R277-727. School Meals Program

R277.  Education, Administration.

R277-727.  School Meals Program.

R277-727-1.  Authority and Purpose.

          (1)  This rule is authorized by:

          (a)  Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

          (b)  Section 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

          (c)  Section 53E-3-510, which allows the Board to control how meals program revenue may be disbursed, transferred, or drawn upon.

          (2)  The purpose of this rule is to:

          (a)  define school meals programs; and

          (b)  outline how the school meals program revenue may be distributed.

R277-727-2.  Definitions.

          (1)  "Federal child nutrition laws" means the Richard B. Russell National School Lunch Act, 79 P.L. 396, 60 Stat. 230, and the Child Nutrition Act of 1966, 89 P.L. 642, 80 Stat. 885.

          (2)  "School meals program" means a program that meets the requirements in 7 CFR 210, 220, or 225.

R277-727-3.  School Meals Reimbursement.

          (1)  An LEA shall receive a state reimbursement for each meal served pursuant to a school meals program through a state reimbursement rate established by the Superintendent.

          (2)  The Superintendent shall determine the state reimbursement rate by considering:

          (a)  the previous year's state reimbursement rate;

          (b)  statewide participation rates in school meals programs;

          (c)  the amount of state liquor tax revenues collected pursuant to Subsection 32B-2-304(4); and

          (d)  additional considerations established by the Board.

          (3)  The Superintendent shall establish at least twice a year a flat rate per reimbursable meal served pursuant to a school meals program.

          (4)  The Superintendent may establish an additional reimbursement rate if there is incremental state liquor tax revenue collected compared to the total collected amount in fiscal year 2021.

          (5)  An LEA may receive an additional state reimbursement amount per reimbursable meal served if the LEA has established school meals programs enhancements including:

          (a)  increased meal quality;

          (b)  innovative meal access;

          (c)  locally purchased products; or

          (d)  improved meal presentation.

          (6)  The Superintendent shall establish:

          (a)  the qualifying criteria for an additional state reimbursement described in Subsection (4); and

          (b)  appropriate monitoring procedures in accordance with Federal child nutrition laws

          (7)  The Superintendent shall establish the additional state reimbursement rate by considering:

          (a)  the previous year's additional state reimbursement rate;

          (b)  participation rates of school meals programs for LEAs with school meals programs enhancements;

          (c)  the amount of incremental state liquor tax revenues collected to be set aside; and

          (d)  additional considerations established by the Board.

KEY:  school meals, child nutrition, reimbursement

Date of Enactment or Last Substantive Amendment:  June 24, 2021

Authorizing, and Implemented or Interpreted Law:  Art X Sec 3; 53E-3-401(4); 53E-3-510

Status of Rule

Effective June 24, 2021

Five-year review June 24, 2026

---

Oversight Framework

Uncategorized

---

Related Utah Law

Public Education Statutes
53E-3-510

Other Statutes
32B-2-304

USBE Administrative Rules
R277-100, Definitions for USBE Rules

---

Related Federal Law

The Child Nutrition Act and National School Lunch Act

---

Resources

None

---

Contact Information

Primary Contact:
Kimberly Loveland
kimberly.loveland@schools.utah.gov
Child Nutrition Program

Secondary Contact:
Michelle Martin
michelle.martin@schools.utah.gov
Child Nutrition Program

---

This page was last updated on November 25, 2024.

---

NOTE: The information on this webpage is provided as a service to users and the Utah State Board of Education is not responsible for any errors or omissions.

---