Sec. 12.0029.  SUMMER NUTRITION PROGRAMS.  (a)  In this section:
(1)  "Field office" means a field office of a nutrition program administered by the department.
(2)  "Summer nutrition program" means the summer food service program under 42 U.S.C. Section 1761.  The term includes the seamless summer option under 42 U.S.C. Section 1761(a)(8).
(b)  Unless the department grants a school district a waiver under Subsection (f), a district in which 50 percent or more of the students are eligible to participate in the national free or reduced-price lunch program under 42 U.S.C. Section 1751 et seq. shall provide or arrange for the provision of a summer nutrition program for at least 30 days during the period in which district schools are recessed for the summer.
(c)  Not later than October 31 of each year, the department shall notify each school district described by Subsection (b) of the district's responsibility concerning provision of a summer nutrition program during the next period in which school is recessed for the summer.
(d)  Not later than November 30 of each year, the board of trustees of a school district that intends to request a waiver under Subsection (e)(2) must send written notice of the district's intention to the district's local school health advisory council.  The notice must include an explanation of the district's reason for requesting a waiver of the requirement.
(e)  Each school district that receives a notice under Subsection (c) shall, not later than January 31 of the year following the year in which the notice was received:
(1)  inform the department in writing that the district intends to provide or arrange for the provision of a summer nutrition program during the next period in which district schools are recessed for the summer; or
(2)  request in writing that the department grant the district a waiver of the requirement to provide or arrange for the provision of a summer nutrition program.
(f)  The department may grant a school district a waiver of the requirement to provide or arrange for the provision of a summer nutrition program only if:
(1)  the district:
(A)  provides documentation, verified by the department, showing that:
(i)  there are fewer than 100 children in the district currently eligible for the national free or reduced-price lunch program;
(ii)  transportation to enable district students to participate in the program is an insurmountable obstacle to the district's ability to provide or arrange for the provision of the program despite consultation by the district with public transit providers;
(iii)  the district is unable to provide or arrange for the provision of a program due to renovation or construction of district facilities and the unavailability of an appropriate alternate provider or site; or
(iv)  the district is unable to provide or arrange for the provision of a program due to another specified extenuating circumstance and the unavailability of an appropriate alternate provider or site; and
(B)  has worked with the field offices to identify another possible provider for the program in the district; or
(2)  the cost to the district to provide or arrange for provision of a program would be cost-prohibitive, as determined by the department using the criteria and methodology established under Subsection (g).
(g)  The department by rule shall establish criteria and a methodology for determining whether the cost to a school district to provide or arrange for provision of a summer nutrition program would be cost-prohibitive for purposes of granting a waiver under Subsection (f)(2).
(h)  A waiver granted under Subsection (f) is for a one-year period.
(i)  If a school district has requested a waiver under Subsection (e)(2) and has been unable to provide to the department a list of possible providers for the summer nutrition program, the field offices shall continue to attempt to identify an alternate provider for the district's summer nutrition program.
(j)  Not later than December 31 of each even-numbered year, the department shall provide to the legislature by e-mail a report that, for each year of the biennium:
(1)  states the name of each school district that receives a notice under Subsection (c) and indicates whether the district:
(A)  has provided or arranged for the provision of a summer nutrition program; or
(B)  has not provided or arranged for the provision of a program and did not receive a waiver;
(2)  identifies the funds, other than federal funds, used by school districts and the state in complying with this section; and
(3)  identifies the total amount of any profit made or loss incurred through summer nutrition programs under this section.
(k)  The department shall post and maintain on the department's Internet website the most recent report required by Subsection (j).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1052 (S.B. 89), Sec. 1, eff. September 1, 2011.