South Carolina S 147: Free School Meals

Status: Referred to Committee on Education (as of 2025-01-14)

State: South Carolina · Session: 2025-2026 · Bill: S 147

Sponsors: Devine, Graham

Bill Text

2025-2026 Bill 147 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 147

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
59-36-810 SO AS TO PROVIDE THAT ELIGIBLE SCHOOLS THAT PARTICIPATE IN THE SCHOOL 
BREAKFAST PROGRAM SHALL PROVIDE BREAKFAST AND LUNCH WITHOUT CHARGE TO ALL STUDENTS 
AND TO PROVIDE GUIDELINES; AND BY AMENDING SECTION 59-10-350, RELATING TO 
LENGTH OF LUNCH PERIOD AND FACTORS, SO AS TO REQUIRE SCHOOLS TO PROVIDE THIRTY 
MINUTE LUNCH PERIODS TO ALL STUDENTS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 36, Title 59 of the S.C. Code is amended by 
adding:

 Section 
59-36-810. (A) As used in this 
section:

 (1) 
"Eligible schools" means those schools that participate in the 
Community Eligibility Provision authorized under section 11(a)(1)(F) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1759(a)(1)(F)); and

 (2) 
"School Breakfast Program" means the program authorized under section 
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) and the National School 
Lunch Program authorized pursuant to the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.).

 (B) 
Schools that participate in the school breakfast program shall provide 
breakfast and lunch without charge to all enrolled students.

 (C) 
Eligible schools that offer school breakfast and school lunch to all students 
without charge shall receive additional funding in the general appropriations 
act to support their school meals operations.

 (D) 
Notwithstanding any other provision of law, schools may use the percentage of 
identified students under section 11(a)(1)(F) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) for eligibility of other 
federal programs.

 (E) 
The Department of Education shall reimburse eligible schools the difference 
between the federal free reimbursement rate established annually by the United 
States Department of Agriculture for school breakfast and for school lunch, and 
the federal reimbursement rate received for each school breakfast and school 
lunch served.

 (F) 
The Department of Education may promulgate regulations necessary for making 
reimbursements pursuant to this section.

 (G) 
Eligible schools participating in the School Breakfast Program shall seek to 
achieve the highest level of student participation in free meals and maximize 
federal reimbursement, which may include the following:

 (1) 
providing breakfast at locations within the school outside of the cafeteria;

 (2) 
making breakfast available to students in classrooms after the start of the 
school day; and

 (3) 
collaborating with the school's wellness community advisory council on planning 
school meals.

SECTION 2. Section 59-10-350 of the S.C. Code is amended to read:

 Section 
59-10-350. (A) Each elementary school shall 
provide students a minimum of twenty minutes to eat lunch once they have 
received their food. In determining the total length of the lunch period, 
time to and from the cafeteria, time to go through the line, and time to bus 
trays at the end of lunch must be considered.Each 
school shall provide lunch periods that are at least thirty minutes in 
duration, and no less than twenty minutes of that should be dedicated for 
students to be seated and consume their lunch. The twenty minutes of seated 
time shall be separate from the time required for students to navigate from the 
classroom to the lunchroom, stand in line to receive the lunch meal, get 
potable water if wanted, clean up after themselves, and return to the classroom 
after lunch has been consumed.

 (B) Each school shall schedule lunch 
periods for all students between 11:00 a.m. and 2:00 p.m. Exemptions may apply 
for shortened days, provided, however that schools shall make every effort to 
provide meals on shortened days if feasible.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 11, 2024 at 04:43 PM

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