H.B. 440 School Lunch Amendments

What this bill does

The bill would require each school's community council to meet once a year to review the school's lunch policy against the state board's model policy, which calls for at least 20 minutes to eat, and discuss ways to give students more time. It would also have schools report obstacles they face to the state every five years, and it encourages but does not require schools to meet the 20-minute goal.

Plain-English summary written by AI from the sponsor’s presentation in committee and on the floor. Check the official text below.

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Every vote

• 12 yes, 0 no, 3 absentHouse Education Committee: vote to change the bill · Feb 12, 2026Who voted how
• 12 yes, 0 no, 3 absentHouse Education Committee: Amendment Recommendation · Feb 12, 2026Who voted how
• 12 yes, 0 no, 3 absentHouse Education Committee: Amendment Recommendation · Feb 12, 2026Who voted how
• 12 yes, 0 no, 3 absentHouse Education Committee: Amendment Recommendation · Feb 12, 2026Who voted how
• 7 yes, 5 no, 3 absentHouse Education Committee: vote to approve it · Feb 12, 2026Who voted how
• 50 yes, 18 no, 7 absentFinal House vote · Feb 23, 2026Who voted how

Hearings and debates

• Feb 12, 2026 House Education Committee▶ Watch
  Transcript (98 turns)

  1. Rep. R. Neil Walter (Committee chair)3:59:19

     All right. Very good Representative. Er, uh, you're in the seat. Yes. Why don't you go ahead. We're gonna hear house bill three 12, uh, sorry. House bill four 40 school lunch amendment. Yes. And

  2. Rep. Tiara Auxier3:59:28

     I'm speaking to the first sub. Um, I would also say that this is a committee ish Bill. Um, Representative Miller has some stuff in here as well. Um, just trying to consolidate bills. But, um, I've been talking for a year about school lunches. Um, my kids, my very first kid came home from school crying for a year about how hungry she was and how she said she never had time to eat. And I would go talk to the principal and there was, um, very little willingness to look at the schedule and find a way to make sure our kids could eat. Um, currently my kids have 15 minutes, and this is in a different school to leave their class, wash their hands, go through the line, but get their food and by the time they sit down, they have five minutes to eat. Um, I'll remind this committee that we funded $2.5 million last year, uh, for HB 100 to pay for the family portion of reduced lunch. And, um, from all accounts, it sounds like most of that food ends up in the trash can. And so this year, um, in appropriations, we recommended again to fund over $7 million to help the family, um, pay for the reduced portion. And so if we're gonna be spending so much money and, um, looking at the evidence that shows that this is many kids' most important meal of the day, um, without giving them time to actually eat it, I think is a, is a irresponsible. And so, um, originally I met with JLC, which is a joint joint legislative committee for those who are listening and talked about different ideas. For the lunch bill, they asked for local control. And so my bill I switched, um, to give them that to have their school community councils meet and come up with a lunch plan, just like they have a school safety plan and their digital, um, literacy plans. Um, but looking at what their current lunch, um, policy is now, and then looking at USB's model policy that they passed three years ago based off of all of the evidence that shows that kids need at least 20 minutes to sit in a seat and eat so that they have, um, time to digest, time to have their safety cues, and also to be full enough to then go finish the rest of the day. So I'm trying to be really quick about it, but basically it's just letting, um, having the schools have one, um, meeting per year where they look at their policy, look at USB's policy, and talk about ideas on how they can get more kids, um, to have more time. And also as part of that, um, the evidence shows that having recess first, uh, helps kids eat more. We have an example that from a school down in Provo that just started this this year, and they said they have virtually no wasted milk because their kids come in so thirsty from recess and that their trash cans are a lot lighter because they're eating more of their food. So, um, I think there are definite, um, clear reasons why we should, we should help schools feel, um, like they can open up and, and look at what they can do. And I know I wrote an op-ed in Desiree News over the summer and I had so many responses from parents say, I've talked to my principal about this, I've gone in and done different things and nothing, um, it doesn't seem like anything's helping. So I think if we let parents know that this is something that they can have some feedback on and talk to their school community councils and, you know, if it's, if it's adding one more machine where kids can put, put in their numbers and get more kids through the line, I just think anything would be helpful. So with that, I will yield to questions

  3. Committee chair4:03:08

     Alright. To the, to the committee for questions. All right. Uh oh, I've got lots of lights. All right. Very good. Let's start with, uh, Representative Peterson, uh, rep. Yep. Sorry, I think that's Representative Corinne Peterson, is that correct? Yeah. All my labels are gone, so I,

  4. Rep. Karen M. Peterson4:03:24

     Um, doesn't help when we sit next to each other either. I think it's great fun. I was gonna tell a story, but I'm not going to. Okay. Um, I have a couple of questions about, um, about the legislation. Thanks so much for discussing it with me earlier. Mm-hmm. So, um, one of my questions is, um, well it, it feels like local control. 'cause we're having our school community councils kind of look into it. It does also feel like we have, uh, a specific outcome we anticipate. 'cause we have, um, we have this school lunch target goal, um, that I know came from the state school board's policy. So talk to me a little bit about how much flexibility does the school community council have when we have already set the goal?

  5. Rep. Tiara Auxier4:04:03

     And I, I think so often we talk about choosing things because they're evidence based, right? And so all the decisions we want is based off of evidence that has been shown to be great. This comes from the American Academy of Pediatrics, this comes from the American Heart Association. Basically any organization that has ever looked at, um, school lunchtime has said you need at least 20 minutes to sit and eat your food. So I know that is what the school board based their policy on. So all of this evidence, um, this is not forcing anything. It's not mandating anything. It's having them look at the policy and say, this is the best evidence, the best practices that we can come up with. Look at your policy doesn't match. And if it doesn't, why, why not? And like, is there something you can do? And so it is encouraging our schools to follow best practices and, um, make evidence-based decisions. It is not requiring them to. And I realize that there are schools that have a lot of different, um, situations that they need to work around. And so because of that, there's that local control where they can say, you know what, um, it, it won't work for us to do this. Or it, they might be able to say, Hey, we can pull three minutes outta transition time and three minutes is better than nothing. So I would say that this is left up to them completely to figure out can we do recess first? Um, or can we find some extra time? I also realized I forgot Representative Miller's part about, um, recess not being able to be used as a disciplinary tool. And she has an amendment to make sure that if kids are misbehaving at recess, thank you. That then that is something.

  6. Rep. Karen M. Peterson4:05:40

     So appreciate that Ffy. I, I appreciate That's all in that, that, uh, amendment. Yes. Um, okay. And then my second question is just kind of in the, the process. So I mean, it's a pretty prescriptive process as far as what this meeting has to look like. I mean, school, I've been on school community councils in every school my kid has gone to. Right. And I, I know how those usually go. Um, so, um, this like, notice that this is the conversation we're having and you have to, you know, notice your parents, right? And then you have to do a survey, um, which is, it's just kind of interesting to me because school community councils, um, the focus has always been greatest academic need. And, um, so it's interesting that we're gonna do an extra notice when we talk about school lunch, but we're not gonna do an extra notice when we talk about kids' reading scores, you know? So talk to me about why this deserves extra things, but things like reading and math are not getting extra things.

  7. Rep. Tiara Auxier4:06:30

     Yeah, I think there's a couple of reasons for that. So one, um, the schools asked for this to be through the community councils themselves. Mm-hmm. They said local control. So I said, okay, great. Right. And, um, community council was it, I think also because it is a different topic than, um, most parents are used to them talking about, they wouldn't know that this is up to talk about. So sending out in the normal, you know, school weekly email. By the way, this is happening next week. We're talking about this. If you have any input, it's just an out of the ordinary thing that has never really been in that purview, but now it, now it would be.

  8. Rep. Karen M. Peterson4:07:03

     Okay. Thank you. Those are my questions. You're welcome.

  9. Committee chair4:07:05

     Alright, Thank you. We have lots of lights. So we're gonna go to, uh, I think that's, does that Representative Miller or Representative Welton? My light's on. Okay. Representative Miller. All right. Thank you. Okay.

  10. Rep. Tracy Miller4:07:15

      Thank you Mr. Chair. Um, okay, you touched on this just a little bit, but, um, uh, just wondering how vocal control works if Line three 16 says that they have to plan how they will work towards meeting the goal lines 3 36 through 3 38, say they have to meet for five years until they've met the goal. So it, it sounds to me like they have to meet the goal.

  11. Rep. Tiara Auxier4:07:37

      May, maybe I can explain that a little bit more. I know we put on re um, requirements on schools to have endless meetings or endless reports. I thought five years was plenty. Um, because really we just, we want them to look at the data. We want us to look at the data to say, you know, when schools say we, we put so much on them, will this open up some ideas for us to maybe take off to, to see if we can support the best practices here? And then also, um, if they meet it, and there are plenty of schools that do meet it right now, then they don't have to do that. And so it's giving them an off ramp. But yes, I think in any way we should always be working towards the best PAC practices and evidence-based decisions. So, um, I would always encourage us in any facet to be able to do that where possible.

  12. Rep. Tracy Miller4:08:26

      Couple of follow up questions. Yes, go ahead. Uh, so I, I mean, if they have to meet the goal, eventually, that is a lot of work to have all these meetings every year. It,

  13. Rep. Tiara Auxier4:08:35

      It doesn't say that they have to, it, it just says, look at your policy, look at USB's policy. Can you get closer to it? If not, why not? Like, that's all it, it doesn't force anything. There's no end where it says that they have to meet that. And, and if there is ambiguity in that, then I'm happy to change that language. But that is not what that was trying to say. It was just, you know, this is something we're gonna be looking at for, for the next few years to see if there's anything we can do and help with.

  14. Rep. Tracy Miller4:09:06

      Okay. Thank you. And then my other question was, um, if the school community councils the one making the plan versus the principal making the plan, because I think this affects personnel and, you know, you've hired people and they have their contract times and stuff. Um, it, so would there be a conflict with school community Council making a plan that might so

  15. Rep. Tiara Auxier4:09:27

      Alter employee contact community councils, when you do any of those plans work in conjunction with the principal who is usually leading it and presenting the ideas? So it's more of a conversation like, Hey, can we do this? Hey, can we figure out this? You know, what if we fund this through the PTA or what if we do different things? I mean, I've been on community councils almost every year. My kids have been in school, and that that's how it works. It's, it's not just, you know, a a couple parents who can just create a plan. The, the whole community council works together.

  16. Committee chair4:09:57

      Okay. Thank you. Thank you. We're Gonna go to Representative MacPherson.

  17. Rep. Matt MacPherson4:10:02

      Thank you, Mr. Chair. And I'm just looking to clarify, um, one little piece in here, um, specific lines. I'm looking at, uh, line 3 0 5, uh, providing a student with a minimum 20 minutes of seated eating time under the, the, the target goal, but then also on three 18, um, under the plan that they shall, um, uh, discuss at their meeting. It includes, uh, how much seated tide a student will have to eat lunch. And I guess my question is, is I think I've got a, a brother that, um, if we're both dishing up food in line, and if he dishes first, by the time I sit down, he's already consumed everything. He, he eats very, very quickly. And so I guess I'm wondering, are we, are we requiring students to be seated in, in a, in a lunchroom in their seat for 20 minutes in order to establish this goal, even if they've consumed their food, even if they'd like to perhaps get up and walk around or leave or go to go to some other class? I mean, is there, is there, it doesn't seem necessarily clear to me, and I'm just want to clarify,

  18. Rep. Tiara Auxier4:11:03

      You know, and, and I'm happy to have, have schools do what they want. But I do know in some schools, that is how it is right now. They have a little like, stoplight thing and they can't leave their table until, until a certain amount. So I don't think that's any different than what other schools are doing right now. Some people already have recess before lunch, so there's nowhere for those kids to go. And so it, it's really up to the school to decide what that is. But I would also submit that eating isn't just shoving food in your face as fast as possible. It's also learning how to enjoy a social environment, having kids be able to finally like, take a rest and be able to talk. And, and that's what a lot of, um, the medical, um, evidence says is like, it needs to be more, you know, think about the French, they, they'll eat for three hours because they not only enjoy the food, but they enjoy the company and they learn good healthy eating habits because of that. It, they learn to eat slower and taste their food and do all these things that our kids right now are being like, shove, shove, shove, chew, chew, chew and like, you know, I mean, honestly, it is, if you ever go to a school, I know, uh, I've heard that from others on our committee. And so any, I I think schools have the flexibility to do whatever they want. And so it doesn't say that they have to get to 20, the goal is 20. But if they find for some reason they wanna give kids an extra way to go get some more recess minutes, I'm all about that. Uh, Representative Hall just pass that 60 minutes of physical exercise. So, you know, it, it's local control. I, but there is evidence base that we should be trying to get close to.

  19. Rep. Matt MacPherson4:12:38

      So, Mr. Chair, just to clarify, the, the goal though is for them to be seated for 20 minutes, whether they're eating or not. Yeah. Okay. Thank you.

  20. Committee chair4:12:48

      Thank you. Representative MacPherson to Representative Libe.

  21. Rep. Karianne Lisonbee4:12:52

      Thank you. Thank you. Sorry, sorry, committee. That was loud. Thank you,

  22. Committee chair4:12:56

      Mr. That's all right. We, we've been having some interesting technology issues, so Makes it more interesting, I guess. That's right. Keeping it lively. Good job.

  23. Rep. Karianne Lisonbee4:13:06

      Um, just a really quick question, Mr. Chair for the sponsor. So my question is along the same lines of Representative MacPherson, but I'm wondering if you would entertain when it comes time for action and amendment to remove the word seated. And the reasoning is that, um, there are LEAs who are concerned that that will be interpreted to mean if they don't force every kid to sit in a seat for 20 minutes, that, um, they will be out of compliance with the law. And personally, I know a lot of kids who they're sitting all day in the classroom, they don't want to sit through lunch, they want to eat and then move. So that's just, if, if you would mind just speaking to that as a potential amendment.

  24. Rep. Tiara Auxier4:13:53

      I don't mind the idea. And I do understand, you know, especially what if you wanna go over and talk to someone else on a table or say whatever, but the question then becomes, okay, is that 20 minutes and can you count standing in line, so maybe 20 minutes after they get their food or something like that. I would be more in favor of, because right now, I think a lot of schools would say, oh yeah, we give our kids 20 minutes, but they really only have three or four minutes to eat because they're standing in line for most of those minutes. So if there's a way to massage that language, I'm happy to do that. Or if we do it later, um, that's fine too. But I'm, I'm open to the idea. 'cause I think that's a legitimate point.

  25. Rep. Karianne Lisonbee4:14:30

      Mr. Chair, if you, if I could just to follow up, I think that the remaining language in the sentence actually takes care of that because it says, if you remove the word seated, providing a student with a minimum of 20 minutes of eating time to consume lunch. Sure. Okay. So anyway, when it comes action time, I'll propose the amendment if you're, it's fine with me.

  26. Rep. Tiara Auxier4:14:52

      Thank You.

  27. Committee chair4:14:56

      Alright, thank you. We have one more, uh, comment. Representative Welton.

  28. Rep. Doug Welton4:15:01

      Thank you, Mr. Chair. I just have a, a follow up to, uh, Representative Miller. Um, I, I, I agree. We've talked about this. I think, uh, sometimes less is more when you're talking about like getting your scores up when you get a cram in all this time. And I think there's been a fair amount of evidence that shows that, uh, sometimes less is more and more playtime helps with those scores. A

  29. Rep. Tiara Auxier4:15:22

      Lot of Evidence. Yes.

  30. Rep. Doug Welton4:15:23

      I, I, I agree with you there. Um, I, you still have the same concerns that Representative Miller is that this is really not written as a local control. So when she was asking you questions, you said they, they have to report how close they get to the, to the, the seat time, right? My question is, what if they just say we don't want to get close to the seat time? Are they allowed to do that?

  31. Rep. Tiara Auxier4:15:43

      They're totally allowed to do that. Okay.

  32. Rep. Doug Welton4:15:45

      I just needed that Clarification.

  33. Rep. Tiara Auxier4:15:47

      Yeah, no, the only thing about the reporting is just to help us see what is standing in their way. And if they, you know, if they like it that way, that's fine, but is there anything we can help with if they would want to move that way, you know? Okay. That's all it is.

  34. Committee chair4:16:02

      Thank you. Alright. All right. That concludes our, uh, clarifying questions, uh, to the public for public comment. Is there anybody that would like to speak? I've got a couple. 1, 2, 3, 4. All right. We'll give you one minute. Uh, please come up. We can use both, uh, microphones. Please introduce yourselves. State your name, who you represent, uh, tell us, uh, make sure you sign in.

  35. Ben Horsley, Granite School District4:16:23

      Thank you, representative er, appreciate that. This is Ben Horsley, uh, superintendent of Grant School District. Uh, I'll throw in my comments on HB 3 99 as well, since I didn't have a chance to

  36. Committee chair4:16:33

      Just please don't, that that would not be germane. We've already had that conversation, haven't we?

  37. Ben Horsley, Granite School District4:16:37

      Representative Liz b uh, I appreciate the line of questioning and the potential amendment. I think, uh, I was part of the conversation with JLC and I think when we implied local control, that's what we already have. We have the ability for our school community councils within the law and the statute itself. Right now, I know those conversations are happening with our schools. I don't mind the advertising of best practices or pushing those types of, uh, things, but this is overly prescriptive and frankly, it reads like a truth in taxation hearing. So I'm also very concerned about the fact that sometimes our school community council members might not be familiar with state and federal statutes with respect to school lunch, and would put us in a situation where the principal's having to uphold a plan, um, approved by a school community council that does not meet those standards and put them in difficult spot. Lastly, I'm very concerned, uh, by the line one 30 I think it is, uh, that expresses this report because I do know the requirements, uh, for our principals, uh, this is going to fall to them ultimately not a volunteer parent to provide that reporting. There could be some amended language, and I would like to work with the sponsor to see if we could deregulate this a little bit and get the reporting mechanism as, as she would like. I think there's good intent here.

  38. Committee chair4:17:49

      Thank you. Please go ahead.

  39. Sarah Stroup, Utah Association for Marriage and Family Therapy4:17:51

      Hi, I'm Sarah Strub. I am the legislative chair for the Utah Association for Marriage and Family Therapy. I'm also a licensed Friendship family therapist and registered play therapist. Um, I'm also really motivated for you to amend the school lunch portion, um, because I'm really excited about the recess portion. Um, two years ago we were in a school where my son was my first grader was losing recess on a daily basis, and his crime was because he wasn't getting enough work done. But what the teacher didn't seem to care about was the fact that he has auditory processing disorder and therefore has functional hearing loss. And whereas a hearing aid, he couldn't hear her. And at six years old, he didn't know how to advocate for himself. And statistically neurodivergent children are more likely to lose recess than any of their peers. So we are really excited about, um, protecting recess as a right for children and it benefits everyone. Um, and we also support the provisions for kids who might be not physically safe during recess. Thank you.

  40. Committee chair4:18:46

      Thank you. Please introduce yourself.

  41. Tiana McCall, school social worker4:18:48

      Go ahead. My name is Tiana McCall. I'm a licensed clinical social worker and a school social worker as well. Um, I also echo Sarah's statements. I support ensuring the elementary students have enough time to eat their lunch and to move their bodies. 20 minutes of seated eating time and recess before lunch are not extras. They're basic conditions for learning. Hungry, rushed kids don't absorb instruction well. And so protecting this time protects instructional time. And I also agree that recess shouldn't be withheld as a consequence for young children. Recess is regulation. Taking it away removes the very tool that helps them reset and succeed. If all of us function better after a solid hour lunch break, it's only fair that our seven year olds get enough time to finish their sandwich and run around before being asked to sit and focus again. Thank you.

  42. Committee chair4:19:36

      Thank you. Please introduce yourself.

  43. Neil Rickard, Utahns Against Hunger4:19:39

      My name is Neil Rickard. I'm the Child Nutrition Advocate for Utahans Against Hunger. And I just wanted to celebrate the work that Rep Boxier has done on this issue. It's something we've known. It's been an issue for years, and it's very, very heartening to see something being done about it. I did work on HB 100 last year, and what Rep Boxier says is very much correct. Uh, making the most outta that effort does demand tackling, uh, food waste by giving appropriate mealtime to students. So regardless of mechanism and structures of the bill, which I understand are all very valid concerns, I hope that the committee will take that seriously as an issue going forward. Thank

  44. Committee chair4:20:14

      You. Thank you. And one final public comment before we go online. Yes, Thank you. Please go ahead. Lexi

  45. Lexi Cunningham, USSA and USBA4:20:18

      Cunningham, USSA and USBA. First of all, we appreciate working with Representative Boxier and her coming to our meeting at this time. We do oppose this bill. We would like to work on the school community council portion. It's too prescriptive and we don't feel with some of the sizes of our secs that we'd be able to, to they'd be able to do this. We do have some concerns too, about every, um, year for five years working towards a goal and then having a report. And we'd like to clean up the language that if this truly is not, um, if a school for five years meets and they still don't have the goal, that there will be no consequences if they don't, um, have that goal. And I, I do wanna share that we surveyed about 21 of our districts and there are wide varieties of recess before lunch, after lunch, even in the same schools. And the majority of seated lunchtime in most of our schools is between 15 and 25 minutes.

  46. Committee chair4:21:17

      Thank you. Uh, we've got, uh, just, we have, we're gonna take two online, don't you. Gimme the first two. Emily, please introduce yourself. Make sure your, uh, camera is on, your microphone is on. Tell us where you reside. Tell us, uh, where you, where you, where you reside. You have one minute. Make sure you unmute. Thank you.

  47. Emily Bastian, Springville resident4:21:43

      Hi. Sorry, I missed my name, so that's why I was Fran. Okay. My name's Emily Bastion. I live in Springville. And this is an issue that's, um, been important to me. I've talked to my principal about it. I've been on school community council. I've talked to our superintendent about it. And, um, I am sure it's a personality thing that they are both just like, if someone tells me to do it above me, then I will happily oblige. But this is not something I even want to like, practice or entertain. Um, so I guess that would be my advice is do I just keep asking because I'm happy to do that. Um, I'm all for local control. Um, I, my school is small, so this would be a very, um, like this would be an easy option. I understand that there are other schools that are very limited, so I like the five year of working towards that goal. So I would, um, ask you to support this bill. Thank you.

  48. Committee chair4:22:36

      Thank you, kava. Uh, you have one minute. Please introduce yourself. Uh, make sure your camera's on. Tell us where you reside and, uh, make sure your microphone is on. You there Kava?

  49. Kava Tukuafu, teacher4:22:58

      Yes, I'm here. Can you hear me?

  50. Committee chair4:22:59

      Yes. Can you turn on your, uh, oh, there it comes. Perfect. Thank you.

  51. Kava Tukuafu, teacher4:23:04

      Sorry, I'm a teacher that just finished Parent teacher conference week. My name's Kava Tfu from West Valley City, Utah. And I'm opposed to this bill today. I've been a teacher for six years. I've had the privilege of teaching in elementary for five. I think the intention is wonderful. I love the idea of extending lunch and, um, having a sharing table. But there's a lot of things that happen in the elementary that make this complex, especially as we are dealing with budgetary restrictions and shortages with Paradise and lunch staff. So I would encourage the bill sponsors to look at how to simplify that language. And if we're gonna pass a bill, that's make it a good bill. Um, with the recess, I respect and understand the perspective of not taking, of not having recess taken away as a consequence. But I don't agree with the language as is having taught, um, fifth and sixth grade. There's times when losing recess is a logical consequence. So that is why I'm opposing it.

  52. Committee chair4:24:02

      Thank you, kava. Alright, that concludes our public comments. We appreciate everybody's, uh, participation. We're gonna move the committee for action items. We'll go to Representative Libe.

  53. Rep. Karianne Lisonbee4:24:13

      Thank you, Mr. Chair. So, are we adopting the sub? Yes, please. Okay. In my name. I don't know if there's another one. I would, I see one sub online. Is there, okay. Is that okay? Um, motion to adopt HB four 40 or just to adopt the sub for HB four

  54. Committee chair4:24:32

      40? The motion before is to adopt the first substitute to HB four 40. That motion is in order. Would you like to speak to it?

  55. Rep. Karianne Lisonbee4:24:38

      Um, no, thank you.

  56. Committee chair4:24:40

      Alright. Uh, to the members of the committee. Alright. Uh, Representative Miller,

  57. Rep. Tracy Miller4:24:51

      Um, I have a substitute motion to, uh, hold this bill.

  58. Committee chair4:24:58

      Okay. That motion is an order. Would you like to speak to that?

  59. Rep. Tracy Miller4:25:02

      Yes. I think, um, I, first of all, I really support the intent of this bill. Um, I think this is an important issue that we need to address. I like having our school community councils involved in that discussion. Um, I just think there's a lot of language in here that needs to be, um, tightened up to, just to clarify, um, and ensure the, the local control and then also just the role of the school community council. Our school community councils advise and make recommendations on, um, like the safety plan and on digital citizenship. Um, but I think ultimately the principal needs to own the lunch plan because they're the ones that, that, you know, hire and, and work with the personnel. So I just, some of the language that I think needs to be cleaned up, I, I think we can get there. I think this bill has good intentions and would love to move forward with it and just need some time to get it right.

  60. Committee chair4:25:50

      Okay. To the sponsor on the motion to hold. I

  61. Rep. Tiara Auxier4:25:52

      Would resist that and for a few reasons. Um, the fact that with this bill on the, the last, um, I'm clearly showing that I'm willing to work and change and adjust language. I've added stuff Representative Miller wanted just today added stuff Representative Peterson wanted today. I'm not opposed to making changes and trying to find things that work the best way, but, um, as we all know, time is short and I'd like to keep it moving. And I don't think we'll get around to this bill anytime soon. And that will give us plenty of time to change and make adjustments the way it needs to be.

  62. Committee chair4:26:25

      Thank you. I've got a couple of lights on. We're gonna go, this is on the motion to hold, so if your light on light is on, it's to speak to the motion to hold. I Representative MacPherson.

  63. Rep. Matt MacPherson4:26:35

      Thank you, Mr. Chair. Um, I, I oppose the motion to hold, just I think for two reasons. One, right now the motion is to adopt the substitute and I eventually assume the amendments. I think that is an important first step that should be done, regardless of a motion to hold that perhaps it was premature. Um, also think that this, uh, bill is moving in the right direction. This committee, I think, as we've seen today, is already extremely overloaded. And if we're talking about cleanup, then I'd prefer to see this policy move forward, um, where we do have time to correct it on the floor. I understand the, under the concept of cleaning these bills up as they get outta committee. Um, but there is still going to be the floor time. There's gonna be a senate, uh, side as well. And I think if we're just talking about cleanup and not a major policy shift, then we should probably, uh, adopt these, uh, substitutes and amendments and, and move forward.

  64. Committee chair4:27:25

      Thank you. We're gonna go to Representative Corinne Peterson.

  65. Rep. Karen M. Peterson4:27:29

      Thank you. Maybe. There we go. Thank you. I, I appreciate, um, the sponsor listening to some of my concerns today and, and talking to me. I, one of the things I've just been thinking about is, um, last year I, I ran legislation around, um, Salt Lake City School District because they got into this place where they moved to this shared governance model where all of a sudden, uh, councils at their schools were making decisions around things like bill schedules. And it became a huge problem. And so we actually had to run a bill to say, you cannot have this kind of model. And I, I guess I'm a little concerned when we start telling the school community council, they can start being in charge of things like bell schedules. I, I, I worry that like we just actually pulled that back last year. And, um, and so, well, I, I completely agree with legislation that says, let's have the school community councils talk about, let's make sure they know best practices, let's make sure they can think about those things. Let's make sure they can have that conversation. Um, I, I just would want us to be mindful of that as we move forward. That school community, community councils are awesome. I've served on a lots of them. I'm glad that they exist, but they exist for kind of a specific purpose. And so I think we just need to be careful when we start saying you're also gonna be in charge of some other things. So Thanks.

  66. Committee chair4:28:44

      Alright. To the underlying, to the maker of the underlying motion Representative Libe. And then we'll come to the sponsor and then the maker.

  67. Rep. Karianne Lisonbee4:28:51

      Thank you, Mr. Chair. Um, I'll just be really brief. I do have a question for the, to the sponsor. Is that okay?

  68. Committee chair4:28:58

      Really quick. Go ahead.

  69. Rep. Karianne Lisonbee4:29:00

      Did Ms. Cunningham come to you with her proposed amendments before you presented today?

  70. Rep. Tiara Auxier4:29:06

      She did not. I had asked her to send out that survey for, um, us and that is, um, also including high school time, not just elementary. And my bill is focused mostly on elementary. So if we add high school time, and that definitely skews things. So, um, that was definitely not something that has been brought up as far as any objection or asking to change language, which I'm very open. I've, I've pivoted the whole bill from the beginning from when I first Uintah JLC. Okay.

  71. Rep. Karianne Lisonbee4:29:34

      So I do Mr. Chair, I do agree with the good comments from Representative MacPherson that, you know, we are overloaded as a committee also, I mean, we're moving at a glacial pace on the floor. We have plenty of time between now and whenever this bill would potentially be heard on the floor to make some adjustments and, and the sponsor seems willing to do so. I would resist the motion to hold and move the bill forward along with the amendments and substitute.

  72. Committee chair4:30:04

      Thank you. Uh, thank you representative. Uh, we'll go to the sponsor on the motion to hold to some,

  73. Rep. Tiara Auxier4:30:10

      Um, I think I already talked about that. So, um, like I said, I'm willing to work and change things. I think that, um, you know, if languish needs to change, that's, that's fine. Um, I, I think also, you know, just the way community councils work, it's always a collaborative effort and I've never seen, um, parents out, you know, just overrule. So if, if Salt Lake City was doing that, then I'm happy to put some, um, guardrails around that from happening from anyone else

  74. Committee chair4:30:41

      To the maker of the motion.

  75. Rep. Tracy Miller4:30:44

      Um, thank you. Uh, we've been asked to get things right before we send them out a committee. I think if we can do this quickly and, and, and be back soon with it, I think, um, we all are supportive of the intent of this bill.

  76. Committee chair4:30:56

      Thank you. The motion before us is to hold HB four 40 School lunch amendments. Uh, we're gonna do a roll call. Vote, uh, Tisha to you Representatives. Er no. Hayes, no Liz and B, no McPherson, no. Millard. Yes. Moss? Yes. Peter. Uh, Corinne Peterson? Yes. Val Peterson. No. Pucci, no. Thompson, no Welton, No Chair. Walter? Yes. That motion, the motion to hold fails. What's the count? Four eight. Four eight. Four to eight with, uh, Walter, uh, Corinne Peters. Representative Corinne Peterson. Representative. Is it Mo? Yeah. Representative Moss and Representative Miller relying motion? Yes. Okay. We're back to the underlying motion. This is the Substitute. Okay. Adopting The first sub. So to the members, if you have your light on us to speak to the underlying motion to adopt the first substitute, your light. Uh, Representative Miller, are you speaking to the fir to the adoption of the first substitute? Oh, again, all right. Your light's flashing at me, so I'm just trying to get it to go off. Alright. Um, seeing, uh, to the, I'm gonna go back to the sponsor on the first substitute. Uh, yes, please. I was from lots of feedback that I had gotten in the last few hours before my presented To the maker of the motion waive. Alright, all in favor to adopting the first substitute. Please say aye. A Aye. Aye. Any opposed? That motion carries unanimously. Back to you, representative Libe.

  77. Rep. Karianne Lisonbee4:32:37

      Thank you Mr. Chair. I would like to make a motion that we amend line now I lost it. Hold on. Um, oh, actually it's written, it's online. Okay. Nevermind. Just adopt the amendment that Finn drafted. So

  78. Committee chair4:32:55

      Brilliant. Okay. I'm just gonna note there is, um, two amendments online.

  79. Rep. Karianne Lisonbee4:32:59

      Three. There are, maybe I need a refresh. So this is house amendment three. Is it Finn? Okay. House amendment three. I move house. Amendment three.

  80. Committee chair4:33:10

      Alright, the motion is to adopt house Amendment three to HB four 40 as substituted. Would you like to speak to that?

  81. Rep. Karianne Lisonbee4:33:17

      No. Thank you.

  82. Committee chair4:33:19

      All right. To the sponsor regarding the amendment. Whoa, very quickly. All right. To the members of the committee, um, I do have your light still flashing. Representative Miller, is it? You're not requesting. Okay. Not yet, but I, All right, we'll, we'll come back to you then. Seeing, seeing no further questions from the committee. Um, back to the maker you've waived once. Would you like to waive again or sorry, to the sponsor? Waive and the maker Representative Libe Waive. Okay. The motion of force is to adopt the third amendment to HB four 40 School Lunch amendment, school Lunch amendment as substituted. All in favor, please say aye. Aye. Aye. Any opposed? That motion carries unanimously. Now we're to the bill Representative Libe

  83. Rep. Karianne Lisonbee4:34:01

      Motion that we favorably recommend House Bill four 41st substitute as amended.

  84. Committee chair4:34:09

      Okay, there is, we have a motion to recommend favorably. Um, I'll just note there are two other amendments out there, but the motion is to recommend favorably. Would you like to speak to that?

  85. Rep. Karianne Lisonbee4:34:18

      Um, yeah, I, I wasn't aware of the other two amendments. Does, do people want me to move them? Yes. Okay. I'm happy to withdraw my motion. I'm happy to withdraw

  86. Committee chair4:34:32

      My motion. Okay, we're gonna withdraw Representative Liz Bee's motion we're gonna go to Representative Miller. Go ahead. Representative Miller,

  87. Rep. Tracy Miller4:34:38

      I move house amendment one in my name.

  88. Committee chair4:34:40

      Alright, the motion is to adopt house amendment one in your name. Would you like to speak to that?

  89. Rep. Tracy Miller4:34:44

      Yes. This has to do with the recess portion. Just if, if there is a problem at recess that they can be withheld from recess or moved from that.

  90. Committee chair4:34:53

      Alright. To the maker or sorry? To the pon to the sponsor? Yeah,

  91. Rep. Tiara Auxier4:34:56

      That's fine with me.

  92. Committee chair4:34:57

      All right, great. To the members of the committee, see no further lights back to the sponsor. You're okay still to the maker? I wa Okay. The motion from before us is to adopt House Amendment one to HB four 40. Uh, first substitute. Uh, all in favor, please say aye. Aye. Aye. Any opposed? A motion carries unanimously. We've adopted the First Amendment. We have a Second Amendment.

  93. Rep. Karianne Lisonbee4:35:19

      I mean, I think it's only appropriate that I move the Second Amendment.

  94. Committee chair4:35:22

      I was wondering if you might, uh, want that, uh, prerogative. So, uh, I have a motion to adopt the Second Amendment from a representative. Libi, would you like to speak to that? No. Thank you. Okay. Thank you to the waive. Alright, very good. To the members of the committee. Seeing none, I'm gonna go back to the, uh, I'm gonna just skip you. You've already waived. I'm gonna go back to the maker. You waive again. Okay. All right, very good. We're gonna adopt the Second Amendment. All in favor, please say aye. Aye. Aye. Any opposed? That carries unanimously. All right. Now we are to the bill as amended. As substituted first and amended three times. Very well done. I told you I'm civil Be. Thank

  95. Rep. Karianne Lisonbee4:35:59

      You Mr. Chair. Will I move that we favorably recommend House Bill four 41st substitute as

  96. Committee chair4:36:04

      Amended. All right, now we've got a motion. That motion is in order. We've got a motion to, to recommend Favorably House Bill four 40 School lunch amendments as substituted and a amended. Alright to Representative Peterson. I,

  97. Rep. Karen M. Peterson4:36:16

      I'm, I'm gonna be very brave. I I really do appreciate how much the sponsor has listened to my concerns and, and I know that I do feel confident she'll keep working with us. Um, but because it's not quite there, I'm not gonna be there today, but I'm hoping I'll be there by the time we get there on the floor.

  98. Committee chair4:36:32

      Thank you. Seeing no further lights to the sponsor. Uh, thanks for staying Yes. And to the Maker Wave. Uh, the motion before is to recommend Favorably House Bill four 40 School lunch amendments as substituted and amended. Uh, we're gonna do a roll call. Vote once again. Isha, your light is on. No, She's got one. No representatives. Er Yes. Hayes? Yes. Liz. B Aye. McPherson Aye. Millard? No. Oh. Two nos. Moss, no. Dream nose. Corinne Peterson. No. Val Peterson? Yes. Pucci? Yes. Thompson? Yes. Welton? No. Here. Walter? No. Six. No. Oh, seven five. That motion passes seven to five with Wal, with Walter Welton, Millard Moss, and representative Corinne Peterson. No, thank you to the members of the committee. You hung in for a very long committee meeting. You've been amazing. And yes, you can make that motion. Representative adjourn motion is to adjourn. All in favor say aye. Aye. Aye. Any opposed? Thank you.

• Feb 23, 2026 House floor debate▶ Watch
  Transcript (54 turns)

  1. Unknown speaker31:13speaker not certain

     First substitute house Bill four 40 School lunch amendments by Representative Voxer. This bill was heard in education with the vote of 7 5 3.

  2. Speaker Pro Tem (presiding)31:26

     Representative Voxer.

  3. Rep. Tiara Auxier31:27

     Thank you Mr. Speaker. Pro tem. Motion to adopt second sub for HB four 40. Motion, Mr. Do accept, uh, adopt second substitute house bill four 40.

  4. Speaker Pro Tem (presiding)31:39

     That's in order. Would you like to speak to it?

  5. Rep. Tiara Auxier31:40

     Yeah. This is taking into account the multiple conversations that I've been having with different school districts and charter schools and taking out some of the language that was giving them heartburn, um, which they thought felt a little restrictive. And I wanted to make sure that they knew that, um, this was not mandated. Just discussions. So that that language is, is softening what, what they were concerned about.

  6. Speaker Pro Tem (presiding)32:07

     Thank you. Representative Ox here. The motion is to adopt second substitute house bill four 40. Discussion to the motion Representative Thurston.

  7. Rep. Norman K. Thurston32:16

     Thank you Mr. Speaker. Will the sponsor yield to a series of questions? The Sponsor yield to a series of questions?

  8. Rep. Tiara Auxier32:21

     I will, Yes. Go ahead.

  9. Rep. Norman K. Thurston32:23

     Yeah, I just wanna make sure. Um, so in the current version, not the proposed version around 3 0 9 3 42, somewhere there, there's a lot of little details that could make things burdensome on schools. And it kind of feels like that we're saying, well, you can decide whatever you want for your school. Uh, but we have this target of having recess before lunch and you need to kinda get there. So is is that issue been addressed in the proposed substitute?

  10. Rep. Tiara Auxier32:49

      Yeah, so the words target goal, um, was what was concerning. What it is really identifying is, is hearkening to US B'S model policy past three years ago and, and just saying, look at that model policy and look at the research around it. It's, it says that the way for children to thrive is by having 20 minutes to eat lunch and recess first where possible. So that is what it is referencing. It's not saying that they have to do that, that is just referencing that model policy.

  11. Rep. Norman K. Thurston33:19

      Thank you Then. So with that, with those changes, um, do you believe that addresses the concerns of U-S-B-A-I?

  12. Rep. Tiara Auxier33:26

      I think it addresses a lot of the concerns. I think, um, there are some people who will never be happy with, uh, anything that is being asked. But if we look at the way that, um, community councils already have to hold meetings for different things, this is just adding one of those. They already have to do it for safe routes. They already have to do it for digital technology. This would just be, uh, and this is same in this sub or the next, but it's just saying, Hey, hold, hold a meeting and look at the model policy from the USBE, um, recommendation. That's all.

  13. Rep. Norman K. Thurston34:01

      Okay. Thank you Mr. Speaker. I would encourage adoption of the second sub. Thank you.

  14. Speaker Pro Tem (presiding)34:06

      Thank you Representative Thurston. Further discussion to the bill, to the motion to adopt second substitute. Seeing none represented Voxer for summation to adopt the substitute I'll waive Motion is waived to place the motion to adopt second substitute house bill four 40. All in favor say aye. Opposed? Say no. Motion carries Is substitute is adopted. Representative Voxer?

  15. Rep. Tiara Auxier34:31

      Yeah. Motion to adopt amendment or house amendment. One. Motion is to adopt amendment number one.

  16. Speaker Pro Tem (presiding)34:39

      That's in order. I'd like to speak to it.

  17. Rep. Tiara Auxier34:41

      Yeah. Um, in, in the language originally about, um, how they were going to say when they had that meeting. Um, it said like a written assurance and we took that out to just show it's the same assurance that they do with all other trust lands. Like it's just on a website that they just have to check.

  18. Speaker Pro Tem (presiding)35:01

      Thank you. The motion is to adopt amendment number one. Discussion to the motion. Scene none representative here. For summation, I Waive Commissions. Wa the motion is to adopt amendment number one. Second sub house bill two 40 or four 40. All in favor say aye. Opposed say no. Motion carries the bill as amended Representative ox air.

  19. Rep. Tiara Auxier35:22

      All right, thank you. Um, colleagues, as you can tell, I've been meeting a lot with schools and have a lot of subs and amendments on here trying to, um, address most of the concerns. Um, if, if we look three years ago, USBE passed model policy that said, Hey, you know what, the best thing for children for them to be able to thrive is if they had 20 minutes to eat lunch and if they had recess first. And so, um, this bill is asking the community council, which consists of administration and the principals and some parents to hold a meeting where they look at their own policy and compare it to what the model policy is. If we look at any of the research that has come out in the last 10 years, American Academy of Pediatrics, American Heart Association, um, every single organization recommends that kids have 20 minutes to eat and recess first. Um, I understand that, uh, that's not possible in some places and there is no mandate to this. It's just have a discussion and get some feedback and, you know, you might be able to see where you can shave off three minutes and add it in. I had kids coming home crying, um, for years about how they didn't have time to eat lunch. They had 15 minutes to go to the restroom and wash their hands, get in line and sit down. And by the time that they were done, um, that was three or four minutes to eat. And obviously that's not enough to actually, um, have all of our food. We, we waste $1.2 billion in America throwing away food from the school lunch program. And that equates to 39 pounds per kid in the school system here in Utah. And, um, last year with our good representative from Provo, we decided to fund $5 million to pay for the family portion of reduced lunch. So kids would be getting this nutritious meal, which we heard was their most nutritious meal of the day. They were going to be getting that for free. And so if we are funding that with taxpayer dollars, I wanna make sure that the kids have the time to actually eat it. And while we're not mandating anything, I would like the schools to look at why everyone recommends that they have this amount of food. And if as proposed we fund another $8 million this year to cover that family portion of reduced lunch, that's more taxpayer money going towards what we say is such a worthy, worthy thing. Um, I would also say that, um, there is a, a provision in there to have a sharing table. So instead of kids throwing away their food, if there's food that's untouched, un eaten, they can put it on, on a sharing table for someone who might actually want that food instead of throwing it away. And there are schools, a lot of schools who have done this, and especially before COVID, this was a thing, it falls within the USDA guidelines of leaving out food. And it's the same food that they would go and get through the line. So the allergies wouldn't have any sort of other, um, exposure as, as far as that goes. It, it wouldn't be people bringing food from home and leaving it on the table. So with that, I will open myself to questions.

  20. Speaker Pro Tem (presiding)38:36

      Thank you representative er discussion to the bill Representative Cutler.

  21. Rep. Paul A. Cutler38:41

      Thank you, Mr. Speaker with a sponsor yield to a series of questions.

  22. Speaker Pro Tem (presiding)38:45

      The sponsor yield to a series of questions. Yes, go ahead.

  23. Rep. Paul A. Cutler38:47

      Uh, first I wanna thank the sponsor for making improvements to the, uh, school lunch sections. I, I support her efforts there and I think those are good improvements. My question or concern is around the recess and more around teacher, uh, ability for teachers to have any, uh, ability to discipline students or help create order in their classroom. It may surprise some of you, but when I was, uh, in elementary school, I was asked to stay in from recess sometimes for, uh, behavior issues. And, uh, and that was a, a form of discipline that we used back in the, uh, the past century. Uh, and it seems like we are, are now eliminating another tool that teachers have to help keep order in their classroom. And I wanted to under, uh, not being an educator myself, wanted to understand why we would take that tool away from from teachers.

  24. Rep. Tiara Auxier39:44

      Yeah. Thank you Mr. Speaker Proti. Um, I, I am all about teachers having tools to discipline. And you can see that there was an amendment made in committee that we made sure that if there were problems happening during recess, then they could in fact take away recess privileges. But when there's no connection and it's inside the classroom, um, all the evidence shows that kids who actually are getting in trouble and getting recess taken away are the ones who really need recess. Over the last 10, 15, 20 years, uh, schools have been reducing recess time more and more and more. And, and kids have very little time to go out and, and play. And if we wanna talk about doing evidence-based research and decisions, everything shows that they retain their information better, they're better behaved, and um, it's, it's better for them physically if they have the chance to have some physical movement. So there, I'm all about teachers having tools, but this one seems to be an easy one to take away where maybe it doesn't necessarily, um, reflect the cause with that.

  25. Rep. Paul A. Cutler40:52

      Thank you, Mr. Speaker. If this policy been placed, maybe I would've turned out a little bit better.

  26. Speaker Pro Tem (presiding)40:58

      Thank you, Representative Cutler. Further discussion, Representative Watkins.

  27. Rep. Christine F. Watkins41:04

      Thank you, Mr. Speaker ProAm, will the sponsor yield to a question Sponsor yield?

  28. Rep. Tiara Auxier41:09speaker not certain

      I would be happy to go Ahead. Thank you.

  29. Rep. Christine F. Watkins41:11

      Um, I, I noticed on there you have the sharing table and I understand the concept of that. Uh, and, and back when I was a teacher and I realized that this too was in the last century, um, we had truly homemade meals in our school, and then gradually we've had people who thought they knew better take that away. And most of it is prepackaged now. And, um, having raised a grandson recently for many years, he refused to eat that prepackaged food he would have. He liked breakfast, but he didn't like the lunches and he still doesn't, so he has a debit card so he can buy something to eat at the snack bar or whatever you call it. So, uh, one of the things I noticed as things changed over the years is that kids just didn't like the food. So to me that's more of a problem than, than what some of these other things have. Have you noticed that with your, uh, children?

  30. Rep. Tiara Auxier42:20

      Um, they gave us your speaker pro Tim. I would love to look at school lunch in general. A lot of that has to do with federal regulations. I mean, back a couple administrations ago, they changed it where ketchup actually counts as a vegetable, which I would disagree with. So I think there's all sorts of problems, but I do know that there are many school districts who are still cooking from scratch and there are many not. And it, that is totally their choice and local control. Um, and, and I would hope that they would try to promote whole nutritious, healthy food as much as possible. Um, but that, that is beyond the scope of this bill right now.

  31. Rep. Christine F. Watkins42:58

      Thank you, Mr. Speaker Pro tem.

  32. Speaker Pro Tem (presiding)43:00

      Thank you, Representative Watkins. Further discussion Representative Arthur.

  33. Rep. John Arthur43:06

      Thank you Mr. Speaker ProAm. Will the sponsor yield to a series of questions? Will the sponsor yield to a series of questions?

  34. Speaker Pro Tem (presiding)43:11

      Yes, go ahead.

  35. Rep. John Arthur43:14

      First of all, I want to applaud the sponsor for, for amending this bill and, and bringing in this sub. It is better, but I still have a couple of questions. This, this bill still requires a number of different steps as I understand it, that the school community council hold a meeting dedicated to this. And then following the meeting, the principal of each school must send a signed written assurance to the state board confirming the occurrence of the meeting and detailing the proposed plan discussed at the meeting and the reasons for proposing the plan. Why must the principal of every, every school in Utah send this letter to the state board?

  36. Rep. Tiara Auxier43:50

      Mr. Speaker that was addressed with the, um, adoption of the new sub and the amendment. So right now, after they hold the meeting, it just on the regular assurance website that they have to do with the school trust lands where they say they hold different meetings already. They would just be saying, we held this meeting on this date, and the principal would just be, it's not any other new report. It's the same place where they already report other assurances to the school board.

  37. Rep. John Arthur44:18

      Uh, Mr. Speaker Pro tem on line, I believe it's 3 33 could be my angle. It says that the principle shall detail the pro proposed plan discussed at the meeting and the reasons for proposing the plan that that sounds like a, a new report, uh, as I read it, but if I'm incorrect on substitute, I would appreciate that. I'd be happy to look at that. Um, Mr. Speaker per Tim, what, what number was that again? Representative

  38. Speaker Pro Tem (presiding)44:42

      Arthur. What was the lang number on the second substitute?

  39. Rep. John Arthur44:44

      3 33. 3 33. Uh, subsection 2D one, Roman I On sub two, Maybe it's or

  40. Rep. Tiara Auxier45:01

      Okay, I'm happy to look at that and, and rewrite that. If, um, that got missed by the drafting attorney. Um, there is no rulemaking in community councils and this bill does not give them any rulemaking. So there's no plan that is being adopted. What they have, what in my bill and my intention is, is that they would say they had a meeting and then they would say what their school lunch plan or policy is right now, just to gather the data to kind of compare across the state.

  41. Rep. John Arthur45:30

      Mr. Speaker, bro, I appreciate that clarification. Online. 3 33. It does require every principal in the state of Utah to send this detailed proposed plan that was brought up at their school community council. I, I fear that that would add a great burden to our school administrators as well as the staff at the State Board of Education who would have to then receive and, and look through those plans as a school teacher. I'll just share this little bit of experience. We, at my school implemented this, this target goal where you had recess before lunch and we had 30 minute lunches at the time. Students could not come inside any slower from recess. Uh, when we implemented this plan recess, they would, you know, blow the whistle and then they would drag it out four to five minutes. Students would then come in, move through the line. I, as a teacher would go to pick up my class at 1230 after 30 minutes, and I was ready to teach math. But I would get to the cafeteria and my school cafeteria manager would say, they just got in here five minutes ago, we gotta wait 15 more minutes. So they have 20 minutes of seated time. So I would sit in the cafeteria with my students, say, Hey, how was recess? That looks delicious. And then, you know, a lot of students are just sitting there for 12 minutes, not eating, not doing anything. And I'm like, Hey, you guys wanna like start doing math? But we couldn't because we had received this prescriptive guidance. Thankfully, ultimately the decision was made to leave it to the schools, our locals, to make the decision that made the most sense for their classes. And sometimes we even specify it down to the grade level, giving older kids more time outside versus the younger kids who need more time in the cafeteria. The more we try to prescribe one format for dealing with school lunch and recess, the less able we are to adapt plans to meet the needs of our students. Thank you Mr. Speaker ProAm. That's why I'll be voting. No, thank

  42. Speaker Pro Tem (presiding)47:28

      You. Representative Arthur. Representative.

  43. Rep. John Arthur47:32

      Um, could I respond to that or that

  44. Speaker Pro Tem (presiding)47:34

      Was not a question representative. Okay. Representative Matthews.

  45. Rep. Ashlee Matthews47:39

      Uh, thank you, Mr. Speaker. Em, um, I actually rise in support of this bill, sorry, teachers, um, um, understanding that I, I don't, um, live in the, the teacher perspective of the space, but I am a mom and my school age, kids come home from school and I unpack and almost full lunch every single day. And when I say, Hey dude, how come the only thing missing from your lunchbox is your Capri sun? And they say, I didn't have time. Um, our school has shortened recesses, which, um, for, for my boys who have a DHD, who would've, who would've guessed, um, they, uh, also have been getting, uh, in trouble getting notes sent home for, um, being extra wiggly, extra disruptive, and extra obnoxious. So again, they come by it honestly. But, um, I really like, um, the step that this takes where, where I'm also a member of my school's community council and my school PTA. So I like that as a parent, um, we are able to have more meaningful conversations with the principals and, um, and get this to, um, a more appropriate place for our schools and for our kids. So thank you.

  46. Speaker Pro Tem (presiding)48:52

      Thank you Representative Matthews. Further discussion Representative Wilcox.

  47. Rep. Ryan D. Wilcox48:57

      Thank you Mr. Speaker Pro Tam, will the sponsor answer a question?

  48. Speaker Pro Tem (presiding)49:00

      The sponsor yield to a question? Yes, go ahead.

  49. Rep. Ryan D. Wilcox49:03

      Do we know, uh, what the percentage of our, our children are who, who are diagnosed with A DHD or on IEPs?

  50. Rep. Tiara Auxier49:11

      I don't have that information off the top of my head right now.

  51. Rep. Ryan D. Wilcox49:14

      I've heard estimates, uh, Mr. Speaker Pro Tam, from everything from, uh, 30% to 60%. I don't know what the real number is, but I know, um, again, what what my spouse deals with in her classroom. And I think, uh, I think we're underestimating the damage that we've done as we've kind of pulled back on recess, we've pulled back on real play for especially early childhood small children who frankly need more play time and less structured computer time. We have seen the studies recently, we've talked about here on the floor with, uh, you know, screen time, uh, no more than two hours a week. Sometimes they're saying is until it comes damaging, but we've incorporated that even into early childhood in your early kindergarten and, and first grade through third grade classrooms. And frankly, um, the school lunch part aside that is very different. I think we've missed the boat on that. Most of what my kids get sent home is, uh, processed food where they get at lunch, things that I wouldn't feed 'em anyway, things that I have to keep telling the school and very kindly and asking them not to send home with my child at the end of the school day. I don't want him eating that at school or home or anywhere. Um, but, uh, I would appreciate a little more flexibility and frankly prioritizing that physical movement, that physical activity that we've lost because as it is with most kids, with, uh, with a DD and those related conditions, frankly they are much better after they come in from that activity. So I would encourage the support of the bill, I'm happy to help the sponsor and work with her if I can on any committee changes that are necessary. But I would encourage your support, please. Thank you.

  52. Speaker Pro Tem (presiding)50:51

      Thank you Representative Wilcox. Further discussion, Representative Shelley call to question previous question has been called, which has the effective ending debate. All in favor say aye. Aye. I Opposed say no. Motion carries representative for summation.

  53. Rep. Tiara Auxier51:10

      Thank you so much. I too am a believer in local control and nothing in this bill is making any schools change what they are doing right now. It is just asking them to look at the research and look at what best practices are. We always want to make evidence-based decisions and this is one that is clear that if I have had people reach out to me across the state telling me what a problem it is, that their kids don't have time to eat lunch. And then we have all sorts of behavior problems and inabilities to be able to focus because these kids are so hungry. So I would love schools to make the choice themselves to go towards this, but that's not what this bill is doing. It is just asking them to get some input on their community council and have a discussion about this. And I would urge your support. Thank you.

  54. Speaker Pro Tem (presiding)51:58

      Thank you. Representative Ox here. Voting votes open on second substitute house bill four 40 school lunch amendments, seeing all present having voted voting will be closed. Second substitute house bill for 40, having received 50 yay votes and 18 NA votes passes a house and be transmitted to the Senate for its consideration. Representative or matter meeting clerk

• Feb 23, 2026 House floor debate▶ Watch
  Transcript (52 turns)

  1. Unknown speaker31:29speaker not certain

     Motion to adopt second sub for HB four 40. Motion, Mr. Do accept, uh, adopt second substitute house bill four 40.

  2. Speaker (presiding)31:39

     That's in order. Would you like to speak to it?

  3. Rep. Tiara Auxier31:40

     Yeah. This is taking into account the multiple conversations that I've been having with different school districts and charter schools and taking out some of the language that was giving them heartburn, um, which they thought felt a little restrictive. And I wanted to make sure that they knew that, um, this was not mandated. Just discussions. So that that language is, is softening what, what they were concerned about.

  4. Speaker (presiding)32:07

     Thank you. Representative Ox here. The motion is to adopt second substitute house bill four 40. Discussion to the motion Representative Thurston.

  5. Rep. Norman K Thurston32:16

     Thank you Mr. Speaker. Will the sponsor yield to a series of questions? The Sponsor yield to a series of questions?

  6. Rep. Tiara Auxier32:21

     I will, Yes. Go ahead.

  7. Rep. Norman K Thurston32:23

     Yeah, I just wanna make sure. Um, so in the current version, not the proposed version around 3 0 9 3 42, somewhere there, there's a lot of little details that could make things burdensome on schools. And it kind of feels like that we're saying, well, you can decide whatever you want for your school. Uh, but we have this target of having recess before lunch and you need to kinda get there. So is is that issue been addressed in the proposed substitute?

  8. Rep. Tiara Auxier32:49

     Yeah, so the words target goal, um, was what was concerning. What it is really identifying is, is hearkening to US B'S model policy past three years ago and, and just saying, look at that model policy and look at the research around it. It's, it says that the way for children to thrive is by having 20 minutes to eat lunch and recess first where possible. So that is what it is referencing. It's not saying that they have to do that, that is just referencing that model policy.

  9. Rep. Norman K Thurston33:19

     Thank you Then. So with that, with those changes, um, do you believe that addresses the concerns of U-S-B-A-I?

  10. Rep. Tiara Auxier33:26

      I think it addresses a lot of the concerns. I think, um, there are some people who will never be happy with, uh, anything that is being asked. But if we look at the way that, um, community councils already have to hold meetings for different things, this is just adding one of those. They already have to do it for safe routes. They already have to do it for digital technology. This would just be, uh, and this is same in this sub or the next, but it's just saying, Hey, hold, hold a meeting and look at the model policy from the USBE, um, recommendation. That's all.

  11. Rep. Norman K Thurston34:01

      Okay. Thank you Mr. Speaker. I would encourage adoption of the second sub. Thank you.

  12. Speaker (presiding)34:06

      Thank you Representative Thurston. Further discussion to the bill, to the motion to adopt second substitute. Seeing none represented Voxer for summation to adopt the substitute I'll waive Motion is waived to place the motion to adopt second substitute house bill four 40. All in favor say aye. Opposed? Say no. Motion carries Is substitute is adopted.

  13. Speaker (presiding)34:30

      Representative Voxer?

  14. Rep. Tiara Auxier34:31

      Yeah. Motion to adopt amendment or house amendment. One. Motion is to adopt amendment number one. That's in order. I'd like to speak to it. Yeah. Um, in, in the language originally about, um, how they were going to say when they had that meeting. Um, it said like a written assurance and we took that out to just show it's the same assurance that they do with all other trust lands. Like it's just on a website that they just have to check.

  15. Speaker (presiding)35:01

      Thank you. The motion is to adopt amendment number one. Discussion to the motion. Scene none representative here. For summation, I Waive Commissions. Wa the motion is to adopt amendment number one. Second sub house bill two 40 or four 40. All in favor say aye. Opposed say no.

  16. Speaker (presiding)35:18

      Motion carries the bill as amended Representative ox air.

  17. Rep. Tiara Auxier35:22

      All right, thank you. Um, colleagues, as you can tell, I've been meeting a lot with schools and have a lot of subs and amendments on here trying to, um, address most of the concerns. Um, if, if we look three years ago, USBE passed model policy that said, Hey, you know what, the best thing for children for them to be able to thrive is if they had 20 minutes to eat lunch and if they had recess first. And so, um, this bill is asking the community council, which consists of administration and the principals and some parents to hold a meeting where they look at their own policy and compare it to what the model policy is. If we look at any of the research that has come out in the last 10 years, American Academy of Pediatrics, American Heart Association, um, every single organization recommends that kids have 20 minutes to eat and recess first. Um, I understand that, uh, that's not possible in some places and there is no mandate to this. It's just have a discussion and get some feedback and, you know, you might be able to see where you can shave off three minutes and add it in. I had kids coming home crying, um, for years about how they didn't have time to eat lunch. They had 15 minutes to go to the restroom and wash their hands, get in line and sit down. And by the time that they were done, um, that was three or four minutes to eat. And obviously that's not enough to actually, um, have all of our food. We, we waste $1.2 billion in America throwing away food from the school lunch program. And that equates to 39 pounds per kid in the school system here in Utah. And, um, last year with our good representative from Provo, we decided to fund $5 million to pay for the family portion of reduced lunch. So kids would be getting this nutritious meal, which we heard was their most nutritious meal of the day. They were going to be getting that for free. And so if we are funding that with taxpayer dollars, I wanna make sure that the kids have the time to actually eat it. And while we're not mandating anything, I would like the schools to look at why everyone recommends that they have this amount of food. And if as proposed we fund another $8 million this year to cover that family portion of reduced lunch, that's more taxpayer money going towards what we say is such a worthy, worthy thing. Um, I would also say that, um, there is a, a provision in there to have a sharing table. So instead of kids throwing away their food, if there's food that's untouched, un eaten, they can put it on, on a sharing table for someone who might actually want that food instead of throwing it away. And there are schools, a lot of schools who have done this, and especially before COVID, this was a thing, it falls within the USDA guidelines of leaving out food. And it's the same food that they would go and get through the line. So the allergies wouldn't have any sort of other, um, exposure as, as far as that goes. It, it wouldn't be people bringing food from home and leaving it on the table. So with that, I will open myself to questions.

  18. Speaker (presiding)38:36

      Thank you representative er discussion to the bill Representative Cutler.

  19. Rep. Jackie Larson38:41

      Thank you, Mr. Speaker with a sponsor yield to a series of questions. The sponsor yield to a series of questions. Yes, go ahead.

  20. Rep. Paul A. Cutler38:47

      Uh, first I wanna thank the sponsor for making improvements to the, uh, school lunch sections. I, I support her efforts there and I think those are good improvements. My question or concern is around the recess and more around teacher, uh, ability for teachers to have any, uh, ability to discipline students or help create order in their classroom. It may surprise some of you, but when I was, uh, in elementary school, I was asked to stay in from recess sometimes for, uh, behavior issues. And, uh, and that was a, a form of discipline that we used back in the, uh, the past century. Uh, and it seems like we are, are now eliminating another tool that teachers have to help keep order in their classroom. And I wanted to under, uh, not being an educator myself, wanted to understand why we would take that tool away from from teachers.

  21. Rep. Tiara Auxier39:44

      Yeah. Thank you Mr. Speaker Proti. Um, I, I am all about teachers having tools to discipline. And you can see that there was an amendment made in committee that we made sure that if there were problems happening during recess, then they could in fact take away recess privileges. But when there's no connection and it's inside the classroom, um, all the evidence shows that kids who actually are getting in trouble and getting recess taken away are the ones who really need recess. Over the last 10, 15, 20 years, uh, schools have been reducing recess time more and more and more. And, and kids have very little time to go out and, and play. And if we wanna talk about doing evidence-based research and decisions, everything shows that they retain their information better, they're better behaved, and um, it's, it's better for them physically if they have the chance to have some physical movement. So there, I'm all about teachers having tools, but this one seems to be an easy one to take away where maybe it doesn't necessarily, um, reflect the cause with that.

  22. Rep. Paul A. Cutler40:52

      Thank you, Mr. Speaker. If this policy been placed, maybe I would've turned out a little bit better.

  23. Speaker (presiding)40:58

      Thank you, Representative Cutler. Further discussion, Representative Watkins.

  24. Rep. Christine F. Watkins41:04

      Thank you, Mr. Speaker ProAm, will the sponsor yield to a question Sponsor yield?

  25. Rep. Tiara Auxier41:09

      I would be happy to go Ahead. Thank you.

  26. Rep. Christine F. Watkins41:11

      Um, I, I noticed on there you have the sharing table and I understand the concept of that. Uh, and, and back when I was a teacher and I realized that this too was in the last century, um, we had truly homemade meals in our school, and then gradually we've had people who thought they knew better take that away. And most of it is prepackaged now. And, um, having raised a grandson recently for many years, he refused to eat that prepackaged food he would have. He liked breakfast, but he didn't like the lunches and he still doesn't, so he has a debit card so he can buy something to eat at the snack bar or whatever you call it. So, uh, one of the things I noticed as things changed over the years is that kids just didn't like the food. So to me that's more of a problem than, than what some of these other things have. Have you noticed that with your, uh, children?

  27. Rep. Tiara Auxier42:20

      Um, they gave us your speaker pro Tim. I would love to look at school lunch in general. A lot of that has to do with federal regulations. I mean, back a couple administrations ago, they changed it where ketchup actually counts as a vegetable, which I would disagree with. So I think there's all sorts of problems, but I do know that there are many school districts who are still cooking from scratch and there are many not. And it, that is totally their choice and local control. Um, and, and I would hope that they would try to promote whole nutritious, healthy food as much as possible. Um, but that, that is beyond the scope of this bill right now.

  28. Rep. Christine F. Watkins42:58

      Thank you, Mr. Speaker Pro tem.

  29. Speaker (presiding)43:00

      Thank you, Representative Watkins. Further discussion Representative Arthur.

  30. Rep. John Arthur43:06

      Thank you Mr. Speaker ProAm. Will the sponsor yield to a series of questions? Will the sponsor yield to a series of questions?

  31. Speaker (presiding)43:11

      Yes, go ahead.

  32. Rep. John Arthur43:14

      First of all, I want to applaud the sponsor for, for amending this bill and, and bringing in this sub. It is better, but I still have a couple of questions. This, this bill still requires a number of different steps as I understand it, that the school community council hold a meeting dedicated to this. And then following the meeting, the principal of each school must send a signed written assurance to the state board confirming the occurrence of the meeting and detailing the proposed plan discussed at the meeting and the reasons for proposing the plan. Why must the principal of every, every school in Utah send this letter to the state board?

  33. Rep. Tiara Auxier43:50

      Mr. Speaker that was addressed with the, um, adoption of the new sub and the amendment. So right now, after they hold the meeting, it just on the regular assurance website that they have to do with the school trust lands where they say they hold different meetings already. They would just be saying, we held this meeting on this date, and the principal would just be, it's not any other new report. It's the same place where they already report other assurances to the school board.

  34. Rep. John Arthur44:18

      Uh, Mr. Speaker Pro tem on line, I believe it's 3 33 could be my angle. It says that the principle shall detail the pro proposed plan discussed at the meeting and the reasons for proposing the plan that that sounds like a, a new report, uh, as I read it, but if I'm incorrect on substitute, I would appreciate that.

  35. Rep. Tiara Auxier44:37

      I'd be happy to look at that. Um, Mr. Speaker per Tim, what, what number was that again? Representative Arthur. What was the lang number on the second substitute?

  36. Rep. John Arthur44:44

      3 33. 3 33. Uh, subsection 2D one, Roman I On sub two, Maybe it's or

  37. Rep. Tiara Auxier45:01

      Okay, I'm happy to look at that and, and rewrite that. If, um, that got missed by the drafting attorney. Um, there is no rulemaking in community councils and this bill does not give them any rulemaking. So there's no plan that is being adopted. What they have, what in my bill and my intention is, is that they would say they had a meeting and then they would say what their school lunch plan or policy is right now, just to gather the data to kind of compare across the state.

  38. Rep. John Arthur45:30

      Mr. Speaker, bro, I appreciate that clarification. Online. 3 33. It does require every principal in the state of Utah to send this detailed proposed plan that was brought up at their school community council. I, I fear that that would add a great burden to our school administrators as well as the staff at the State Board of Education who would have to then receive and, and look through those plans as a school teacher. I'll just share this little bit of experience. We, at my school implemented this, this target goal where you had recess before lunch and we had 30 minute lunches at the time. Students could not come inside any slower from recess. Uh, when we implemented this plan recess, they would, you know, blow the whistle and then they would drag it out four to five minutes. Students would then come in, move through the line. I, as a teacher would go to pick up my class at 1230 after 30 minutes, and I was ready to teach math. But I would get to the cafeteria and my school cafeteria manager would say, they just got in here five minutes ago, we gotta wait 15 more minutes. So they have 20 minutes of seated time. So I would sit in the cafeteria with my students, say, Hey, how was recess? That looks delicious. And then, you know, a lot of students are just sitting there for 12 minutes, not eating, not doing anything. And I'm like, Hey, you guys wanna like start doing math? But we couldn't because we had received this prescriptive guidance. Thankfully, ultimately the decision was made to leave it to the schools, our locals, to make the decision that made the most sense for their classes. And sometimes we even specify it down to the grade level, giving older kids more time outside versus the younger kids who need more time in the cafeteria. The more we try to prescribe one format for dealing with school lunch and recess, the less able we are to adapt plans to meet the needs of our students.

  39. Rep. John Arthur47:25

      Thank you Mr. Speaker ProAm. That's why I'll be voting. No, thank

  40. Speaker (presiding)47:28

      You. Representative Arthur. Representative.

  41. Rep. John Arthur47:32

      Um, could I respond to that or that

  42. Speaker (presiding)47:34

      Was not a question representative. Okay. Representative Matthews.

  43. Rep. Tracy Miller47:39

      Uh, thank you, Mr. Speaker. Em, um, I actually rise in support of this bill, sorry, teachers, um, um, understanding that I, I don't, um, live in the, the teacher perspective of the space, but I am a mom and my school age, kids come home from school and I unpack and almost full lunch every single day. And when I say, Hey dude, how come the only thing missing from your lunchbox is your Capri sun? And they say, I didn't have time. Um, our school has shortened recesses, which, um, for, for my boys who have a DHD, who would've, who would've guessed, um, they, uh, also have been getting, uh, in trouble getting notes sent home for, um, being extra wiggly, extra disruptive, and extra obnoxious. So again, they come by it honestly. But, um, I really like, um, the step that this takes where, where I'm also a member of my school's community council and my school PTA. So I like that as a parent, um, we are able to have more meaningful conversations with the principals and, um, and get this to, um, a more appropriate place for our schools and for our kids. So thank you.

  44. Speaker (presiding)48:52

      Thank you Representative Matthews. Further discussion Representative Wilcox.

  45. Rep. Ryan D. Wilcox48:57

      Thank you Mr. Speaker Pro Tam, will the sponsor answer a question?

  46. Speaker (presiding)49:00

      The sponsor yield to a question? Yes, go ahead.

  47. Rep. Ryan D. Wilcox49:03

      Do we know, uh, what the percentage of our, our children are who, who are diagnosed with A DHD or on IEPs? I don't have that information off the top of my head right now. I've heard estimates, uh, Mr. Speaker Pro Tam, from everything from, uh, 30% to 60%. I don't know what the real number is, but I know, um, again, what what my spouse deals with in her classroom. And I think, uh, I think we're underestimating the damage that we've done as we've kind of pulled back on recess, we've pulled back on real play for especially early childhood small children who frankly need more play time and less structured computer time. We have seen the studies recently, we've talked about here on the floor with, uh, you know, screen time, uh, no more than two hours a week. Sometimes they're saying is until it comes damaging, but we've incorporated that even into early childhood in your early kindergarten and, and first grade through third grade classrooms. And frankly, um, the school lunch part aside that is very different. I think we've missed the boat on that. Most of what my kids get sent home is, uh, processed food where they get at lunch, things that I wouldn't feed 'em anyway, things that I have to keep telling the school and very kindly and asking them not to send home with my child at the end of the school day. I don't want him eating that at school or home or anywhere. Um, but, uh, I would appreciate a little more flexibility and frankly prioritizing that physical movement, that physical activity that we've lost because as it is with most kids, with, uh, with a DD and those related conditions, frankly they are much better after they come in from that activity. So I would encourage the support of the bill, I'm happy to help the sponsor and work with her if I can on any committee changes that are necessary. But I would encourage your support, please. Thank you.

  48. Speaker (presiding)50:51

      Thank you Representative Wilcox.

  49. Rep. Troy Shelley50:53

      Further discussion, Representative Shelley call to question

  50. Speaker (presiding)50:59

      previous question has been called, which has the effective ending debate. All in favor say aye. Aye. I Opposed say no. Motion carries representative for summation.

  51. Rep. Tiara Auxier51:10

      Thank you so much. I too am a believer in local control and nothing in this bill is making any schools change what they are doing right now. It is just asking them to look at the research and look at what best practices are. We always want to make evidence-based decisions and this is one that is clear that if I have had people reach out to me across the state telling me what a problem it is, that their kids don't have time to eat lunch. And then we have all sorts of behavior problems and inabilities to be able to focus because these kids are so hungry. So I would love schools to make the choice themselves to go towards this, but that's not what this bill is doing. It is just asking them to get some input on their community council and have a discussion about this. And I would urge your support. Thank you.

  52. Speaker (presiding)51:58

      Thank you. Representative Ox here. Voting votes open on second substitute house bill four 40 school lunch amendments, seeing all present having voted voting will be closed. Second substitute house bill for 40, having received 50 yay votes and 18 NA votes passes a house and be transmitted to the Senate for its consideration. Representative or matter meeting clerk