Changes to Existing Law

26.219.15 26.219.16 101st Legislative Session 1082 2026 South Dakota Legislature House Bill 1082 HOUSE APPROPRIATIONS ENGROSSED Introduced by: Representative Wittman Underscores indicate new language. Overstrikes indicate deleted language. An Act to establish parameters for the reimbursement of school districts that 1 provide free or reduced-price meals to students. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 13-35-2 be AMENDED: 4 13-35-2. Pupils and employed personnel of the school district or other agencies 5 contracting with the Department of Education, who are fed through a school food services 6 program may be charged for meals. 7 The board of a school district may impose a charge for any meal provided through 8 the school district's food services program to: 9 (1) Any student other than a student who is eligible for free or reduced-price meals 10 through the National School Lunch Program, 42 U.S.C. § 1751, et seq. (January 1, 11 2026), or the School Breakfast Program, 42 U.S.C. § 1773 (January 1, 2026); 12 (2) An employee of the school district; or 13 (3) Any other individual, not otherwise exempted in accordance with section 2 of this 14 Act. 15 Section 2. That a NEW SECTION be added to chapter 13-35: 16 If a student is eligible for reduced-price meals through the National School Lunch 8 17 Program, 42 U.S.C. § 1751, et seq. (January 1, 2026), or the School Breakfast Program, 9 18 42 U.S.C. § 1773 (January 1, 2026), the board of a school district may not impose a 10 19 charge upon the student for any meals served by the district through the National School Lunch Program 11 or the School Breakfast program, provided by the school district's food services program. 12 The board of a school district may impose a charge for any meal provided through 13 the school district's food services program to: 14 (1) Any student other than a student who is eligible for free or reduced-price meals 15 through the National School 20 Lunch Program or the School Breakfast Program; 16 Program. 21 Section 3. That a NEW SECTION be added to chapter 13-35: 22 On or before June thirtieth of each year, the department shall, based on 23 information forwarded by each school district, calculate the amount to be reimbursed by 24 26.219.16 2 1082 Underscores indicate new language. Overstrikes indicate deleted language. the department for the cost of meals served to students who may not be charged, 1 pursuant to section 2 of this Act. The department shall: 2 (1) Subtract the amount to be reimbursed to the district for each meal served to a 3 student eligible for reduced-price meals through the National School Lunch 4 Program, 42 U.S.C. § 1751, et seq. (January 1, 2026), or the School Breakfast 5 Program, 42 U.S.C. § 1773 (January 1, 2026), from the amount reimbursed to the 6 district for a meal served to a student eligible for free meals through either 7 program; and 8 (2) An employee Multiply the difference of subdivision (1) by the school district; or 17 (3) Any other individual, number of meals served to students 9 who may not otherwise exempted in accordance with be charged, pursuant to section 2 of this section. 18 Act. 10 The Department of Education shall, with moneys appropriated in the general 19 11 appropriation bill, reimburse each school district for costs incurred by the district in 20 providing meals to students who are eligible for reduced-price meals in accordance with 21 this section, less any amount reimbursed through the National School Lunch Program or 22 the School Breakfast Program. 23 section. 12

26.219.16 26.219.17 101st Legislative Session 1082 2026 South Dakota Legislature House Bill 1082 HOUSE APPROPRIATIONS ENGROSSED Introduced by: Representative Wittman Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to establish parameters for the reimbursement of school districts that 1 provide free or reduced-price meals to students. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 13-35-2 be AMENDED: 4 13-35-2. Pupils and employed personnel of the school district or other agencies 5 contracting with the Department of Education, who are fed through a school food services 6 program may be charged for meals. 7 The board of a school district may impose a charge for any meal provided through 8 the school district's food services program to: 9 (1) Any student other than a student who is eligible for free or reduced-price meals 10 through the National School Lunch Program, 42 U.S.C. § 1751, et seq. (January 1, 11 2026), or the School Breakfast Program, 42 U.S.C. § 1773 (January 1, 2026); 12 (2) An employee of the school district; or 13 (3) Any other individual, not otherwise exempted in accordance with section 2 of this 14 Act. 15 Section 2. That a NEW SECTION be added to chapter 13-35: 16 If a student is eligible for reduced-price meals through the National School Lunch 17 Program, 42 U.S.C. § 1751, et seq. (January 1, 2026), or the School Breakfast Program, 18 42 U.S.C. § 1773 (January 1, 2026); (2) An employee of the school district; or (3) Any other individual, not otherwise exempted in accordance with section 2 of this Act. Section 2. That a NEW SECTION be added to chapter 13-35: If a student is eligible for reduced-price meals through the National School Lunch Program, 42 U.S.C. § 1751, et seq. (January 1, 2026), or the School Breakfast Program, 42 U.S.C. § 1773 (January 1, 2026), the board of a school district may not impose a 19 charge upon the student for any meals served by the district through the National School 20 Lunch Program or the School Breakfast Program. 21 Section 3. That a NEW SECTION be added to chapter 13-35: 22 On or before June thirtieth of each year, the department shall, based on 23 information forwarded by each school district, calculate the amount to be reimbursed by 24 26.219.16 2 1082 Underscores indicate new language. Overstrikes indicate deleted language. the department for the cost of meals served to students who may not be charged, 1 pursuant to section 2 of this Act. The department shall: 26.219.17 2 1082 HB1082 ENROLLED (1) Subtract the amount to be reimbursed to the district for each meal served to a 3 student eligible for reduced-price meals through the National School Lunch 4 Program, 42 U.S.C. § 1751, et seq. (January 1, 2026), or the School Breakfast 5 Program, 42 U.S.C. § 1773 (January 1, 2026), from the amount reimbursed to the 6 district for a meal served to a student eligible for free meals through either 7 program; and 8 (2) Multiply the difference of subdivision (1) by the number of meals served to students 9 who may not be charged, pursuant to section 2 of this Act. 10 The Department of Education shall, with moneys appropriated in the general 11 appropriation bill, reimburse each school district in accordance with this section. 12 26.219.17 3 1082 HB1082 ENROLLED An Act to establish parameters for the reimbursement of school districts that provide free or reduced-price meals to students. I certify that the attached Act originated in the: House as Bill No. 1082 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1082 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State