BE IT ENACTED BY THE PEOPLE OF THE STATE OF NORTH DAKOTA:
SECTION 1. AMENDMENT. A new Section 7 is added to Article VIII, Education, of the Constitution of the State of North Dakota:
1. All public school districts, public schools, and public charter schools shall — while nonpublic schools, Bureau of Indian Education schools, and other tribal schools
may — provide one breakfast and one lunch every school day to all enrolled students, at no cost to students, their parents, or their guardians.
2. To be eligible for reimbursement by the state, any school district or school that provides free breakfasts and free lunches under this section shall maximize federal
reimbursement, including by participating in all applicable federal programs for school breakfast and lunch funding, and by encouraging parents and guardians to
apply for free or reduced price breakfasts and lunches.
3. The state shall reimburse eligible school districts and schools at 100% of the reimbursement rates that the state used as of the first day of the 2025 to 2026 school
year for free breakfasts and free lunches, multiplied by the number of breakfasts and lunches served, respectively, less the amount of any other government
reimbursement received for providing breakfasts and lunches. Reimbursement rates shall be automatically adjusted annually for inflation, inclusive of the time
between the first day of the 2025 to 2026 school year and the implementation date of this section, using the methodology the United States Department of
Agriculture uses to calculate the adjustments it publishes for free breakfasts and free lunches for that school year. If the United States Department of Agriculture
adjustments are no longer published, the Superintendent of Public Instruction shall choose an alternative equivalent inflationary measure.
4. The reimbursement required under this section is mandatory. In the event the legislative assembly is unable to identify another source of funds, the required funds
shall be appropriated from the legacy earnings fund.
5. This section does not apply to schools of higher education.
6. The provisions of this section are self-executing, and all of its provisions are mandatory.
7. The requirements of this section shall apply as of the implementation date, which shall be the first day of the first full school year beginning not less than 90 days
after the effective date of this section, and continue thereafter.
8. The Superintendent of Public Instruction shall have the authority to issue regulations and guidance and establish procedures in order to ensure timely
implementation. Laws may be enacted to facilitate, safeguard, expand, or implement this section, but not to hamper, restrict, or impair it.
9. This section shall be liberally construed to fulfill its purposes.
10. The provisions of this section are severable, and if any provision is held to be invalid, either on its face or as applied, the remaining provisions and their application
shall not be affected thereby.
11. In the case of any conflict between any provision of this section and any other provision of North Dakota law, the provisions of this section shall control.