NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Education, Administration
Salt Lake City, UT 84114-4200
2. Contact Persons
ben.rasmussen@schools.utah.gov
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R277-727. School Meals Program
B. Purpose of the new rule or reason for the change:
The amendments are the result of the passage of HB 100 during the 2026 General Session.
C. Summary of the new rule or change:
The rule amendments clarify reduced-price lunch reimbursement procedures, meal debt communications, and Local Education Agency (LEA) responsibilities while preserving existing administration of school meals program revenues.
4. Legislative Action Information
A. Are any changes in this filing because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and session:
HB 100 (2026 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This rule change is not expected to have fiscal impact on state government revenues or expenditures.
The amendments to Rule R277-727 implement the provisions of HB 100 (2026), which requires the Utah State Board of Education to administer the state reduced-price lunch reimbursement program and oversee LEA meal debt communications.
This rule mandates that the Superintendent establish procedures for distributing revenues, monitoring LEA participation, and recovering funds distributed in error, subject to legislative appropriations.
Because these administrative duties strictly execute a funded legislative mandate and do not independently generate new state revenues or unbudgeted expenditures beyond what the legislature appropriated for HB 100 (2026), there are no incremental costs or savings associated with this rule change for the state budget.
This rule change is not expected to have fiscal impact on local governments' revenues or expenditures.
This rule updates require eligible LEAs to provide reimbursable lunches at no charge to eligible students, submit supporting documentation for reimbursement, and direct all meal debt communications exclusively to parents or guardians.
LEAs are also required to maintain written meal charge policies and consider food waste reduction measures.
Because these requirements are the direct result of the passage of HB 100 (2026), and the reimbursements are subject to legislative appropriations, the administrative rule itself does not create independent incremental costs or savings to local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
This rule change is not expected to have fiscal impact on small businesses' revenues or expenditures.
This rule strictly governs public school meal programs, LEA reimbursement procedures, and internal debt communication protocols.
Because the amendments do not interact with, mandate services from, or regulate small businesses, there are no incremental costs or savings to small businesses.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
There are no non-small businesses in the industry in question, Elementary and Secondary Schools (North American Industry Classification System (NAICS) 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of, or generate revenue for non-small businesses.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
This rule change is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.
The scope of the amendments is limited to the administration of the school meals program, specifically concerning reduced-price lunch reimbursements and how LEAs manage student meal debt communications.
While eligible students will receive lunches at no charge under HB 100 (2026), the rule itself is an administrative vehicle for a legislatively-funded program and does not financially regulate or impose new costs on individuals, partnerships, or non-governmental entities.
Therefore, there are no incremental costs or savings.
F. Compliance costs for affected persons:
There are no compliance costs for affected persons.
This rule outlines the procedures LEAs must follow to receive state reimbursements and manage student meal debt.
Because these administrative and policy requirements are borne entirely by the local education agencies and do not impose individual fees, fines, or out-of-pocket compliance expenses on students, parents, or private citizens, there are no compliance costs for affected persons.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Utah Constitution, Article X, Section 3
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Ben Rasmussen, Director of Policy
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) Subsection 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.]which authorizes the Board to administer the school meals program and apportion school meals program revenues; and (d) Section 53F-2-423, which requires the Board to reimburse LEAs for eligible reduced-price lunches and administer the state reduced-price lunch reimbursement program. (2) The purpose of this rule is to:
(a) [define school meals programs]establish procedures for administering and apportioning school meals program revenues under Section 53E-3-510; and (b) [outline how the school meals program revenue may be distributed.]establish procedures for administering the state reduced-price lunch reimbursement program under Section 53F-2-423; (c) clarify LEA responsibilities related to implementation of school meals requirements; and (d) establish monitoring and reporting requirements necessary to administer the program. R277-727-2. Definitions.
(1) "Eligible LEA" means a school district or charter school participating in the National School Lunch Program that is eligible to receive reimbursement under Section 53F-2-423. (2) "Eligible student" means a student enrolled in kindergarten through grade 12 who qualifies for reduced-price meals under the National School Lunch Program. [(1)](3) "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. (4) "Meal debt" means unpaid charges owed to an LEA for school meals. Meal debt includes delinquent debt while collection efforts are ongoing and may become bad debt if determined to be uncollectable in accordance with applicable federal requirements. (5) "National School Lunch Program" means the same as defined in 7 C.F.R. 210.2. (6) "Reimbursable lunch" means a lunch that meets USDA reimbursement requirements under the National School Lunch Program. [(2)](7) "School meals program" means [a program that meets the requirements in 7 CFR 210, 220, or 225.]a program that operates in accordance with the requirements of 7 C.F.R. Parts 210, 220, or 225. R277-727-3. School Meals Program Reimbursement. (1) The Superintendent shall administer school meals program revenues in accordance with Section 53E-3-510. (2) The Superintendent shall establish procedures for apportioning and distributing school meals program revenues to LEAs in accordance with Section 53E-3-510. (3) The Superintendent may establish reporting, documentation, and verification procedures necessary to administer the school meals program and comply with applicable state and federal requirements. (4) The Superintendent shall monitor LEA participation and reimbursement requests pursuant to federal law. [(1)](5) 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)](6) 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)](7) The Superintendent shall establish at least twice a year a flat rate per reimbursable meal served pursuant to a school meals program. [(4)](8) 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)](9) 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)](10) The Superintendent shall establish: (a) the qualifying criteria for an additional state reimbursement described in Subsection [(4)](8); and (b) appropriate monitoring procedures in accordance with Federal child nutrition laws. [(7)](11) 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.
R277-727-4. LEA Responsibilities. (1) An eligible LEA shall provide a reimbursable lunch at no charge to an eligible student as required by Section 53F-2-423. (2) An eligible LEA seeking reimbursement shall submit information and supporting documentation in the form and manner established by the Superintendent. (3) An eligible LEA shall maintain records sufficient to support reimbursement requests and demonstrate compliance with applicable state and federal requirements. (4) An eligible LEA shall direct communications regarding a student's meal debt only to the student's parent or guardian, consistent with Section 53F-2-423. (5) An LEA shall ensure that meal service practices do not publicly identify, stigmatize, or place responsibility on a student for resolving meal debt. (6) Nothing in this rule prohibits school personnel from responding to a student's request for information regarding the student's own meal account, provided the communication: (a) is initiated by the student; (b) is conducted privately and respectfully; and (c) is not used to collect meal debt from the student. (7) An eligible LEA shall maintain a written meal charge policy consistent with applicable (8) An LEA shall consider appropriate food waste reduction measures, consistent with Subsection 53F-2-423(6). R277-727-5. Reduced-Price Lunch Reimbursement. (1) Subject to legislative appropriations, the Superintendent shall provide reimbursement to eligible LEAs in accordance with Section 53F-2-423. (2) The Superintendent shall establish reimbursement procedures consistent with state law. (3) If appropriated funds are insufficient to fully reimburse participating LEAs, reimbursements shall be distributed in accordance with Section 53F-2-423. (1) The Superintendent may review reimbursement documentation submitted by an LEA. (2) An LEA shall provide documentation requested by the Superintendent to verify reimbursement claims. (3) If reimbursement funds are distributed in error, the Superintendent may recover those funds in accordance with applicable state and federal law. KEY: school meals, child nutrition, reimbursement
Date of Last Change: 2026[June 24, 2021] Notice of Continuation: May 13, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-510; 53F-2-423 !--dar--
