Bill Text: NJ S1508 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires schools to universally provide free meals to all students, regardless of whether students are federally eligible for free or reduced price meals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-03-08 - Transferred to Senate Education Committee [S1508 Detail]
Download: New_Jersey-2022-S1508-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Requires schools to universally provide free meals to all students, regardless of whether students are federally eligible for free or reduced price meals.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the universal provision of free school meals to students, supplementing Title 18A of the New Jersey Statutes, and amending and repealing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in this chapter:
"Breakfast after the bell program" means a program that is established and operated by a public or nonpublic school, pursuant to P.L.2014, c.66 (C.18A:33-11.1 et seq.), for the purposes of increasing student participation in an existing school breakfast program.
"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 for free or reduced price meals" means that a student satisfies federal eligibility requirements, set forth in 7 C.F.R. Part 245, as is necessary for the student to 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.
"Emergency meals distribution program" means the 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 school meals to students, through designated distribution sites, during any period in which the school 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 students who are eligible for free or reduced price meals.
"Ineligible for free or reduced price meals" means that a student fails to satisfy federal eligibility requirements, set forth in 7 C.F.R. Part 245, or has failed to submit an appropriate application, as is necessary for the student to 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.
"National School Lunch Program" means the federal reimbursement program established under the "Richard B. Russell National School Lunch Act," 42 U.S.C. 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 students who are eligible for free or reduced price meals.
"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 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), 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 district, 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 offers daily lunches to all students enrolled in the district.
"School Meals Program" means and incorporates all nutrition assistance programs available to students in the State, including, but not limited to, school lunch programs, school breakfast programs, breakfast after the bell programs, summer meals programs, and emergency meals distribution programs.
"Seamless Summer Option" means the federal reimbursement option, established under 42 U.S.C. s.1761, 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 enable schools that already participate in the National School Lunch Program or federal School Breakfast Program to provide free meals to students during the summer months and other planned periods of school closure, in accordance with applicable school meal program rules.
"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.
"Student" means a child 18 years of age or younger who is enrolled at a school in the State.
"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, 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.
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 [children] students enrolled in the district, except at those schools at which less than five percent of students are eligible for free or reduced price meals, within [1] one year [from] after the effective date of [this act] P.L.1974, c.53 (C.18A:33-4 et seq.). [Such lunches]
(2) Each school district shall make school lunch available at every school that was exempt from the provisions of paragraph (1) of this subsection, within one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
(3) School lunches made available pursuant to this section shall meet minimum nutritional standards, established by the Department of Education[. Free and reduced price lunches], and shall be offered to [all children qualifying under Statewide eligibility criteria] each student enrolled in the district, free of charge, regardless of whether the student is eligible for free or reduced price meals.
b. The State shall provide funding to each school district, as may be necessary to reimburse the costs associated with the district's provision of free lunches, pursuant to subsection a. of this section, to students who are ineligible for free or reduced price meals.
c. Each school district in the State shall use all available and appropriate means to publicize, to parents and students in the district, the fact that the school makes free lunches available to all students pursuant to this section.
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 regulations establishing a schedule for, and identifying the manner in which, reimbursements are to be made to school districts pursuant to subsection b. of this section.
(cf: P.L.1974, c.53, s.1)
3. Section 1 of P.L.2003,c.4 (C.18A:33-9) is amended to read as follows:
1. The Legislature finds and declares that:
a. The federal School Breakfast Program is a federally assisted meal program [operating] that is implemented in public and nonprofit private schools and residential child care institutions nationwide, and [supplying to] is designed to ensure that each participating child receives breakfast containing at least one-fourth of the nutrients needed daily[;].
b. The federal School Breakfast Program was established [by the federal government] in 1966 with the purpose of providing a nutritious, well-balanced breakfast to promote sound eating habits, and fostering good health and academic achievement for school-age children[;].
c. New Jersey ranks fiftieth in the nation for participation in the federal School Breakfast Program by schools offering school lunch, and the State has seen only modest increases in participation in recent years[;].
d. Research shows that school breakfast increases attendance and decreases tardiness, improves academic performance both in class and on standardized tests, improves attentiveness, and reduces emotional and behavioral problems among students from all backgrounds[; and].
e. [Therefore] Based on the foregoing findings, it is clearly in the public interest for the State to require [that] school districts [with large populations of students eligible for federally subsidized meals] to offer school breakfasts through the federal School Breakfast Program, and to publicize the [program] availability of such breakfasts in their communities.
(cf: P.L.2003, c.4, s.1)
4. Section 2 of P.L.2003, c.4 (C.18A:33-10) is amended to read as follows:
2. a. (1) A public school operated by a local or regional school district of the State in which 20[%] percent or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced price meals under the [federal] National School Lunch Program or the federal School Breakfast Program, shall establish a [School Breakfast Program] school breakfast program in the school.
[The] (2) A school district shall submit a school breakfast program plan [for the establishment of school breakfast programs] for each school in the district that is subject to the requirements of this section [that is]. The plan for each school shall be adopted in compliance with, and pursuant to [the], federal School Breakfast Program [administered by the State Department of Agriculture. The plan for each school] requirements, and shall be submitted to the Department of Agriculture by the date required by subsection b. of this section, in a form and manner prescribed by the Secretary of Agriculture.
(3) Following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), a school district shall submit a new school breakfast program plan, in accordance with the provisions of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), for each school in the district that is subject to the requirements of paragraph (1) of this subsection. A new plan adopted pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall supersede any plan previously adopted for the school, pursuant to this section, and the adoption of a new plan under section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall cause the plan previously adopted under paragraph (2) of this subsection to become void and inoperable.
b. (1) A school district shall submit a plan, by November 1, 2003, for all grades of each school that has one or more of the grades pre-K through sixth grade and for which a plan is required by subsection a. of this section [on or before November 1, 2003].
(2) A school district shall submit a plan, by November 1, 2004, for all grades of each school [that is not] , other than the schools described in paragraph (1) of this subsection [and], for which a plan is required by subsection a. of this section [on or before November 1, 2004].
c. The Department of Agriculture, in consultation with the Department of Education, shall review each school breakfast plan submitted pursuant to this section and make recommendations, if necessary, [on] regarding how the school breakfast program can operate within the limits of the federal and State reimbursement rates for the federal School Breakfast Program.
d. The Department of Agriculture shall notify each school district that submits a school breakfast plan, pursuant to this section, of the completion of the department's review and any recommended changes to the plan, within three months [of the] after receipt of the plan, but no later than the February 1 following the date required for submission of the plan pursuant to subsection b. of this section.
e. A school district [subject to the requirements of this section] shall establish a school breakfast program in each of its schools, based on the plan submitted [by the school district to the Department of Agriculture] pursuant to this section, by September 1, 2004 for schools for which plans are required to be submitted [by] pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2005 for schools for which plans are required to be submitted [by] pursuant to paragraph (2) of subsection b. of this section.
f. (1) If a school district does not submit a school breakfast plan to the Department of Agriculture, pursuant to paragraph (2) of subsection a. of this section, by the date required by subsection b. of this section, it shall establish a school breakfast program, in each of its schools in which a program is required pursuant to paragraph (1) of subsection a. of this section, based on a model plan provided by the department.
(2) The model plan developed by the department, for the purposes of this section, shall include recommendations on how [the] a school breakfast program can operate within the limits of the federal and State reimbursement rates for the federal School Breakfast Program.
(3) The Department of Agriculture shall provide the model plan to the school district no later than March 1, 2004 for schools for which plans are required to be submitted [by] pursuant to paragraph (1) of subsection b. of this section, and by March 1, 2005 for schools for which plans are required to be submitted [by] pursuant to paragraph (2) of subsection b. of this section, and the school district shall establish the school breakfast program in each of its schools, based on the model plan, by September 1, 2004 for schools for which plans are required to be submitted [by] pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2005 for schools for which plans are required to be submitted [by] pursuant to paragraph (2) of subsection b. of this section.
(cf: P.L.2003, c.4, s.2)
5. (New section) a. (1) Notwithstanding the provisions of section 2 of P.L.2003, c.4 (C.18A:33-10) to the contrary, following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), each public school in the State shall establish a school breakfast program, regardless of the percentage of students, at the school or in the district, who are eligible for free or reduced price meals under the National School Lunch Program or federal School Breakfast Program.
(2) A school district shall submit, to the Department of Agriculture, a school breakfast program plan for each school in the district. The plan shall be submitted in a form and manner prescribed by the Secretary of Agriculture and in accordance with the timeframes specified by subsection b. of this section.
b. (1) A plan for all grades in each school having one or more of the grades pre-K through sixth grade, shall be submitted by November 1, 2022.
(2) A plan for all grades in each school not described in paragraph (1) of this subsection shall be submitted by November 1, 2023.
c. The Department of Agriculture, in consultation with the Department of Education, shall review each school breakfast program plan submitted pursuant to this section and make recommendations, if necessary, regarding how the school breakfast program can operate most effectively, in accordance with federal School Breakfast Program requirements and the provisions of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill). The Department of Agriculture shall notify each school district of the completion of the department's review and any recommended changes to the plan, within 90 days after receipt thereof.
d. A school district shall establish a school breakfast program in each of its schools, based on the plan submitted pursuant to paragraph (2) of subsection a. of this section, by September 1, 2023 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2024 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section.
e. (1) If a school district does not submit a school breakfast plan to the Department of Agriculture by the date required by subsection b. of this section, it shall establish a school breakfast program in each school for which a plan has not been submitted, based on a model plan provided by the department.
(2) The model plan developed by the department, for the purposes of this subsection, shall include recommendations on how a school breakfast program can operate in accordance with the federal School Breakfast Program and the provisions of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(3) The department shall provide the model plan to a school district that is subject to this subsection by March 1, 2023 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by March 1, 2024 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section, and the school district shall establish the school breakfast program in each of its schools, based on the model plan, by September 1, 2023 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2024 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section.
6. Section 1 of P.L.2014, c.66 (C.18A:33-11.1) is amended to read as follows:
1. a. A public school operated by a school district [of the State participating] that participates in the federal [school breakfast program] School Breakfast Program, or a nonpublic school participating in the federal [school breakfast program] School Breakfast Program, is encouraged to increase the number of students participating in the program by establishing a ["]breakfast after the bell["] program [through the incorporation of] that incorporates school breakfast [in] into the first-period classroom or [during] the first few minutes of the school day.
b. The Department of Agriculture, in consultation with the Department of Education shall:
(1) make every effort to assist, guide, and support school districts, public schools, or nonpublic schools in planning, establishing, implementing, or modifying [the "] a breakfast after the bell["] program to increase the [participation rate of all students in the school] number of students, especially students from low income families, who are participating in each school breakfast program[, especially students from low income families]; and
(2) prepare and issue an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the number and percentages of students from low income families that are participating in the [school breakfast program] federal School Breakfast Program, and the format being used [for providing breakfast, for] by each school district, public school, or nonpublic school to provide breakfasts to students under the program.
(cf: P.L.2014, c.66, s.1)
7. Section 1 of P.L.2018, c.25 (C.18A:33-11.2) is amended to read as follows:
1. The Legislature finds and declares that numerous studies document that childhood hunger impedes learning and can cause lifelong health problems; and that, in New Jersey, tens of thousands of children suffer from hunger each year, with nearly 540,000 students living in families eligible to receive free or low-cost school meals.
The Legislature further finds and declares that New Jersey schools have made great strides in serving breakfast to more children at the start of the school day, achieving a 73 percent increase since 2010; and that, despite this progress, only 44 percent of low-income children in New Jersey received breakfast through the federal School Breakfast Program, according to the most recent data published by Advocates for Children of New Jersey, and that this means that approximately 304,000 eligible children who [are] were already enrolled in the program [in], as of April 2017, were not served this all-important morning meal.
The Legislature further finds and declares that New Jersey law [currently], at section 2 of P.L.2003, c.4 (C.18A:33-10), requires a public school [operated by a local or regional school district with] to provide school breakfast to its students if 20 percent or more of the students enrolled in the school, on October 1 of the preceding school year [who], were eligible for free or reduced price meals [under the federal School Lunch Program or the federal School Breakfast Program to be provided school breakfast]; that section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) expands existing law so as to require all public schools in the State to provide school breakfast to students, regardless of the percentage of students at the school who are eligible for free or reduced priced meals; that, [however] despite these breakfast program requirements, current law does not specify how breakfast is to be served to students; and that, by requiring high-poverty schools to serve ["]breakfast to students through a breakfast after the bell program,["] New Jersey schools will reach a much larger percentage of children in need, thereby helping to further their academic success.
The Legislature further finds and declares that the federal government reimburses schools for each meal served, and that this expansion can, therefore, be easily accomplished; that, since 2010, the amount of federal school breakfast reimbursements has more than doubled from about $45 million to an anticipated $105 million in fiscal year 2018; and that Advocates for Children of New Jersey estimates that school districts could collect an additional $89 million in federal funds for school breakfast each year if breakfast is served during the first few minutes of the school day.
The Legislature, therefore, determines that: it [to] shall be the public policy of the State to help remove a major barrier to learning by providing children the nutrition they need to succeed in school[, and determines that]; it is the understanding and the intention of the Legislature to make breakfast an integral part of the school day[,]; and [that "] the implementation of breakfast after the bell["] programs is the most effective way to ensure that all students have the morning nutrition they need to concentrate, learn, and succeed in school.
(cf: P.L.2018, c.25, s.1)
8. Section 2 of P.L.2018, c.25 (C.18A:33-11.3) is amended to read as follows:
2. a. Every public school in which 70[%] percent or more of the students enrolled in the school on or before the last school day before October 16 of the preceding school year were eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program, shall establish a [school "]breakfast after the bell["] program.
b. (1) (a) No later than six months following the effective date of [this act] P.L.2018, c.25 (C.18A:33-1.2 et seq.), each school district shall submit, to the Department of Agriculture, a plan for the establishment of a ["]breakfast after the bell["] program for all grades at each [school in the district which is] of the district's schools that are subject to the requirements of this section. The plan shall comply with the requirements of the federal School Breakfast Program [administered by the Department of Agriculture].
(b) No later than the first full school year following the submission of the plan, the school district shall establish a ["]breakfast after the bell["] program in each of its schools [which] that are subject to the requirements of this section [based upon] , in accordance with the plan submitted [by the school district to the Department of Agriculture] pursuant to this paragraph.
(2) (a) No later than six months after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), each school district shall submit, to the Department of Agriculture, a revised breakfast after the bell plan, for each school in the district that is subject to the requirements of this section. The revised plan shall comply with federal School Breakfast Program requirements and the provisions of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(b) No later than the first full school year following the submission of a revised plan pursuant to this paragraph, the school district shall modify the breakfast after the bell program operating in each of its schools that are subject to the requirements of this section, as may be necessary to implement the provisions of the revised plan.
(3) The Department of Agriculture, in consultation with the Department of Education, shall review each revised plan submitted pursuant to this subsection and make recommendations, if necessary, regarding how a school's breakfast after the bell program can operate most effectively, in accordance with the federal School Breakfast Program requirements and the provisions of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill). The Department of Agriculture shall notify each school district that submits a plan pursuant to this subsection of the completion of the department's review and any recommended changes to the plan, within 90 days after receipt thereof.
c. Upon application, a school district may be granted a waiver by the Department of Agriculture of the requirements of this section for any school in which more than 70 percent of eligible students received a meal under the [school breakfast program] federal School Breakfast Program during the preceding school year. A school district that requests a waiver shall provide [such] relevant information, as may be required by the Department of Agriculture [specifies], to justify the request.
d. [The] No later than three months after the effective date of P.L.2018, c.25 (C.18A:33-11.2 et seq.), the Department of Agriculture shall provide each school district with a listing of [available] resources that are available for the purposes of this section [to each school district no later than three months following the effective date of this act].
(cf: P.L.2018, c.25, s.2)
9. 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 [any] guidelines, as may be necessary [for] to facilitate the implementation and operation of [a paid "]breakfast after the bell["program] programs by schools in the State, in accordance with the provisions of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2018, c.25, s.4)
10. (New section) a. Each public school in the State that operates a School Breakfast Program or a breakfast after the bell program shall make school breakfast available through such programs, free of charge, to each student who is enrolled at the school, regardless of whether the student is eligible for free or reduced price meals.
b. The State shall provide funding, to each public 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 ineligible for free or reduced price meals.
c. The school district overseeing a public school that operates a School Breakfast Program or breakfast after the bell program shall publicize, to parents and students, the fact that the school makes free breakfast available to all students through these programs.
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 regulations establishing a schedule for, and identifying the manner in which, reimbursements are to be made to school districts pursuant to subsection b. of this section.
11. Section 1 of P.L.2018, c.26 (C.18A:33-14.1) is amended to read as follows:
1. a. A school that serves lunch or breakfast to students and is eligible for the Community Eligibility Provision, available under 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 [act] section.
c. [As used in this section, "Community Eligibility Provision" means a federal reimbursement alternative for eligible, high-poverty local educational agencies and schools participating in both the National School Lunch Program and School Breakfast Program which is funded by the United States Department of Agriculture and administered by the New Jersey Department of Agriculture in accordance with the requirements set forth in federal regulations at 7 CFR Part 245.] (Deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill)
(cf: P.L.2018, c.26, s.1)
12. (New section) a. A school that participates in a special assistance alternative authorized by section 11(a)(1) of the federal "Richard B. Russell National School Lunch Act" (42 U.S.C. s.1759a) and 7 C.F.R. Part 245, including Provision 2, Provision 3, or the Community Eligibility Provision, may establish a base year, for use in determining relevant costs for the receipt of aid under the "School Funding Reform Act of 2008," P.L.2007, c.260 (C.18A:7F-43 et seq.), by doing either of the following:
(1) carrying over, from the school year in which the school initially applied to participate in the special assistance alternative, the number of students at the school who were eligible for free or reduced price meals in that base year, and using each student's eligibility status in that base year to report eligibility for up to each of the following three school years; or
(2) determining the number of students at the school who are currently eligible for free or reduced price meals, and using each student's eligibility status in that base year to report eligibility for up to each of the following three school years.
b. Between base year eligibility determinations, a school may include, in its tallies, any newly enrolled students who are determined to be eligible for free or reduced price meals, and any current students who are found to be newly eligible for free or reduced price meals, as identified through a local or State direct certification match or other categorical designation.
c. A school that participates in a special assistance alternative shall:
(1) maintain information on each student's eligibility status, which information shall be collected in accordance with the provisions of section 13 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(2) submit information on each student's eligibility status to the Department of Education, in a form and manner, and at a frequency, prescribed by the department.
d. Whenever a student is transferred between schools in the same school district to a school that participates in a special assistance alternative, documentation supporting the student's eligibility, for the purposes of cost and aid determinations under the "School Funding Reform Act of 2008," P.L.2007, c.260 (C.18A:7F-43 et seq.), may be transferred from the student's old school to the student's new school, as long as the documentation supporting the student's eligibility is less than four years old and is updated at least once every four years thereafter.
e. To the extent permitted by federal law, a school may establish a new base year, for the purposes of the National School Lunch Program and the federal School Breakfast Program, at the same time that the school establishes a new base year, pursuant to this section, for the purposes of cost and aid determinations being made under the "School Funding Reform Act of 2008," P.L.2007, c.260 (C.18A:7F-43 et seq.).
13. (New section) a. At the beginning of each school year, or upon initial enrollment, in the case of a student who enrolls during the school year, a school district shall request that the parent or guardian of the student complete a household income data collection form, provided by the department, to be used in determining the household's economic status. The provisions of this subsection shall not apply if the district is able to obtain equivalent household income data through other lawful means.
b. A request made by a school district 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 the reported 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 school district shall use the usual means by which it communicates with parents and guardians electronically.
c. A household income data collection form that is submitted by a parent or guardian, pursuant to this section, shall be confidential, and shall not be used or shared by the school district, or by the student's school, except as may be necessary to:
(1) facilitate school aid determinations under the "School Funding Reform Act of 2008," P.L.2007, c.260 (C.18A:7F-43 et seq.), as provided by section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) determine whether the student's school 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; and
(3) ensure that the school receives appropriate reimbursement, from the State and federal governments, for meals provided to students, free of charge, pursuant to section 1 of P.L.1974, c.53 (C.18A:33-4), sections 10 and 15 of P.L. , c. (C. ) (pending before the Legislature as this bill), and section 1 of P.L.2020, c.6 (C.18A:33-27.2).
14. 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, [no] a public school student who is eligible for a reduced price breakfast under [a] the federal School Breakfast Program [established pursuant to P.L.2003, c.4 (C.18A:33-9 et seq.),] or a reduced price lunch [pursuant to P.L.1974, c.53 (C.18A:33-4 et seq.),] 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 to public school students who are eligible [public school students] 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, reimbursements [shall] are to be made to school districts[, and any other provisions necessary for the implementation of this act] pursuant to subsection b. of this section.
(cf: P.L.2019, c.445, s.1)
15. (New section) a. In accordance with federal law, at 7 C.F.R. Part 225, meals that are provided to students in the State, through a summer meals program, shall be provided to all students free of charge, regardless of whether the students are otherwise eligible for free or reduced price meals.
b. As required by 7 C.F.R. Part 225, each school district that offers or participates in a summer meals program shall execute a program agreement, with the Department of Agriculture, in order to receive reimbursement from the State for the costs of providing free meals through the summer meals program. The State shall provide funding to each school district with an executed summer meals program agreement, as may be necessary to reimburse the costs that are expended by the district in association with its provision of free summer meals to students pursuant to federal law and subsection a. of this section.
c. (1) Each school district in the State that offers or participates in a summer meals program shall annually notify each student enrolled in the school district, and the student's parent or guardian, of the availability of the summer meals program and the locations in the school district where summer meals are being made available.
(2) Each nonpublic school in the State that offers or participates in a summer meals program shall annually notify each student enrolled in the school, and the student's parent or guardian, of the availability of the summer meals program, and the locations, in the local school district in which the nonpublic school is located or in which the nonpublic school student resides, where summer meals are being made available
d. Notice provided pursuant to subsection c. of this section shall highlight the fact that meals offered under a summer meals program are being made available to students free of charge, pursuant to federal law and subsection a. of this section, regardless of whether a student is otherwise eligible for free or reduced price meals.
e. (1) A school district or nonpublic school shall provide the notice required by this section by distributing flyers developed by the Department of Agriculture pursuant to paragraph (2) of this subsection. The district or nonpublic school may also provide this notice electronically, through the usual means by which the school communicates with parents and students electronically.
(2) The Department of Agriculture shall develop and distribute promotional flyers, no later than June 1 of each school year, to each school district and nonpublic school in the State, as may be necessary to implement the notice requirements of this section.
16. Section 1 of P.L.2018, c.28 (C.18A:33-24) is amended to read as follows:
1. a. Every school district in which 50 percent or more of the students enrolled in the school district on or before the last school day before October 16 of the preceding school year were eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program, shall:
(1) become a sponsor or site of the federal Summer Food Service Program; or
(2) apply for a waiver pursuant to section 3 of [this act] P.L.2018, c.28 (C.18A:33-26).
b. No later than one year after the date of enactment of [this act] P.L.2018, c.28 (C.18A:33-24), a school district [which] that is required to become a sponsor [a] or site under the Summer Food Service Program, pursuant to subsection a. of this section, shall submit, to the Department of Agriculture, either an application to become a sponsor of the federal Summer Food Service Program or documentation showing that the school district will become a site under an existing and approved sponsor.
c. [As used in this act, "Summer Food Service Program" means the federal program that reimburses sponsors for administrative and operational costs to provide meals for children 18 years of age and younger during periods when they are out of school for 15 or more consecutive school days, which is funded by the United States Department of Agriculture and administered by the State Department of Agriculture in accordance with the requirements set forth in federal regulations at 7 CFR Part 225 and 7 CFR Part 250.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
d. A school district that is subject to the requirements of this section shall become a sponsor of the federal Summer Food Service Program or a site under an existing and approved sponsor, no later than two years following the date of enactment of this section.
(cf: P.L.2018, c.28, s.1)
17. Section 2 of P.L.2018, c.28 (C.18A:33-25) is amended to read as follows:
2. a. [A] Nothing in section 1 of P.L.2018, c.28 (C.18A:33-24) shall be deemed to prohibit a school district from becoming a sponsor or site under the Summer Food Service Program. Any school district that is not subject to the requirements of section 1 of P.L.2018, c.28 (C.18A:33-24), but that wishes to become a sponsor or site under the Summer Food Service Program, shall submit, to the Department of Agriculture, an application [pursuant to section 1 of this act] to become a sponsor or documentation showing that the school district will become a site under an existing and approved sponsor.
b. [A school district subject to the requirements of this act shall become a sponsor of the federal Summer Food Service Program or become a site under an existing approved sponsor, no later than two years following the date of enactment of this act.] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
(cf: P.L.2018, c.28, s.2)
18. Section 1 of P.L.2019, c.307 (C.18A:33-27.1) is amended to read as follows:
1. a. The Department of Agriculture, in cooperation with the Department of Education, shall develop, and provide to every school district in the State, promotional [material for] materials describing and advertising the various components of the ["]School [Meal] Meals Program[" and provide every school district with the "School Meal Program" promotional material, which]. These promotional materials shall include, but need not be limited to, pamphlets, presentation material, webinars, and [sample] samples of letters that schools may send to parents.
b. The ["School Meal Program"] promotional [material] materials developed pursuant to this section shall highlight and promote the value and importance of the National School Lunch Program, the federal School Breakfast Program, [and] the federal Summer Food Service Program, the Seamless Summer Option, and the emergency meals distribution program, as well as the importance of providing a nutritious meal to all children for their general health and [their] success in school. The materials shall additionally highlight the fact that all students in New Jersey will be entitled to receive free meals under these programs, as provided by P.L. , c. (C. ) (pending before the Legislature as this bill), regardless of whether those students are federally eligible for free or reduced price meals.
(cf: P.L.2019, c.307, s.1)
19. 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 a board of education is provided a written directive, by either the New Jersey Department of Health or the health officer of the jurisdiction, to institute a public health-related closure due to the COVID-19 epidemic, the district shall implement a program, during the period of the school closure, to provide school meals to all students enrolled in the district [who are] at meal distribution sites designated pursuant to subsection b. of this section. School meals offered at a distribution site, pursuant to this section, shall be made available free of charge, in accordance with the provisions of section 1 of P.L.1974, c.53 (C.18A:33-4) and section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill), regardless of whether those students are eligible for [the] free and reduced price [school lunch and school breakfast programs] meals.
b. In the event of [the] an emergency closure, as described in subsection a. of this section, the 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 sites. A school meal distribution site may include, but need not be limited to: faith-based locations; community centers, such as YMCAs; and locations in the school district where [summer] 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 school meal distribution site in that housing area.
c. [The] Using the data collected pursuant to section 13 of P.L. , c. (C. ) (pending before the Legislature as this bill, a school district shall identify students enrolled in the district who are eligible for [the] free and reduced price [school lunch and school breakfast programs] meals and for whom a 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 school meals to the student's residence or to the student's bus stop along an established bus route, provided that the student or the student's parent or guardian is present at the bus stop for the distribution. Food distributed pursuant to this [section] subsection may include up to a total of three school days' worth of food per delivery.
d. School districts may use school buses owned and operated by the district to distribute 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 contract for the distribution of school meals, and these contracts shall not be subject to the public bidding requirements established pursuant to the "Public School Contracts Law," P.L.1977, c.114 (C.18A:18A-1 et seq.).
e. A school district shall collaborate, as feasible, with other school districts and with local [governments] government units to implement the emergency meals distribution program, as required [pursuant to] by this section, in order to promote administrative and operational efficiencies and cost savings.
(cf: P.L.2020, c.6, s.1)
20. The following sections of law are repealed:
Section 1 of P.L.2006, c.14 (C.18A:33-3.1);
Section 2 of P.L.1974, c.53 (C.18A:33-5);
Section 3 of P.L.2003, c.4 (C.18A:33-11);
Section 3 of P.L.2018, c.25 (C.18A:33-11.4);
Section 1 of P.L.2015, c.15 (C.18A:33-21);
Section 1 of P.L.2020, c.29 (C.18A:33-21a);
Section 3 of P.L.2020, c.29 (C.18A:33-21b); and
Section 1 of P.L.2017, c.387 (C.18A:33-23).
21. This act shall take effect immediately.
STATEMENT
This bill would require all schools in the State to serve free breakfast and lunch to all enrolled students, regardless of whether the students are federally eligible for free or reduced price meals pursuant to the National School Lunch Program and federal School Breakfast Program.
Existing State law requires school lunch programs to be offered by all schools, except those that have fewer than five percent of students who are federally eligible for free or reduced price lunches, and it requires school breakfast programs to be offered by any school in which 20 percent or more of the students enrolled in the school on October 1 of the preceding school year were federally eligible for free or reduced price breakfasts or lunches. State law additionally requires a breakfast after the bell program, which is used to facilitate the provision of breakfasts under a school's breakfast program, to be offered in each public school in which 70 percent or more of enrolled students are eligible for free or reduced price breakfasts or lunches. Finally, it requires a school district in which at least 50 percent of students are eligible for free or reduced price meals to participate as a sponsor or site under the federal Summer Meals Service Program, pursuant to which meals are provided to students during the summer months and other planned periods of school closure.
This bill would alter the existing law to require all schools to offer school lunch and breakfast programs, regardless of the percentage of students at the school who are federally eligible for free or reduced price meals. In addition, the bill requires any meals provided to students, whether under a school lunch program, a school breakfast program, a breakfast after the bell program, or a summer meals program, to be provided to students free of charge, without regard to each student's income eligibility status. The bill would additionally require school meals to be provided to students, free of charge, and without regard to a student's eligibility status, whenever a school is required to provide school meals to students at an external distribution site, due to a public health-related school closure resulting from the COVID-19 epidemic. Each school district, and the Department of Agriculture (DOA), would be required, by the bill, to publicize, to parents and students, the fact that free meals are being made available to all students under all of these programs, pursuant to the bill's provisions.
In order to avoid establishing an unfunded mandate, the bill would require the State to provide funding to each school district, as may be necessary to reimburse the costs associated with the district's provision of free meals to students who are otherwise ineligible for free or reduced price meals pursuant to the National School Lunch Program or federal School Breakfast Program. The bill would further clarify that, in accordance with federal law, a school district that executes a summer program meals agreement with the DOA will be eligible to receive reimbursement from the State for free meals that are provided to students under a summer meals program operated pursuant to the federal Summer Food Service Program or the Seamless Summer Option.
The bill's reimbursement provisions are is similar to current law, at section 1 of P.L.2019, c.445 (C.18A:33-21.1), which provides that a student who is federally eligible for reduced price meals shall not be required to pay any cost for those meals, and that the State shall reimburse schools for the difference between the federal allocation for reduced price meals and the total cost of the meals served to public school students who are eligible for reduced price meals.
Under the bill's provisions, any school that serves lunch or breakfast and is eligible for the Community Eligibility Provision (a special assistance alternative federal reimbursement method that authorizes reimbursement for free school meals provided by eligible, high-poverty local educational agencies and schools participating in both the National School Lunch Program and the federal School Breakfast Program) would be required, to the greatest extent practicable, to participate in, and maximize the receipt of federal resources available under, that reimbursement alternative.
The bill would further provide that, if a school participates in a special assistance alternative reimbursement method authorized under the National School Lunch Program (including Provision 2, Provision 3, or the Community Eligibility Provision), the school may determine student eligibility for free or reduced price meals on a four-year basis (rather than every year) for the purposes of school aid determinations under the "School Funding Reform Act of 2008," P.L.2007, c.260 (C.18A:7F-43 et seq.). Specifically, the bill would authorize such a school to establish a base year, for these purposes, by doing either of the following: (1) carrying over, from the school year in which the school initially applied to participate in the special assistance alternative, the number of students at the school who were eligible for free or reduced price meals in that base year, and using each student's eligibility status in that base year to report eligibility for up to each of the following three school years; or (2) determining the number of students at the school who are currently eligible for free or reduced price meals, and using each student's eligibility status in that base year to report eligibility for up to each of the following three school years. In addition, the bill provides that, whenever a student transfers, between schools in the same school district, to a school that participates in a special assistance alternative, documentation supporting the student's eligibility, for the purposes of school aid determinations, may be transferred from the student's old school to the student's new school, as long as the documentation supporting the student's eligibility is less than four years old and is updated at least once every four years thereafter. To the extent permitted by federal law, the bill would authorize a school to establish a new base year, for the purposes of the National School Lunch Program and the federal School Breakfast Program, at the same time that the school establishes a new base year for the purposes of school aid determinations.
Although the submission of applications and the performance of eligibility determinations will no longer be required in order for a student to receive free school meals under the bill's provisions, a school or school district will still need to be aware of a student's income eligibility status in order to: (1) facilitate school aid determinations under the "School Reform Funding Act of 2008"; (2) determine whether the school is required either to implement a breakfast after the bell program or to participate in the Summer Food Service Program; and (3) ensure that the school receives appropriate reimbursement, from State and federal sources, for meals provided to students free of charge. As a result, the bill would require a school district, either at the beginning of each school year or upon a student's initial enrollment, to request that the parent or guardian of each student complete a household income data collection form, provided by the DOA, for use in determining the household's economic status for these purposes. This requirement would not apply if the district is able to obtain equivalent data through other lawful means. Income data reported by a parent or guardian, under the bill, would be confidential, and may not be used or shared by the school district, or by the student's school, except for the limited purposes described in the bill. Any request for household income data is to be communicated in a language that the parent or guardian understands, is to specify the limited purposes for which the reported data may be used, and is to be submitted either in writing or electronically.
The bill would repeal various sections of existing law, pertaining to school lunch programs, school breakfast programs, and summer meals programs, which are contrary to the bill's provisions. Some of the sections being repealed would be replaced by new sections of the bill. The sections being repealed, and the provisions replacing those repealed sections, are as follows:
(1) Section 1 of P.L.2006, c.14 (C.18A:33-3.1). This section pertains to prepayment for school lunches. Because students will no longer be required to pay for school lunches under the bill, this section is being repealed.
(2) Section 2 of P.L.1974, c.53 (C.18A:33-5). This section exempts, from school lunch requirements, any school in which less than five percent of enrolled students meet federal eligibility requirements for receipt of free meals. Because the bill requires all schools to provide free school lunches, this section is being repealed.
(3) Section 3 of P.L.2003, c.4 (C.18A:33-11). This section requires a school district to publicize the availability of the federal School Breakfast Program, to ensure that students eligible for free or reduced price breakfasts are not treated differently than other students, and to encourage students who are not eligible for free or reduced price breakfasts to, nonetheless, participate in the federal School Breakfast Program. Because the bill provides that income-eligibility may not be considered when providing free meals to students, this section is being repealed, and its publicity provisions are being moved to, and restated in, other provisions of the bill.
(4) Section 3 of P.L.2018, c.25 (C.18A:33-11.4). This section provides that the implementation of a breakfast after the bell program will be subject to the applicable requirements of section 3 of P.L.2003, c.4 (C.18A:33-11) and section 1 of P.L.2014, c.66 (C.18A:33-11.1), as well as any rules or regulations adopted pursuant thereto. Because the bill is repealing section 3 of P.L.2003, c.4 (C.18A:33-11), referenced in this provision, and because section 1 of P.L.2014, c.66 (C.18A:33-11.1) does not actually provide any requirements for implementation of a breakfast after the bell program (and instead, merely encourages schools to participate in a breakfast after the bell program), this section is being repealed.
(5) Section 1 of P.L.2015, c.15 (C.18A:33-21). This section provides procedures to be implemented by a school district, and establishes certain prohibitions on discriminatory treatment, when a student's school breakfast or school lunch bill is in arrears. Because students will not be required to pay for school lunch or breakfast under the bill's provisions and the determination of school meal arrearages will, therefore, not be relevant to whether a student receives school meals under the bill, this section is being repealed.
(6) Section 1 of P.L.2020, c.29 (C.18A:33-21a). This section established a short title for section 1 of P.L.2015, c.15 (C.18A:33-21) and sections 3 and 4 of P.L.2020, c.29 (C.18A:33-21b and C.18A:33-21c) - the "Hunger-Free Students' Bill of Rights Act." However, the bill is repealing both section 1 of P.L.2015, c.15 (C.18A:33-21) and section 3 of P.L.2020, c.29 (C.18A:33-21b), cited in this section. In addition, because the last cited section - section 4 of P.L.2020, c.29 (C.18A:33-21c) - contains only a single sentence related to the receipt of school meals by homeless students (not a more detailed provision establishing a "bill of rights" for all students), it no longer seems necessary or appropriate to attach a short title to this sole remaining provision, particularly when the existing short title does not reflect the purpose of the remaining provision. As a result, this short title section is being repealed.
(7) Section 3 of P.L.2020, c.29 (C.18A:33-21b). This section requires a school district to provide, to a student's parent or guardian, either at the beginning of the school year, or upon a student's initial enrollment, information on the National School Lunch Program and federal School Breakfast Program, as well as an application to apply for free and reduced meals under these programs, and information on the rights that apply under section 1 of P.L.2015, c.15 (C.18A:33-21) and P.L.2020, c.29 (C.18A:33-21a et al.), regarding school meal arrearages. Because students will no longer be required to apply for free school lunches or breakfasts under the bill's provisions, and because the bill is repealing section 1 of P.L.2015, c.15 (C.18A:33-21) (regarding meal arrearages), this section 3 of P.L.2020, c.29 (C.18A:33-21b) is also being repealed. However, it is being replaced with a new section (section 13 of the bill, to be codified at C.18A:33-21b.1), which would require school districts to request that a student's parent or guardian complete a household income data collection form for the limited purposes specified in the bill.
(8) Section 1 of P.L.2017, c.387 (C.18A:33-23). This section requires school districts and nonpublic schools to notify each enrolled student, and the student's parent or guardian, about the availability of, and criteria of eligibility for, the school's summer meals program and the locations at which summer meals are being made available. Because eligibility determinations will not be relevant to a student's receipt of summer meals under the bill's provisions, and because section 1 of P.L.2017, c.387 (C.18A:33-23) despite being the only section of law that addresses "summer meals programs," fails to adequately describe what a summer meals program is or how it works, this section is being repealed and replaced with a new section (section 15 of the bill, to be codified at C.18A:33-23.1), which clarifies the rules applicable to school districts that provide meals to students through a summer meals program, and which additionally requires school districts to provide notice to parents and guardians regarding the availability of summer meals, the locations where such meals are offered, and the fact that summer meals are offered to students free of charge.
In addition to the repealers described above, this bill would also clarify and reorder the provisions of sections 1 and 2 of P.L.2018, c.28 (C.18A:33-24 an C.18A:33-25), in order to make it clear that section 1 applies to school districts that are required to become a sponsor or site under the Summer Food Service Program, while section 2 applies to school districts that elect to become a sponsor or site under the Summer Food Service Program, despite not being required to do so.
Finally, the bill would add a new central definitions section that incorporates all definitions relevant to the provision of school meals in the State. This definitions section would be applicable to the bill's new sections, as well as to the remaining (un-repealed) provisions of Chapter 33 of Title 18A of the New Jersey Statutes, which is the chapter of law that addresses the provision of school meals in the State, and in which the provisions of this bill will be codified.
