HB 1082

26.219.17  101st Legislative Session  1082
                                    2026 South Dakota Legislature
                                             House Bill 1082
                                                   ENROLLED
                                             AN ACT
ENTITLED An Act to establish parameters for the reimbursement of school districts
         that provide free or reduced-price meals to students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-35-2 be AMENDED:
            13-35-2. The board of a school district may impose a charge for any meal provided
   through the school district's food services program to:
   (1)      Any student other than a student who is eligible for free or 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);
   (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
   charge upon the student for any meals served by the district through the National School
   Lunch Program or the School Breakfast Program.
Section 3. That a NEW SECTION be added to chapter 13-35:
            On or before June thirtieth of each year, the department shall, based on
   information forwarded by each school district, calculate the amount to be reimbursed by
   the department for the cost of meals served to students who may not be charged,
   pursuant to section 2 of this Act. The department shall:
26.219.17  2  1082
   (1)      Subtract the amount to be reimbursed to the district for each meal served to a
            student 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), from the amount reimbursed to the
            district for a meal served to a student eligible for free meals through either
            program; and
   (2)      Multiply the difference of subdivision (1) by the number of meals served to students
            who may not be charged, pursuant to section 2 of this Act.
            The Department of Education shall, with moneys appropriated in the general
   appropriation bill, reimburse each school district in accordance with this section.
HB1082 ENROLLED
26.219.17  3  1082
An Act to establish parameters for the reimbursement of school districts that provide free or
reduced-price meals to students.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 House as Bill No. 1082
                                                     By
                     Chief Clerk of the House  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                          Speaker of the House  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                     Chief Clerk of the House
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                       President of the Senate
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                       Secretary of the Senate  Secretary of State
 House Bill No. 1082  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
HB1082 ENROLLED