Committee Minutes — SB438
Thu, Mar 5, 2026

Chairman Erickson opened the hearing on SB438. Tamera Lawrence, Assistant Revisor, Office of the Revisor of Statutes, gave an overview of the bill. (Attachment 1)

Proponent:

Dustin Hare, Economic Security Policy Advisor, Kansas Action for Children, said nearly one in five Kansas kids are food insecure, meaning they don't always know where their next meal will come from and sometimes must skip meals. If this bill were to pass, it would require all Kansas school districts to consider participation in the Community Eligibility Provision (CEP), a volunteer program that allows qualifying school districts to make breakfast and lunch free for every student, putting more money back into families' pockets to help them provide food at home. (Attachment 2)

Haley Kottler, Senior Campaign Director, Kansas Appleseed Center for Law and Justice, supports this bill because it strikes a balance between maintaining local control and encouraging participation in a federally funded program that helps more students access school meals. The Community Eligibility Provision (CEP) supports educational outcomes by increasing student participation in school meals while reducing stigma, strengthening programs integrity through direct certification, and minimizing unpaid meal debt. (Attachment 3)

Kari Rinker, Region Sr. State Government Relations Lead, American Heart Association, reported that Kansas is currently leaving significant federal dollars unclaimed while many students still lack reliable access to meals. CEP participation streamlines meal access by removing household applications, reduces stigma, and is associated with higher participation, improved attendance, better student behavior, and stronger academic outcomes. (Attachment 4)

Discussion followed.

Opponent:

Leah Fliter, Assistant Executive Director of Advocacy, Kansas Association of School Boards, stated that under this bill, each school board must determine how many students in each school qualify for free meals under the national school lunch program. However, the methodology is flawed because school boards don't have access to families' gross income unless families voluntarily make the information available through the application process. This will likely result in artificially low numbers that a board can certify as qualifying under this bill. (Attachment 5)

Jim Karleskint, United School Administrators, stated that local decision making should not be mandated as participation in the Community Eligibility Provision is a complex financial and operational decision that varies widely by district. While CEP benefits many students, it can also shift unfunded costs to districts, especially when federal reimbursement does not fully cover meal costs, Identified Student Percentage (ISP) declines over time, food, labor, and supply costs increase, or when districts face budget constraints in other essential services. The bill directs Kansas State Department of Education (KSDE) to assist districts, but it does not provide additional funding. (Attachment 6)

Opponent Written:

Timothy R. Graham, Director of Government Relations and Legislative Affairs, Kansas National Education Association (Attachment 7)

Vikkie Mullins, President, Kansas PTA (Attachment 8)

Susan Willis, Government Liaison, Wichita Public Schools (Attachment 9)

Discussion followed.

Chairman Erickson closed the hearing on SB438.