Bill Text: NY A01941 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires all public school districts, charter schools and non-public schools in the state that participate in the national school lunch program or school breakfast program as provided in the national child nutrition act to serve breakfast and lunch at no cost to the student.

Spectrum: Moderate Partisan Bill (Democrat 80-25)

Status: (Introduced - Dead) 2024-01-03 - referred to education [A01941 Detail]

Download: New_York-2023-A01941-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1941

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by  M.  of  A.  GONZALEZ-ROJAS, RIVERA, GALLAGHER, LUNSFORD,
          MAHER, McDONOUGH, THIELE, BURGOS, ZACCARO, BARRETT, CONRAD, LEVENBERG,
          ROZIC, ARDILA, SHIMSKY,  ALVAREZ,  EPSTEIN,  AUBRY,  CLARK,  ANDERSON,
          DAVILA, JEAN-PIERRE, SIMON, FAHY, DICKENS, DE LOS SANTOS, COOK, SHRES-
          THA,  JACKSON,  WEPRIN,  KELLES, EICHENSTEIN, DeSTEFANO, RAGA, HEVESI,
          K. BROWN, BRABENEC, SILLITTI, SIMONE, BORES -- read once and  referred
          to the Committee on Education

        AN  ACT  to  amend the education law, in relation to providing universal
          school meals to students

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The education law is amended by adding a new section 915-a
     2  to read as follows:
     3    § 915-a. Universal school meals. 1. The department shall  require  all
     4  public  school  districts, charter schools and non-public schools in the
     5  state that participate in the national school lunch  program  or  school
     6  breakfast  program as provided in the Richard B. Russell National School
     7  Lunch Act and the Child Nutrition Act, as amended,  to  serve  breakfast
     8  and  lunch  at no cost to the student.  Public school districts, charter
     9  schools and non-public schools shall maximize federal reimbursement  for
    10  school breakfast and lunch programs by adopting Provision 2, the federal
    11  Community  Eligibility Provision, or any other provision under such act,
    12  the National School Lunch Act or the National Child Nutrition Act.
    13    2. The department shall reimburse the difference  between  the  amount
    14  paid by the United States Department of Agriculture and the free rate as
    15  set  annually  by  the  United  States Secretary of Agriculture under 42
    16  U.S.C. 1759a for each school.
    17    3. The department in consultation with the  office  of  temporary  and
    18  disability assistance shall promulgate any rule or regulation needed for
    19  public  school  districts,  charter  schools  and  non-public schools to
    20  promote the supplemental nutrition assistance program to  a  student  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05356-01-3
        A. 1941                             2

     1  person in parental relation to a student by either providing application
     2  assistance or a direct referral to an outreach partner identified by the
     3  department  to  the  office  of  temporary  and disability assistance to
     4  increase  the  number of students directly certified for free or reduced
     5  price school meals.
     6    4. In addition to fulfilling any other applicable  state  and  federal
     7  requirements,  the  department  shall  provide  technical  assistance to
     8  assist public school districts, charter schools, and non-public  schools
     9  in the transition to universal school meals to ensure successful program
    10  operations and to maximize federal funding, including:
    11    a. Assisting local educational agencies with one or more community-el-
    12  igibility  qualifying  schools in meeting any state and federal require-
    13  ments necessary in order to receive reimbursement through the  community
    14  eligibility provision.
    15    b.  If  a  school  or  district is ineligible to receive reimbursement
    16  through the community eligibility provision,  assisting  the  school  or
    17  district  in  achieving eligibility and, if that is not feasible, assist
    18  the school or district in determining the viability of using Provision 2
    19  or other special federal provisions available to schools.
    20    c. Maximizing direct certification for specific populations as  allow-
    21  able under federal rules.
    22    § 2. This act shall take effect July 1, 2023.