Bill Text: NJ A5573 | 2022-2023 | Regular Session | Amended
Bill Title: Requires public and nonpublic schools with lunch programs to provide free lunch to increasing numbers of income-eligible students and, after five-year phase-in, to provide free lunch to all students, regardless of income or federal eligibility.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2023-06-27 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A5573 Detail]
Download: New_Jersey-2022-A5573-Amended.html
[First Reprint]
ASSEMBLY, No. 5573
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED JUNE 8, 2023
Sponsored by:
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Co-Sponsored by:
Assemblywoman McKnight
SYNOPSIS
Requires public and nonpublic schools with lunch programs to provide free lunch to increasing numbers of income-eligible students and, after five-year phase-in, to provide free lunch to all students, regardless of income or federal eligibility.
CURRENT VERSION OF TEXT
As reported by the Assembly Budget Committee on June 27, 2023, with amendments.
An Act concerning school meals programs and student access to free school lunches, supplementing Title 18A of the New Jersey Statutes, and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2022, c.104 (C.18A:33-3.2) is amended to read as follows:
1. As used in this chapter:
"Categorically eligible" means that a student is homeless, is a migrant child, is a runaway child, is a foster child, or is a Head Start child, as defined in 7 C.F.R. Part 245, or is receiving assistance under the Supplemental Nutrition Assistance Program (SNAP), the Temporary Assistance for Needy Families Program (TANF), the Food Distribution Program on Indian Reservations (FDPIR), or, to the extent that the United States Department of Agriculture authorizes the matching of Medicaid data to identify children who are eligible for free school meals, is a participant in the Medicaid program, and which student, by virtue of such status, is automatically eligible to be certified to receive free school meals under the National School Lunch Program or the federal School Breakfast Program, without first submitting an application or being subject to the federal income verification requirements established by 7 C.F.R. Part 245.
"Community Eligibility Provision" means a type of special assistance alternative, identified at 7 C.F.R. Part 245, pursuant to which the United States Department of Agriculture provides reimbursement for free school meals that are provided by eligible, high-poverty local educational agencies and schools that participate in both the National School Lunch Program and the federal School Breakfast Program.
"Eligible student" means a student who is [either] categorically eligible [or], income-eligible, or statutorily eligible for one or more [free or reduced price] subsidized school meals.
"Emergency meals distribution program" means [the] a program, established under section 1 of P.L.2020, c.6 (C.18A:33-27.2), pursuant to which a school district is required to provide subsidized school meals to eligible students, through designated distribution sites, during any period in which [the schools] a school in the district [are] is subject to a public health-related closure due to the COVID-19 pandemic.
"Federal School Breakfast Program" means the federal reimbursement program, established under the "Child Nutrition Act of 1966," 42 U.S.C. s.1771 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school breakfast programs and facilitate the provision of free and reduced price breakfasts to eligible students.
"Federally eligible for free or reduced price meals" or "federally eligible" means that a student is categorically eligible for free lunch under the National School Lunch Program or for free breakfast under the federal School Breakfast Program, or that the student satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, as is necessary to federally qualify for and receive free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.
"Federally ineligible for free or reduced price meals" or "federally ineligible" means that a student is not categorically eligible for, and fails to satisfy federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, as is necessary for the student to federally qualify for and receive free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.
"Income-eligible" means that a student either satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, or satisfies State-level income eligibility requirements, set forth in subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) or subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a), as is necessary for the student to qualify for and receive [free or reduced price] subsidized lunch under the National School Lunch Program or [free or reduced price] subsidized breakfast under the federal School Breakfast Program, on the basis of income.
"Low-income family" means a family with an annual household income amounting to not more than 185 percent of the federal poverty level.
"Middle-income family" means a family with an annual household income amounting to not less than 186 percent, and not more than [199] 399 percent, of the federal poverty level.
"National School Lunch Program" means the federal reimbursement program established under the "Richard B. Russell National School Lunch Act," 42 U.S.C. s.1751 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school lunch programs and facilitate the provision of free and reduced price lunches to eligible students.
1"Participating school" means a public or nonpublic school that provides daily lunch to enrolled students, through a school lunch program operated pursuant to the National School Lunch Program, or that provides daily breakfast to enrolled students, through a school breakfast program or breakfast after the bell program operated pursuant to the federal School Breakfast Program, or both.
"Participating school district or nonpublic school" means a public school district or a nonpublic school that is required, or elects, to participate in the National School Lunch Program, the federal School Breakfast Program, or both, as the case may be.1
"School breakfast program" means a program that is established and operated by a public or nonpublic school, in accordance with the requirements of the federal School Breakfast Program and, in the case of a public school, in accordance with a plan adopted pursuant to section 2 of P.L.2003, c.4 (C.18A:33-10) or section 6 of P.L.2022, c.104 (C.18A:33-10.1), and pursuant to which the school offers daily breakfasts to all enrolled students.
"School lunch program" means a program that is established and operated by a school district1, or by a nonpublic school1, in accordance with the requirements of the National School Lunch Program and the provisions of section 1 of P.L.1974, c.53 (C.18A:33-4), and pursuant to which the district 1or nonpublic school1 offers daily lunches to all students enrolled 1[in the district] therein1.
"Special assistance alternative" means a special nutrition assistance alternative federal reimbursement method that is authorized by the United States Department of Agriculture, pursuant to 42 U.S.C. s.1759a and 7 C.F.R. Part 245, for eligible schools that serve free meals to all enrolled students. "Special assistance alternative" includes Provision 2, Provision 3, and the Community Eligibility Provision, as described in 7 C.F.R. Part 245, as well as any other similar alternative reimbursement method that is authorized by the United States Department of Agriculture, now or in the future, for schools that serve free meals to all enrolled students.
"Statutorily eligible" means that a student is statutorily authorized, pursuant to the provisions of subparagraph (f) of paragraph (4) of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), to receive free school lunch under a 1[district's]1 school lunch program 1operated by a participating school district or nonpublic school1, regardless of whether the student is categorically eligible or income-eligible for subsidized school meals.
"Student" means a child 18 years of age or younger who is enrolled at a school in the State.
["Subsidized student" means a categorically eligible student or income-eligible student who, as provided by subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) and subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a), is not required to pay for meals that are served to the student under the National School Lunch Program or the federal School Breakfast Program.]
"Subsidized school breakfast" or "subsidized breakfast" means a school breakfast that is offered to a categorically eligible or income-eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 12 of P.L.2022, c.104 (C.18A:33-14a).
"Subsidized school lunch" or "subsidized lunch" means a school lunch that is offered to a categorically eligible, income-eligible, or statutorily eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 1 of P.L.1974, c.53 (C.18A:33-4).
"Subsidized school meals" or "subsidized meals" includes both subsidized school breakfasts and subsidized school lunches.
"Subsidized school meals application" means an application that identifies a student's annual household income and is completed by the student's parent or guardian, pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1), subsection c. of section 1 of P.L.2015, c.15 (C.18A:33-21), or applicable federal law, and which may be used by a school 1[or]1 district 1, or by a public school or nonpublic school,1 both for the purposes of determining whether a student is income-eligible for subsidized school meals and for the other limited purposes specified in subsection c. of section 16 of P.L.2022, c.104 (C.18A:33-21b1).
"Subsidized school meals certification process" or "subsidized meals certification" means the process pursuant to which a school or school district obtains and reviews a student's subsidized school meals application, or engages in the review of other relevant documentation and materials pertaining to the student, as necessary to determine whether the student is categorically eligible, income-eligible, or statutorily eligible to receive subsidized school meals under the National School Lunch Program or federal School Breakfast Program, or both.
"Summer Food Service Program" means the federal reimbursement program, established under 42 U.S.C. s.1761 and
7 C.F.R. Part 225, pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help schools, local government agencies, nonprofit organizations, colleges and universities, and summer camps finance the administrative and operational costs of providing meals to children, in low-income areas, during the summer months and other planned periods of school closure.
"Summer meals program" means the Summer Food Service Program, the Seamless Summer Option authorized by
42 U.S.C. s.1761, or any other similar State or federal program that is designed to ensure that children have access to nutritious meals during the summer months and other planned periods of school closure.
["Unsubsidized student" means a student who is neither categorically eligible nor income-eligible for free or reduced price school meals, and who is, consequently, required to pay for any such meals that are served to the student under the National School Lunch Program or the federal School Breakfast Program.]
"Unreimbursed costs" means the costs of a school lunch or school breakfast, which costs are not eligible for reimbursement from the federal government.
"Unsubsidized school breakfast" or "unsubsidized breakfast" means a school breakfast that is offered, upon the payment of a fee, to a student who is neither categorically eligible nor income-eligible for subsidized breakfast, regardless of whether such student remains income-eligible or statutorily eligible for subsidized school lunch under the provisions of paragraph (4) of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), and the cost of which breakfast is not reimbursable by the State or federal government.
"Unsubsidized school lunch" or "unsubsidized lunch" means a school lunch that is offered, upon the payment of a fee, to a student who is not categorically eligible, income-eligible, or statutorily eligible for subsidized lunch, and the cost of which is not reimbursable by the State or federal government.
"Upper-income family" means a family with an annual household income amounting to not less than 400 percent of the federal poverty level.
(cf: P.L.2022, c.104, s.1)
2. Section 1 of P.L.1974, c.53 (C.18A:33-4) is amended to read as follows:
1. a. (1) Each school district shall make school lunch available to all students enrolled in the district, except at those schools that are exempt from the requirements of this section, as provided by section 2 of P.L.1974, c.53 (C.18A:33-5), within one year after the effective date of P.L.1974, c.53 (C.18A:33-4 et seq.). 1Each nonpublic school participating in the National School Lunch Program shall make school lunch available to all students enrolled at the nonpublic school within one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).1
(2) School lunches [made available] offered to students, pursuant to this section, shall meet minimum nutritional standards[,] established by the Department of Education.
(3) [Free or reduced price lunches, as appropriate, shall be] School lunches offered [, under a school lunch program,] to students, pursuant to this section, shall be made available, free of charge, to each student enrolled in the 1participating school1 district 1or nonpublic school,1 who is determined to be federally eligible for free or reduced price meals. As provided by section 1 of P.L.2019, c.445 (C.18A:33-21.1), [any student] the unreimbursed costs of free lunches being made available, pursuant to this paragraph, to students who [is] are eligible for [a] reduced price lunch, [pursuant to federal income eligibility standards and criteria, shall not be required to pay for such lunch] shall be borne by the State. [Free]
(4) Notwithstanding any law, rule, or regulation to the contrary, school lunches offered to students, pursuant to this section, shall also be [offered] made available, free of charge, to [each student] 1those1 students enrolled in the 1participating school1 district 1or nonpublic school,1 who are federally ineligible for free or reduced price meals, in accordance with the following schedule: (a) during the 2023-2024 school year, to each enrolled student who is federally ineligible for free or reduced price meals, but who has an annual household income that is not less than 186 percent, and not more than 199 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1); (b) during the 2024-2025 school year, to each enrolled student who is federally ineligible for free or reduced price meals, but who has an annual household income that is not less than 186 percent, and not more than 249 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1); (c) during the 2025-2026 school year, to each enrolled student who is federally ineligible for free or reduced price meals, but who has an annual household income that is not less than 186 percent, and not more than 299 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1); (d) during the 2026-2027 school year, to each enrolled student who is federally ineligible for free or reduced price meals, but who has an annual household income that is not less than 186 percent, and not more than 349 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1); (e) during the 2027-2028 school year, to each enrolled student who is federally ineligible for free or reduced price meals, but who has an annual household income that is not less than 186 percent, and not more than 399 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1); and (f) during the 2028-2029 school year, and during each school year thereafter, to each enrolled student who is federally ineligible for free or reduced price meals, regardless of the student's annual household income. As provided by subsection b. of this section, the unreimbursed costs of free lunches being offered to students who are federally ineligible for free or reduced price lunch shall be borne by the State.
b. The State shall provide funding to each 1participating1 school district 1[,] and nonpublic school,1 as may be necessary to reimburse the 1[costs associated with the district's provision] cost1 of free lunches 1being served thereby to federally ineligible students1, pursuant to subsection a. of this section1[, to students who are federally ineligible for free or reduced price meals]1.
c. The Department of Agriculture, in consultation with the Department of Education, shall annually prepare and submit, to the Governor and, pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), to the Legislature, a written report that identifies, for each 1[school and] participating1 school district 1and nonpublic school1 in the State:
(1) the methods that are being used 1[by each school or school district] thereby1 to facilitate the prompt identification and subsidized [meal] meals certification of students who are, respectively, categorically eligible [or], income-eligible, or statutorily eligible for free or reduced price lunch under the National School Lunch Program; [and]
(2) the total number and percentage of [income-eligible] students [from low-income families and from middle-income families, respectively, that are] receiving [free or reduced price] subsidized school lunches [under the National School Lunch Program and the provisions of this section] in the preceding school year who have been determined to be, respectively, federally eligible for free school lunch, federally eligible for reduced price lunch, income-eligible for free school lunch on the basis of State-level income requirements, or statutorily eligible for free school lunch; and
(3) the number and percentage of all students, identified pursuant to paragraph (2) of this subsection, who are, respectively, from low-income families, middle-income families, and upper-income families.
d. The Department of Agriculture, in consultation with the Department of Education, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this section, including, but not limited to, rules and regulations1:
(1)1 establishing a schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section 1; and
(2) establishing a standardized means by which the department will annually review the State reimbursement amounts being allocated under this section in order to determine whether, and the extent to which, participating school districts and nonpublic schools have received adequate reimbursement, from the State, sufficient to account for each participating school's actual costs of lunch delivery, including, but not limited to, food, labor, and other related costs1.
(cf: P.L.2022, c.104, s.2)
3. Section 3 of P.L.2003, c.4 (C.18A:33-11) is amended to read as follows:
3. In implementing a school lunch program, pursuant to P.L.1974, c.53 (C.18A:33-4 et seq.), a school breakfast program, pursuant to P.L.2003, c.4 (C.18A:33-9 et seq.) or section 6 of P.L.2022, c.104 (C.18A:33-10.1), or a breakfast after the bell program, pursuant to section 1 of P.L.2014, c.66 (C.18A:33-11.1) or section 2 of P.L.2018, c.25 (C.18A:33-11.3), each school and school district shall:
a. publicize, to parents and students, the availability of the respective school meals program, as well as the various ways in which a student may qualify to receive [free or reduced price] subsidized school meals under the program, as provided by subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) and subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a);
b. make every effort to ensure that [subsidized] students receiving subsidized school meals are not [recognized as program participants] identified, by the student body, faculty, or staff, in a manner that is [different] distinct from the manner in which [unsubsidized] students receiving unsubsidized school meals are [recognized] identified as program participants. Such efforts shall include, but need not be limited to, the establishment of a neutral meal plan or voucher system that does not make a distinction between [subsidized and unsubsidized] these two groups of students; and
c. [make every effort] to the greatest extent practicable:
(1) facilitate and expedite the prompt and accurate identification of categorically eligible students who may be certified to [participate in the program, on a] receive subsidized [basis,] school meals without first submitting an application therefor, and, whenever an application is required to establish income eligibility for subsidized meals, encourage students and their families to submit a subsidized school meals application for that purpose;
(2) facilitate and expedite[, to the greatest extent practicable,] the subsidized school meals application and income-eligibility determination processes that are used, by the school or school district, to certify a student for [free or reduced price] subsidized school meals on the basis of income, and assist parents and guardians in completing the subsidized school meals application; and
(3) encourage students who are [neither] not categorically eligible [nor], income-eligible, or statutorily eligible for [free or reduced price] subsidized school [meals] lunch or subsidized school breakfast to nonetheless participate in the school lunch program or school breakfast program, or both, as appropriate, on a paid and unsubsidized basis[, in the program].
(cf: P.L.2022, c.104, s.7)
4. Section 4 of P.L.2018, c.25 (C.18A:33-11.5) is amended to read as follows:
4. The Department of Agriculture, in consultation with the Department of Education, shall develop guidelines[, as may be necessary] to facilitate the implementation and operation of breakfast after the bell programs by schools in the State, in accordance with the provisions of section 1 of P.L.2014, c.66 (C.18A:33-11.1), sections 1 and 2 of P.L.2018, c.25 (C.18A:33-11.2 and C.18A:33-11.3), and section 12 of P.L.2022, c.104
(C.18A:33-14a), including, but not limited to, guidelines, consistent with the provisions of section 1 of P.L.2015, c.15 (C.18A:33-21), concerning a school's receipt of payment, from [unsubsidized] students, for unsubsidized school breakfasts that are served to such students under a breakfast after the bell program.
(cf: P.L.2022, c.104, s.11)
5. Section 12 of P.L.2022, c.104 (C.18A:33-14a) is amended to read as follows:
12. a. (1) School breakfasts made available to students under a school breakfast program or a breakfast after the bell program shall meet minimum nutritional standards, established by the Department of Education.
(2) [Free or reduced price breakfasts, as appropriate, shall be] Breakfasts 1that are1 offered[,] 1by a participating school district or nonpublic school,1 under a school breakfast program or a breakfast after the bell program[,] shall be made available, free of charge, to all students enrolled [students] 1[in the district] therein1 who are determined to be federally eligible for free or reduced price meals. As provided by section 1 of P.L.2019, c.445 (C.18A:33-21.1), [any student who is eligible for a reduced price breakfast, pursuant to federal income eligibility criteria, shall not be required to pay for such breakfast. Free breakfasts shall also be] the unreimbursed costs of free breakfasts being made available, pursuant to this paragraph, to students who are federally eligible for reduced price breakfast shall be borne by the State.
(3) Notwithstanding any law, rule, or regulation to the contrary, breakfasts offered under a school breakfast program or a breakfast after the bell program shall also be made available, free of charge, to each enrolled student who is determined to be federally ineligible for free or reduced price meals, but who has an annual household income [that is] amounting to not less than 186 percent, and not more than 199 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1). As provided by subsection b. of this section, the unreimbursed costs of free breakfasts being offered to federally ineligible students, pursuant to this paragraph, shall be borne by the State.
b. The State shall provide funding to each school that operates a School Breakfast Program or a breakfast after the bell program, as may be necessary to reimburse the costs associated with the school's provision of free breakfasts, pursuant to subsection a. of this section, to students who are federally ineligible for free or reduced price meals.
c. The Department of Agriculture, in consultation with the Department of Education, shall annually prepare and issue, to the Governor and, pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), to the Legislature, a written report that identifies, for each 1[school and] participating1 school district 1and nonpublic school1 in the State:
(1) the methods that are being used, by each such school or school district, to facilitate the prompt identification and subsidized [meal] meals certification of students who are categorically eligible or income-eligible for free or reduced price breakfast under the federal School Breakfast Program;
(2) the number and percentage of [income-eligible] students receiving subsidized school breakfasts in each such school and district who have been determined to be, respectively, federally eligible for free school breakfast, federally eligible for reduced price school breakfast, income-eligible for free school breakfast on the basis of State-level income eligibility requirements, or neither categorically eligible nor income-eligible for free or reduced price school breakfast; and the number and percentage of all such students who are, respectively, from low-income families and from middle-income families[, respectively , in each such school and district, who are receiving free or reduced price breakfast under the federal School Breakfast Program and the provisions of this section]; and
(3) the methods that are being used, by each such school and district, to provide breakfast to students under the federal School Breakfast Program, including an indication as to whether breakfast is being provided to students through a breakfast after the bell program.
d. The Department of Agriculture, in consultation with the Department of Education, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), to implement the provisions of this section, including, but not limited to, rules and regulations1:
(1)1 establishing a schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section1; and
(2) establishing a standardized means by which the department will annually review the State reimbursement amounts being allocated under this section in order to determine whether, and the extent to which, participating school districts and nonpublic schools have received adequate reimbursement, from the State, sufficient to account for each participating school's actual costs of breakfast delivery, including, but not limited to, food, labor, and other related costs1.
(cf: P.L.2022, c.104, s.12)
6. Section 1 of P.L.2018, c.26 (C.18A:33-14.1) is amended to read as follows:
1. a. (1) 1[A] Each1 school district 1or nonpublic school1 that participates in the National School Lunch Program or the federal School Breakfast Program shall take steps to maximize the use of federal resources and to minimize the debt that is incurred by families for school meals, in accordance with a protocol established by the Department of Agriculture. The protocol established by the department, pursuant to this paragraph, shall be adopted within 180 days after the effective date of P.L.2022, c.104 (C.18A:33-3.2 et al.), in consultation with the Department of Education, the School Nutrition Association of New Jersey, and all relevant stakeholders, 1shall be reviewed and updated on at least an annual basis thereafter,1and shall provide for 1participating1 school districts 1and nonpublic schools1 to: (a) promote the [increased] prompt and accurate subsidized meals certification of all eligible students [from low-income families and middle-income families for free and reduced price school meals] enrolled 1[in the district] therein1, in accordance with the provisions of P.L.2022, c.104 (C.18A:33-3.2 et al.); and (b) identify best practices to maximize the receipt and use of federal resources by the district's schools.
(2) The Department of Agriculture and Department of Education, in cooperation with each other, shall consult with, and provide direct assistance to, 1participating1 school districts 1and nonpublic schools1 to help them improve, simplify, and expedite the [free and reduced price meal] subsidized school meals certification process and otherwise reduce the administrative burden on schools and school districts that results from such process.
(3) A school that serves lunch or breakfast to students and is eligible for special federal reimbursement under the Community Eligibility Provision, as provided by 7 C.F.R. Part 245, shall, to the greatest extent practicable, participate in, and maximize the receipt of federal resources available under, that special assistance alternative. Every school district in which there is at least one school that qualifies for the Community Eligibility Provision, but is not implementing it, shall report the reasons therefor, in writing, to the Department of Agriculture and the Department of Education, in the manner prescribed by those departments. The report shall include, but need not be limited to, a description of the specific impediments at the school district to implementing the program, the specific actions that could be taken to remove those impediments, and the specific steps required to successfully implement the program in the following school year.
b. The Department of Agriculture, in consultation with the Department of Education, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this section.
c. (Deleted by amendment, P.L.2022, c.104)
(cf: P.L.2022, c.104, s.13)
7. (New section) a. A school district 1or nonpublic school1 that participates in the National School Lunch Program or the federal School Breakfast Program shall annually review the costs being expended 1[by the district, and by each school therein] thereby,1 in association with the implementation and expansion of 1[the district's]1 school lunch and breakfast programs 1at schools in the district or at the nonpublic school, as the case may be1, and shall take appropriate steps to minimize or offset those program costs, to the extent that such costs can be minimized or offset without compromising the 1[district's]1 ability 1of the participating school district or nonpublic school1 to comply with minimum nutritional standards and other program requirements established pursuant to State or federal law.
b. The Department of Agriculture, in consultation with the Department of Education, shall:
(1) monitor, and engage in the inspection and oversight of, each school lunch program and school breakfast program operating pursuant to this chapter, as necessary to ensure that school meals being served to students in the State continue to satisfy minimum nutritional standards, on an ongoing basis, as required by paragraph (2) of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) and paragraph (1) of subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a);
(2) develop and publicize best practices, protocols, and model plans to help school districts effectively minimize and offset program costs, as required by this section, without compromising the nutritional value of meals being served to students; and
(3) work cooperatively with each 1participating1 school district 1and nonpublic school1 in the State to: (a) review the costs being expended by 1[the district, and by]1 each 1participating1 school 1[therein], and by the administering district1, in association with the implementation and expansion of 1[the district's] one or more1 school meals programs 1therein1; (b) identify various means and methods by which program costs can be reduced, curtailed, eliminated, or offset without sacrificing the 1[district's]1 ability 1of a participating school district or nonpublic school1 to operate its school meals programs in compliance with minimum nutritional standards and other applicable State and federal requirements; (c) provide recommendations to help 1[the district] participating school districts and nonpublic schools1 timely and proactively address financial problems that have reduced, or that have the potential to reduce, 1[the district's] their1 ability to properly or fully administer 1[its] their1 school meals programs1[,]1 in compliance with minimum nutritional standards, expanded eligibility requirements, and all other applicable State and federal requirements; and (d) undertake, or recommend the undertaking of, other appropriate actions as may be necessary to prevent the 1[district's] State's1 school meals programs from becoming overly bloated with unnecessary expenses or otherwise becoming financially burdensome to 1[the administering schools or district] participating school districts and nonpublic schools1.
c. The Department of Agriculture, in consultation with the Department of Education, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this section.
8. Section 1 of P.L.2015, c.15 (C.18A:33-21) is amended to read as follows:
1. a. (1) In the event that a 1participating1 school district 1or nonpublic school1 determines that 1[an] a1 [unsubsidized] student's unsubsidized school breakfast or unsubsidized school lunch bill is in arrears, the 1participating school1 district 1or nonpublic school1 shall contact the student's parent or guardian to provide notice of the arrearage, and shall provide the parent or guardian with a period of 10 school days to pay the amount due. If the student's parent or guardian has not made full payment by the end of the designated 10-day period, then the 1participating school1 district 1or nonpublic school1 shall again contact the student's parent or guardian to provide notice of any action to be taken 1[by the school district]1 in response to the arrearage.
(2) A 1participating1 school district 1or nonpublic school1 shall report, at least biannually to the Department of Agriculture, the number and percentage of 1enrolled1 students who [are] have been denied school breakfast or school lunch on the basis of an unsubsidized meals bill arrearage, pursuant to this section.
(3) Nothing in this section shall be construed to: (a) require a 1participating1 school district 1or nonpublic school1 to deny or restrict the ability of [an unsubsidized] a student to access unsubsidized school breakfast or unsubsidized school lunch [when], respectively, whenever the student's unsubsidized school breakfast or unsubsidized school lunch bill is in arrears; or (b) authorize a 1participating school district or nonpublic1 school 1[or district]1 to deny or restrict the ability of a student who is eligible for subsidized school lunch, but who is not eligible for subsidized school breakfast, to continue to access subsidized school lunch whenever the student's unsubsidized school breakfast bill is in arrears.
b. A 1[school or] participating1 school district 1or nonpublic school1 shall not:
(1) publicly identify or stigmatize [an unsubsidized] a student who cannot pay for [a] an unsubsidized school breakfast or [a] an unsubsidized school lunch, or whose unsubsidized school breakfast or [school] lunch bill is in arrears, for example, by requiring the student to sit at a separate table, [by requiring that the student] to wear a wristband, hand stamp, or identifying mark, or [by serving the student] to accept an alternative meal;
(2) require [an unsubsidized] a student[,] who cannot pay for [a] an unsubsidized school breakfast or [a] an unsubsidized school lunch, or whose unsubsidized school breakfast or [school] lunch bill is in arrears, to do chores or other work to pay for the unsubsidized school breakfast or unsubsidized school lunch;
(3) require [an unsubsidized] a student to discard [a] an unsubsidized school breakfast or an unsubsidized school lunch, after it has been served, either because [of] the [student's inability] student is unable to pay for [a school] the unsubsidized breakfast or [a school] unsubsidized lunch or because [money is owed for previously provided meals] the student's unsubsidized school breakfast or lunch bill is in arrears;
(4) prohibit [an unsubsidized] a student, or a sibling [of such a student] thereof, from attending or participating in non-fee-based extracurricular activities, field trips, or school events, from receiving grades, official transcripts, or report cards, or from graduating or attending graduation events, solely because of the student's unresolved [meal] breakfast or lunch debt; or
(5) require [the] a student's parent or guardian [of an unsubsidized student] to pay fees or costs in excess of the actual amounts owed for [meals] unsubsidized school breakfasts or unsubsidized school lunches, or both, which have been previously served to the student.
c. If [an unsubsidized] a student owes money for the equivalent of five or more unsubsidized school meals, 1[a] the participating1 school district 1or nonpublic school1 shall:
(1) (Deleted by amendment, P.L.2022, c.104)
(2) determine whether the student is [categorically] eligible [or income-eligible] for [free or reduced price] subsidized school meals, by conducting a review of all available records related to the student, and by making at least two attempts, not including the initial attempt made pursuant to section [3] 16 of [P.L.2020, c.29 (C.18A:33-21b)] P.L.2022, c.104 (C.18A:33-21b1), to contact the student's parent or guardian and have the parent or guardian [fill out] complete a subsidized school meals application; and
(3) require a principal, or a person designated by the principal, to contact the student's parent or guardian [of the unsubsidized student] to: (a) offer assistance with respect to the completion of the subsidized school meals application[, to]; (b) determine [if] whether there are other issues in the household that have caused the [child] student to have insufficient funds to purchase [a] an unsubsidized school breakfast or unsubsidized school lunch, as the case may be; and [to] (c) offer any other appropriate assistance.
d. A 1participating1 school district 1or nonpublic school1 shall direct communications about a student's unsubsidized school [breakfast or school lunch bill being in arrears] meals arrearage to the parent or guardian and not to the student. Nothing in this subsection shall prohibit a 1participating1 school district 1or nonpublic school1 from sending a student home with a letter addressed to a parent or guardian.
e. Notwithstanding the provisions of this section and the provisions of any other law, rule, or regulation to the contrary, [an unsubsidized] a student shall not be denied access to a school meal, regardless of the student's ability to pay or the status of the student's meal arrearages, during any period of time in which the 1student's participating school district or nonpublic1 school is making a determination, pursuant to subsection c. of this section, as to whether the student is eligible for, and can be certified to receive, [free or reduced price] subsidized school meals.
(cf: P.L.2022, c.104, s.14)
9. Section 16 of P.L.2022, c.104 (C.18A:33-21b1) is amended to read as follows:
16. a. At the beginning of each school year, or upon initial enrollment1[,]1 in the case of a student who enrolls during the school year, a 1participating1 school district 1or nonpublic school1 shall provide each student's parent or guardian with:
(1) information on the National School Lunch Program and the federal School Breakfast Program, including, but not limited to[,]: (a) information on the [availability] ability of all categorically eligible, income-eligible, and statutorily eligible students to receive free [or reduced price meals for eligible students,] school lunch under the National School Lunch Program, on a phased-in basis, as provided by subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), and the ability of all categorically eligible and income-eligible students to receive free school breakfast under the federal School Breakfast Program, as provided by subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a); (b) information on the subsidized school meals application and [determination] certification processes that are used to [certify eligible students] determine whether a student is categorically eligible or income-eligible for subsidized school meals[,]; (c) information highlighting the need for parents and guardians to complete a subsidized school meals application for each student, and encouraging parents and guardians to complete the application, both to ensure that the student will have access to all subsidized school meals for which the student is eligible and to ensure that the school and the district have the necessary information to facilitate relevant eligibility determinations, receive appropriate reimbursement, and engage in all other activities authorized under subsection c. of this section; and (d) information on the rights that are available to students and their families under this section and section 1 of P.L.2015, c.15 (C.18A:33-21); and
(2) a subsidized school meals application [form], as well as instructions for completing the application, and, as necessary, assistance in completing the application.
b. The school meals information and application provided to parents and guardians, pursuant to subsection a. of this section, shall:
(1) be communicated in a language that the parent or guardian understands;
(2) specify the limited purposes for which collected personal data may be used, as provided by subsection c. of this section; and
(3) be submitted to the parent or guardian either in writing or electronically. In the latter case, the 1participating1 school district 1or nonpublic school1 shall use the usual means by which it communicates with parents and guardians electronically.
c. A subsidized school meals application that is completed by a parent or guardian shall be confidential, and shall not be used or shared by the student's school or school district, except as may be necessary to:
(1) determine whether a student identified in the application is income-eligible for free or reduced price school meals and, if so, whether the student satisfies federal or State-level income eligibility requirements for subsidized school lunches, subsidized school breakfasts, or both;
(2) determine whether the school or school district is required, by section 2 of P.L.2018, c.25 (C.18A:33-11.3) or by section 1 of P.L.2018, c.28 (C.18A:33-24), to establish a breakfast after the bell program[,] or to participate as a sponsor or site in the federal Summer Meals Service Program;
(3) ensure that the school receives appropriate reimbursement, from the State and federal governments, for subsidized school meals [provided] served to eligible students, free of charge, through a school lunch program, a school breakfast program, a breakfast after the bell program, a summer meals program, or an emergency meals distribution program; and
(4) facilitate school aid determinations under the "School Funding Reform Act of 2008," P.L.2007, c.260 (C.18A:7F-43 et seq.).
(cf: P.L.2022, c.104, s.16)
110. Section 1 of P.L.2019, c.445 (C.18A:33-21.1) is amended to read as follows:
1. a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, a [public school] student who is enrolled in a participating school district or nonpublic school and is eligible for a reduced price breakfast under the federal School Breakfast Program or a reduced price lunch under the National School Lunch Program, shall not be required to pay for any such reduced price breakfast or reduced price lunch.
b. The State shall pay the difference between the federal allocation for reduced price breakfasts and reduced price lunches and the total cost of the reduced price breakfasts and reduced price lunches that are served, by participating school districts and nonpublic schools, to [public school] enrolled students who are federally eligible for reduced price meals.
c. The Department of Agriculture, in consultation with the Department of Education, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this section, including, but not limited to, rules and regulations establishing the schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section.1
(cf: P.L.2022, c.104, s.17)
1[10.] 11.1 Section 1 of P.L.2019, c.307 (C.18A:33-27.1) is amended to read as follows:
1. a. Each school food authority that provides a food service to students 1[at a public] enrolled in a participating school district or nonpublic1 school in the State shall, in the two languages that are most commonly spoken in the homes of students in 1[the public] each participating1 school served by the school food authority:
(1) develop and implement 1[a public education] an educational1 campaign to 1[educate] inform1 the parents and guardians of 1such1 students 1[at schools served by the school food authority]1 about the various school meals programs that are available for students in New Jersey, and about the availability of [free and reduced price] subsidized school meals, under such programs, for students who [satisfy federal or State-level eligibility criteria] are categorically eligible, income-eligible, or statutorily eligible therefor; and
(2) develop promotional materials for the State's school meals programs, and provide copies of the promotional materials to each school that is served by the school food authority in the State, for distribution, by school staff, to the parents and guardians of students who are enrolled at the school. The school food authority shall utilize existing resources, which have been made available by the United States Department of Agriculture and the New Jersey Department of Agriculture, in developing promotional materials for the purposes of this paragraph. The promotional materials [developed pursuant to this paragraph] shall include, but need not be limited to, pamphlets, presentation materials, webinars, and sample letters that schools may send to parents and guardians.
b. The 1[public education] educational1 campaign and promotional materials developed under subsection a. of this section shall:
(1) satisfy the standards, and comply with the guidelines, established by the Department of Agriculture, in consultation with the Department of Education, pursuant to subsection c. of this section;
(2) highlight and promote the nature, purposes, value, and importance of the National School Lunch Program, the federal School Breakfast Program, the federal Summer Food Service Program, and other similar summer meals programs, as well as the State's breakfast after the bell programs, established pursuant to section 1 of P.L.2014, c.66 (C.18A:33-11.1) or section 2 of P.L.2018, c.25 (C.18A:33-11.3), the State's emergency meals distribution [program] programs, established pursuant to section 1 of P.L.2020, c.6 (C.18A:33-27.2), and any new school meals programs that are implemented in the State after the effective date of P.L.2022, c.103;
(3) emphasize the importance of providing a nutritious meal to all children for their general health and success in school;
(4) emphasize and promote the ability of eligible students to obtain [free or reduced price] subsidized meals under the State's school meals programs, [and] inform parents and guardians about the various ways in which a student may be determined to be categorically eligible, income-eligible, or statutorily eligible [for free meals under these programs, and] therefor, and identify the federal and State-level [income-based] criteria that must be satisfied in order for a student to obtain [free or reduced price] subsidized school meals, under these programs, on the basis of annual household income;
(5) highlight and describe the application and determination processes that are used, by schools and school districts, to certify categorically eligible and income-eligible students for [free or reduced price] subsidized school meals;
(6) highlight and describe the rights that are applicable to students and families in association with a student's receipt of subsidized or unsubsidized [receipt of] school meals in the State; and
(7) inform parents and guardians about the nature and extent of any proposed or implemented expansion of the existing school meals programs in the State, including, but not limited to, the nature and extent of any proposed or implemented expansion of the categories of students who are eligible for [free or reduced price] subsidized school meals under such programs.
c. (1) Within 60 days after the effective date of P.L.2022, c.103, the Department of Agriculture, in consultation with the Department of Education, shall adopt standards and guidelines to ensure the uniformity and accuracy of school meals-related information being presented by school food authorities as part of the educational campaigns conducted, and in the promotional materials distributed, pursuant to this section.
(2) Within 60 days of the effective date of P.L.2022, c.103, 1and on a periodic basis thereafter, as necessary,1 the Department of Education shall provide1, to1 each school food authority that 1[provides] offers1 a food service to students at a 1[public] participating1 school in the State 1[with],1 information concerning the two languages that are most commonly spoken in the homes of students 1[in] enrolled at1 each 1[of the public schools that the school food authority serves] such participating school served thereby1. The Department of Education shall periodically, and at least every five years, verify the two languages that are most commonly spoken in the homes of students in each 1[public] such participating1 school 1[served by each school food authority]1.
d. As used in this section:
"School food authority" shall mean the school, school district, or third-party food service vendor, as applicable.
(cf: P.L.2022, c.103, s.1)
1[11.] 12.1 Section 1 of P.L.2020, c.6 (C.18A:33-27.2) is amended to read as follows:
1. a. [In the event that] Whenever a local board of education [is provided] receives a written directive, [by] from either the New Jersey Department of Health or the health officer of the jurisdiction, [to institute] instituting a public health-related school closure due to the COVID-19 epidemic, the district having jurisdiction over the closed school shall implement [a] and operate an emergency school meals distribution program[,] during the period of the school closure[, to]. An emergency school meals distribution program implemented pursuant to this section shall provide for subsidized school meals to be made available, at meal distribution sites designated pursuant to subsection b. of this section, to all students enrolled in the district who are [either] categorically eligible [or], income-eligible [for free or reduced price school meals], or statutorily eligible therefor.
b. In order to facilitate the emergency distribution of subsidized school meals in the event of an emergency school closure, as described in subsection a. of this section, [the] each school district shall identify one or more school meal distribution sites that are walkable and easily accessible to students in the district. The school district shall collaborate with county and municipal government officials in identifying appropriate distribution sites[. A school meals distribution site may include] including, but [need] not [be] limited to: faith-based locations; community centers, such as YMCAs; and locations in the school district where meals are made available through a summer meals program. In a school district that includes high density housing, the district shall make every effort to identify [a] an emergency school [meal] meals distribution site in that housing area.
c. A school district shall identify students enrolled in the district who are categorically eligible [or], income-eligible, or statutorily eligible for [free or reduced price meals] subsidized school lunch, subsidized school breakfast, or both, and for whom [a] an emergency school meal distribution site, identified pursuant to subsection b. of this section, is not within walking distance. In the case of these students, the school district shall distribute the subsidized school meals to the student's residence or to the student's bus stop along an established bus route, provided that, in the latter case, the student or the student's parent or guardian is present at the bus stop for the distribution. [Food distributed] Distributions made pursuant to this subsection may include up to a total of three school days' worth of food per delivery.
d. A school district may use school buses owned and operated by the district to distribute subsidized school meals pursuant to this section. In the case of a school district that does not own and operate its own buses, the district may enter into a contract [for] authorizing another party to engage in the emergency distribution of subsidized school meals, on the district's behalf, pursuant to this section, and [these contracts] any such contract shall [not] be [subject to] exempt from the public bidding requirements established pursuant to the "Public School Contracts Law," [P.L.1977, c.114 (C.] N.J.S.18A:18A-1 et seq.[)].
e. A school district shall collaborate, as feasible, with other school districts and with local government units [to implement the] when implementing an emergency meals distribution program, [as required by] pursuant to this section, in order to promote administrative and operational efficiencies and cost savings.
f. School lunches and breakfasts that are made available[,] through an emergency meals distribution program operating pursuant to this section[,] shall be provided to eligible students, free of charge, in accordance with the provisions of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) and subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a).
(cf: P.L.2022, c.104, s.20)
1[12.] 13.1 This act shall take effect immediately.
