(1) The department shall establish a school day milk program. A public, private, or tribal school participating in the program shall offer each eligible child one half-pint of Wisconsin-produced whole milk, 2 percent milk, 1.5 percent milk, one percent milk, 0.5 percent milk, skim milk or chocolate milk on each day in which school is in session. If a child is allergic to milk or has metabolic disorders or other conditions which prohibit him or her from drinking milk, the child shall be offered juice as a substitute. Any school that participates in the program is encouraged to consider bids from local milk suppliers. The school shall keep all information related to the identity of the pupils who receive a beverage under the program confidential. In this subsection, “Wisconsinproduced” means that all or part of the raw milk used by the milk processor was produced in this state. In this section, “public, private, or tribal school” includes a charter school under s. 118.40 (2r) or (2x), the program under s. 115.52, the center under s. 115.525, or a residential care center for children and youth, as defined in s. 115.76 (14g). (2) A child who is enrolled in a school in prekindergarten classes to grade 5 is eligible to receive a beverage specified in sub. (1) if all of the following apply: (a) The child does not receive the beverage through the federal special milk program under 42 USC 1772 (b). (b) The child meets the income eligibility standard for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b) (1). (c) The child does not receive the beverage during the school’s breakfast or lunch period. (3) The department shall pay each participating school the full cost of beverages under sub. (1) served to children eligible under sub. (2) in the prior school year from the appropriation under s. 20.255 (2) (cp). (4) If the appropriation under s. 20.255 (2) (cp) in any fiscal year is insufficient to pay the full amount of aid under this section, state aid payments shall be prorated among the schools entitled to such aid. (5) The department shall maintain a count of the number of children who are served beverages under this section.
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