HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE BILL NO. 361

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL MEAL PROGRAMS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter I, Chapter 41, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4137A. Free school meals program.

(a) As used in this section:

(1) “Free school meals program” means the requirement under subsection (b) of this section.

(2) “Public school” means all of the following:

a. A charter school, as “charter school” is defined under § 4161 of this title.

b. A school that is a part of a school district, as “school district” is defined under § 4161 of this title.

(3) “School Breakfast Program” means the federal School Breakfast Program created under 42 U.S.C. §1773 et. seq.

(4) “National School Lunch Program” means the federal Richard B. Russell National School Lunch Act created under 42 U.S.C. § 1751 et seq.

(5) “Reduced-price meal” means a meal a child is entitled to receive under the School Breakfast Program or National School Lunch Program when the family’s income is between 130% and 185% of the federal poverty threshold, as published annually in the Federal Register, and as required under § 9 of the Richard B. Russell National School Lunch Act, 42 U.S.C. § 1758.

(b) A public school shall provide a breakfast meal and a lunch meal free of charge to a student who is eligible for a reduced-price meal, with a maximum of 1 free meal for each meal service period.

(c) The Department of Education shall reimburse a public school that participates in the free school meals program. The amount of the reimbursement to a public school in each budget year must equal the federal free meal reimbursement rate multiplied by the total number of eligible meals that the public school serves as part of the free school meals program during the applicable budget year minus the total amount of reimbursement the public school receives during the applicable budget year under the School Breakfast Program and National School Lunch Program for each student who is eligible for a reduced-price meal.

(d) A meal provided free of charge under the free school meals program must meet the meal pattern requirements under the School Breakfast Program and National School Lunch Program.

(e) The Department of Education may adopt regulations necessary to implement and administer the free school meals program.

SYNOPSIS

This Act requires a public school to provide a breakfast meal and a lunch meal free of charge to a student who is eligible for a reduced-price meal.

This Act requires the Department of Education to reimburse public schools for the free meals required by this Act by paying the difference between the cost of the free meal provided to a student and the reduced-price meal.