in installments and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. The state board shall approve vouchers for disbursements from moneys in the state treasury for food service programs, and the director of accounts and reports shall draw warrants thereon in accordance with law.

        History:   L. 1973, ch. 284, § 3; July 1.

• 72-5115: Agreements with federal agencies and local boards authorized; rules and regulations. The state board shall enter into agreements with the United States department of agriculture and other agencies of the federal government for the purpose of participation in food service programs including programs provided for by the national school lunch act, as amended, and the child nutrition act of 1966, as amended. Any such agreement may contain provisions required or authorized by federal law, so long as the same are not in conflict with the provisions of this act. The state board may enter into agreements with any board for the establishment and operation of food service programs. The state board may adopt rules and regulations for the administration of this act and for the distribution of federal and state funds for food service programs, so long as the same are not inconsistent with the provisions of this act.

        History:   L. 1973, ch. 284, § 4; July 1.

• 72-5116: Establishment and operation of programs; assistance; donations. The state board may provide for the state department of education to give technical advice and assistance to any board in connection with the establishment and operation of any food service program and may assist in training personnel therefor. The state board or any board may accept donations for use in connection with any food service program.

        History:   L. 1973, ch. 284, § 5; July 1.

• 72-5117: Reimbursements from general fund; apportionment; prohibiting purchase of identifiable imported meats. (a) Each board shall be entitled to receive, from appropriations from the state general fund, six cents (6[) for each type-A meal served under an approved school lunch program during each school year commencing with the 1978-79 school year. For the purpose of this section every type-A lunch served shall be counted equally. If the total amount of entitlements of all boards in any school year is more than the amount appropriated for payment thereof, then the entire amount appropriated therefor shall be prorated among all boards in proportion to the amount each board is entitled to receive under this act.

        (b)   Moneys received by a board from appropriations from the state general fund under the provisions of this section shall not be used for the purchase of identifiable imported meats. "Identifiable imported meats" shall mean meats which are labeled as being imported.

        History:   L. 1973, ch. 284, § 6; L. 1975, ch. 369, § 1; L. 1978, ch. 289, § 1; L. 1979, ch. 224, § 1; April 14.

• 72-5118: Determination of amounts; reports; payments. Each board shall report information necessary for determination of entitlements under K.S.A. 72-5117 to the state board monthly upon forms provided by it. Seventy-five percent (75%) of the apparent entitlement of each board for each month shall be paid upon proper application therefor by each board. All balances of entitlements under K.S.A. 72-5117 for the school year shall be paid to boards before June 30 and as soon as the state board deems practicable. The state board shall approve vouchers for payments under this section, and the director of accounts and reports shall issue his warrants thereon payable to the appropriate boards.

        History:   L. 1973, ch. 284, § 7; July 1.

• 72-5119: Food service fund established; sources; expenses; unlawful transfers; nonpublic schools, fund accounting. There is hereby established in every school district a fund which shall be called the "food service fund," which fund shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by the school district for food service and from charges for food service shall be credited to the food service fund. The expenses of a school district attributable to food service shall be paid from the food service fund. No moneys in the food service fund shall be transferred to any other fund of the district. Nonpublic schools shall maintain fund accounting of programs supported under this act.

        History:   L. 1973, ch. 284, § 8; July 1.

• 72-5120: Appointments of authorized representatives; responsibilities. In accordance with the provisions of this act, each board having a food service program shall appoint an authorized representative who shall be responsible for the operation and management of the food service program.

        History:   L. 1973, ch. 284, § 9; July 1.

• 72-5121: Rules and regulations of state board; preservation of records; audits and inspections. The state board shall adopt rules and regulations for the keeping of records and the making of reports on programs under this act. Such records shall at all times be available for inspection and audit by authorized officials and shall be preserved for a period of five (5) years. The state board shall conduct or cause to be conducted such audits, inspections, and administrative reviews of records and operations with respect to food service programs as may be necessary to determine whether its agreements with boards, the state law and rules and regulations are being complied with, and to insure that food service programs are effectively administered.

        History:   L. 1973, ch. 284, § 10; July 1.

• 72-5122: Studies; appraisals. The state board may in cooperation with other appropriate agencies and organizations conduct studies of methods of improving and expanding food service programs and promoting nutritional education in the schools and may conduct appraisals of the nutritive benefits of food service programs.

        History:   L. 1973, ch. 284, § 11; July 1.

• 72-5123: State and federal funds for establishment, maintenance, expansion; rules and regulations; especially needy schools. (a) The state board may, to the extent that funds are available therefor, allocate and distribute state and federal funds to any board, for the purpose of assisting in the establishment, maintenance and expansion of food service programs in schools, giving priority to especially needy schools.

        (b)   The state board may adopt rules and regulations for the allocation and distribution of state and federal funds under this section so long as the same are not inconsistent with the state plan of child nutrition operations or with the provisions of this act.

        (c)   The state board may adopt rules and regulations for determining especially needy schools.

        History:   L. 1973, ch. 284, § 12; July 1.

• 72-5124: Child-care institution defined; program authorization; applicability of act; exceptions. (a) As used in this section "child-care institution" means any nonprofit nursery school, child-care center, settlement house, summer camp or similar nonprofit institution devoted to the care and training of children if the same has been approved by the state board for the purposes of this section.

        (b)   Any board may establish and operate a food service program for children in attendance at a child-care institution. The governing authority of any child-care institution may establish and operate a food service program for children in attendance in such child-care institution.

        (c)   The provisions of this act, except K.S.A. 72-5117 and 72-5118, shall apply to any program operated under this section by a board. The provisions of this act, except K.S.A. 72-5117 and 72-5118, shall apply to any program operated under this section by the governing authority of a child-care institution and such provisions (except K.S.A. 72-5117 and 72-5118) shall also apply to such governing authority to the extent that the same may be made applicable.

        History:   L. 1973, ch. 284, § 13; July 1.

• 72-5125: School breakfast programs. (a) As used in this section, the term "school breakfast program" means a food service program under which breakfasts are made available by a board of education on a nonprofit basis to pupils in attendance at school, and for which such board receives assistance from funds appropriated by the congress of the United States; and the term "food service program" has the meaning ascribed thereto in K.S.A. 72-5112, and amendments thereto.

        (b)   The board of education of each school district may enter into an agreement with the state board of education for the establishment and maintenance of a school breakfast program under which breakfasts are made available to pupils in attendance at school. Such breakfasts may be made available in any one or more school buildings operated or used for pupil attendance purposes by the board of education. The provisions of this subsection shall expire on June 30, 1993.

        (c)   On or before July 1, 1993, the board of education of each school district shall enter into an agreement with the state board of education for the establishment and maintenance of a school breakfast program under which breakfasts are made available to pupils in attendance at school. Subject to the provisions of subsection (d), such breakfasts shall be made available in each school building operated or used for pupil attendance purposes by the board of education.

        (d)   The state board of education may waive the requirement that breakfasts be made available in each school building operated or used for pupil attendance purposes, subject to the following:

        (1)   No waiver shall be granted which releases a board of education from the requirement that breakfasts be made available in a school building in which 35% or more of the pupils in attendance at school in such building during the month of March of the preceding school year were pupils who were eligible for free or reduced price meals under the national school lunch act.

        (2)   A waiver releasing a board of education from the requirement that breakfasts be made available in a school building, other than a school building designated in provision (1), may be granted by the state board of education upon application for such waiver by the board. The application shall include the reason or reasons for which the waiver is being requested. The state board shall evaluate the application for waiver, determine the validity of the reason or reasons for which the waiver is being requested, and grant or deny the application for waiver. The state board shall establish criteria for determination of the validity of reasons for waiver of the requirement that breakfasts be made available in each school building operated or used for pupil attendance purposes.

        (e)   The provisions of subsections (c) and (d) shall expire upon failure of the congress of the United States to reauthorize funding for the school breakfast program.

        History:   L. 1992, ch. 181, § 1; July 1.

• 72-5126: Food service contracts authorized. (a) The board of education of any school district may enter into contracts with:

        (1)   The governing authority of any nonpublic school or any child-care institution for the provision of meals for children in attendance at such nonpublic school or child-care institution;

        (2)   the governing body of any municipality for the provision of meals to persons for whom the municipality is responsible for providing meals;

        (3)   subject to the provisions of K.S.A. 72-5127, and amendments thereto, any state educational institution or corporation whose operations are substantially controlled by a state educational institution for the provision of meals for students, alumni and other members of the public in attendance at functions or activities of the state educational institution; and

        (4)   any nonprofit organization for the provision of food services for the elderly, sick, homeless or other vulnerable persons.

        (b)   Any contract entered into by a board of education pursuant to the provisions of this section shall provide for payment to the district. Such payment shall not be less than the cost incurred by the school district. Moneys received by a school district under any such contract shall be deposited in the food service fund of the district and may be expended whether budgeted or not.

        (c)   The provisions contained in article 51 of chapter 72 of Kansas Statutes Annotated, except the provisions contained in K.S.A. 72-5117 and 72-5118, and amendments thereto, shall apply to meals provided by the board of education of a school district under any contract entered into pursuant to the provisions of this section.

        (d)   As used in this section:

        (1)   "Nonpublic school" means a nonpublic school approved by the state board of education for participation in food service programs defined in K.S.A. 72-5112, and amendments thereto;

        (2)   "child-care institution" has the meaning ascribed thereto in K.S.A. 72-5124, and amendments thereto;

        (3)   "municipality" means any political or taxing subdivision of the state and any agency, authority, institution or instrumentality of a municipality; and

        (4)   "state educational institution" has the meaning ascribed thereto by K.S.A. 76-711, and amendments thereto.

        History:   L. 1996, ch. 269, § 1; L. 1998, ch. 166, § 3; L. 1999, ch. 150, § 1; L. 2003, ch. 53, § 1; July 1.

• 72-5127: Same; conditions and limitations. No contract for the provision of meals pursuant to subsection (a)(3) of K.S.A. 72-5126, and amendments thereto, may be entered into by the board of education of a school district and a state educational institution or corporation whose operations are substantially controlled by the state educational institution unless such institution or corporation shall have advertised for bids on such contract. A state educational institution or corporation may enter into a contract with a school district only if fewer than two bids are received from private entities on such contract.

        History:   L. 1999, ch. 150, § 2; July 1.

• 72-5128: Nutrition and health education guidelines; adoption by state board. (a) The state board of education shall develop nutrition guidelines for all foods and beverages made available to students in Kansas public schools during the school day. In developing such guidelines, the state board of education shall consult with other state agencies, private foundations and other private entities. In developing such guidelines, particular attention shall be given to providing healthful foods and beverages, physical activities and wellness education with the goals of preventing and reducing childhood obesity.

        (b)   When establishing the wellness policy of the school district, the board of education of each district shall take into consideration the guidelines developed by the state board under subsection (a).

        History:   L. 2005, ch. 96, § 1; July 1.