Bill Text: TX HB4740 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to school district grace period policies and the provision of meals to public school students with insufficient balances on prepaid meal cards or meal accounts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Public Education [HB4740 Detail]
Download: Texas-2023-HB4740-Introduced.html
By: Bernal | H.B. No. 4740 |
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relating to school district grace period policies and the provision | ||
of meals to public school students with insufficient balances on | ||
prepaid meal cards or meal accounts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 33.908, Education Code, is amended to | ||
read as follows: | ||
Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR | ||
INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. | ||
(a) In this section, "regular meal" is defined as a meal in | ||
which the school district ordinarily receives reimbursement under | ||
the national free or reduced price lunch program established under | ||
42 U.S.C. Section 1751 et seq. | ||
(b) The board of trustees of a school district that allows | ||
students to use a prepaid meal card or account to purchase meals | ||
served at schools in the district shall adopt a grace period policy | ||
regarding the use of the cards or accounts. The policy: | ||
(1) must allow a student whose meal card or account | ||
balance is exhausted or insufficient to continue, for a period | ||
determined by the board but at a minimum of one week, to purchase | ||
regular meals by: | ||
(A) accumulating a negative balance on the | ||
student's card or account; or | ||
(B) otherwise receiving an extension of credit | ||
from the district; | ||
(2) must require the district to make a minimum of | ||
three attempts to privately notify the parent of or person standing | ||
in parental relation to the student that the student's meal card or | ||
account balance is exhausted |
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(A) making arrangements with the parent or other | ||
person standing in parental relation to the student for payment of | ||
negative balances or amounts otherwise due, including through use | ||
of a payment plan; | ||
(B) assisting the parent or other person standing | ||
in parental relation to the student in the completion of an | ||
application on behalf of the student for free or reduced price | ||
meals, if it is determined that the student may be eligible for free | ||
or reduced price meals; and | ||
(C) sending home with the student in an unmarked | ||
envelope a written notice of a negative balance or other amount due | ||
and an application for free or reduced price meals; | ||
(3) may not permit the district to charge a fee or | ||
interest in connection with meals purchased under Subdivision (1); | ||
and | ||
(4) may permit the district to set a schedule for | ||
repayment on the account balance or other amount due if the district | ||
is unable to set a repayment schedule by agreement through efforts | ||
required under Subdivision (2) |
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(c) After expiration of one week and attempts made by the | ||
school district to notify the parent of or person standing in | ||
parental relation of a student with an exhausted meal card or | ||
account balance, the school district must continue to provide to | ||
the student regular meals in the manner described by Subsection | ||
(b)(1) at no cost to the student's meal card or account. | ||
(d) If a school district is unable to obtain payment for the | ||
negative balance from the student's parent or person standing in | ||
parental relation by the end of the school year, the school district | ||
may pay the negative balance on the student's meal card or account | ||
using private donations solicited from individuals and entities for | ||
that purpose and maintained in a separate district account. | ||
(e) If a school district is unable to obtain payment for the | ||
negative balance from the student's parent or person standing in | ||
parental relation by the end of the school year, the school district | ||
must provide the student's parent or person standing in parental | ||
relation with the application on behalf of the student for free and | ||
reduced price meals, if it is determined that the student may be | ||
eligible for free or reduced price meals, in the subsequent school | ||
year. | ||
(f) If at the end of the school year, a student's meal card or | ||
account balance remains negative, a school district shall not | ||
transfer that debt to the student's account in the subsequent | ||
school year and the school district must pay that debt on behalf of | ||
the student. | ||
(g) The negative balance on a student's meal card or account | ||
balance shall not be used to hold a student from advancing to the | ||
next level of schooling, graduation, receiving their diploma, or | ||
participating in any school-related activities. | ||
(h) A school district shall not publicly identify a student | ||
with a negative balance on a meal card or account, and must | ||
implement any action authorized under this section in a manner that | ||
does not stigmatize a student or cause embarrassment. | ||
SECTION 2. This Act applies beginning with the 2023-2024 | ||
school year. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |