Bill Text: NJ A4680 | 2024-2025 | 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 6-0)
Status: (Introduced) 2024-09-12 - Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee [A4680 Detail]
Download: New_Jersey-2024-A4680-Introduced.html
Sponsored by:
Assemblyman DAN HUTCHISON
District 4 (Atlantic, Camden and Gloucester)
Assemblywoman ANDREA KATZ
District 8 (Atlantic and Burlington)
Assemblywoman ROSAURA "ROSY" BAGOLIE
District 27 (Essex and Passaic)
Co-Sponsored by:
Assemblyman Miller
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. 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:
"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.
"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 categorically eligible [or], income-eligible, or statutorily eligible for [one or more] subsidized school meals.
"Emergency meals distribution program" means 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 a school in the district 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 either categorically eligible or income-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, or both.
"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 subsidized lunch under the National School Lunch Program or subsidized breakfast under the federal School Breakfast Program, on the basis of income.
"Household income data collection form" means the form that a participating school district or nonpublic school is required to annually provide, to a student's parent or guardian, for elective use thereby in association with the transmission, to the school or school district, of confidential data related to the student's household income, as provided by, and for the limited purposes set forth in, section 16 of P.L.2022, c.104 (C.18A:33-21b1).
"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 224 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.
"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.
"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 district, or by a nonpublic school, 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 or nonpublic school offers daily lunches to all students enrolled therein.
"School meals programs" 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.
"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 authorized, pursuant to the provisions of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a), or any other State law, to receive subsidized school lunch under the National School Lunch Program, or subsidized school breakfast under the federal School Breakfast Program, or both, at no cost thereto, regardless of whether such student is determined to be federally 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 school breakfast" or "subsidized breakfast" means a school breakfast that is offered to an 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 an 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 district, or by a public school or nonpublic school, 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 and includes the [process pursuant to which] consensual household income data collection process set forth in section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any other process or means which is used by 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, for reimbursement and the other limited purposes set forth in subsection c. of section 16 of P.L.2022, c.104 (C.18A:33-21b1), and in accordance with all other State and federal laws applicable thereto, whether [the] a student is categorically eligible [or], is income-eligible, or is statutorily eligible for subsidized school [meals] lunch under the National School Lunch Program, or for subsidized school breakfast under the 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.
"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 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 or income-eligible for subsidized lunch, and the cost of which is not reimbursable by the State or federal government.]
(cf: P.L.2023, c.336, 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] (a) Within one year after the effective date of P.L.1974, c.53 (C.18A:33-4 et seq.), 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.)]. [Each]
(b) Within one year after the effective date of P.L.2023, c.336 (C.18A:33-14.2 et al.), each 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.2023, c.336 (C.18A:33-14.2 et al.)].
(c) Within one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), each school district shall make school lunch available to all students enrolled at every school in the district, including at those schools that were previously exempted from the requirements of subparagraph (a) of this paragraph.
(2) School lunches offered to students, pursuant to this section, shall meet minimum nutritional standards established by the United States Department of Agriculture.
(3) School lunches offered, pursuant to this section, shall be made available, free of charge, to all students enrolled in the district or in the nonpublic school, as the case may be, 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), the unreimbursed costs of free lunches being made available, pursuant to this paragraph, to students who are federally eligible for reduced price lunch, shall be borne by the State.
(4) Notwithstanding the provisions of this section or of any other law, rule, or regulation to the contrary, school lunches offered to students, pursuant to this section, shall [also] be made available, free of charge, to [those] all students enrolled in the participating school district or nonpublic school, [who are] and no such enrolled student shall be required to pay for school lunches served thereto, on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), regardless of whether each such student is determined to be federally [ineligible] eligible 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); and (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 224 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 lunches being made available, pursuant to this paragraph, to students who are federally ineligible therefor, shall be borne by the State.
(5) 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 free school lunches are being made available to all students enrolled therein, at no cost thereto, in accordance with the provisions of paragraph (4) of this subsection.
b. The State shall provide funding to each participating school district and nonpublic school, as may be necessary to reimburse the cost of free lunches being served thereby to federally ineligible students, pursuant to paragraph (4) of subsection a. of this section.
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 participating school district and nonpublic school in the State:
(1) the methods that are being used thereby to facilitate the prompt identification, accurate accounting, and subsidized meals certification of students who are, respectively, categorically eligible or income-eligible for free or reduced price lunch under the National School Lunch Program, as necessary to ensure the ongoing receipt, by participating schools and school districts, of appropriate levels of federal reimbursement for school meals provided thereby to federally eligible students in the State;
(2) the total number and percentage of students receiving subsidized school lunches in the preceding school year who have been determined to be, respectively, [federally] categorically eligible or income-eligible for free school lunch, [federally] income-eligible only for reduced price school lunch, [income-eligible for free school lunch on the basis of State-level income eligibility requirements], or [neither categorically] statutorily eligible, but neither categorically eligible nor income-eligible, for free [or reduced price] school lunch; and
(3) the number and percentage of all students, in each category identified pursuant to paragraph (2) of this subsection, who are, respectively, from low-income families and from middle-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 regulations establishing a schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section.
(cf: P.L.2023, c.336, s.2)
3. Section 2 of P.L.2003, c.4 (C.18A:33-10) is amended to read as follows:
2. a. (1) A public school that is operated by a local or regional school district of the State [in which] shall be required to establish and operate a school breakfast program, in the school: (a) in accordance with a plan adopted pursuant to paragraph (2) or (3) of this subsection, as applicable, if at least 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 meals under the National School Lunch Program or the federal School Breakfast Program[, shall establish a school breakfast program in the school]; and (b) in accordance with a plan adopted pursuant to paragraph (4) of this subsection, regardless of the number or percentage of students enrolled, in the school, who are or have been determined to be federally eligible for free or reduced price meals, whether in the current or in any preceding school year.
(2) A school district shall submit a school breakfast program plan for each school in the district that is subject to the requirements of paragraph (1) of this subsection. The plan for each school shall be adopted in compliance with, and pursuant to, federal School Breakfast Program requirements, and, except as otherwise provided by paragraphs (3) and (4) of this subsection, 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.2022, c.104 (C.18A:33-3.2 et al.), a school district shall submit a new school breakfast program plan, in accordance with the [provisions] relevant timeframes established pursuant to subsection b. of section 6 of P.L.2022, c.104 (C.18A:33-10.1), for each school in the district that is subject to the requirements of subparagraph (a) of paragraph (1) of this subsection. A new plan adopted pursuant to this paragraph and section 6 of P.L.2022, c.104 (C.18A:33-10.1) shall supersede and supplant any plan previously adopted for the school[,] pursuant to paragraph (2) of this section, and the adoption of [a] such new plan [under], as provided by this paragraph and section 6 of P.L.2022, c.104 (C.18A:33-10.1), shall cause [the] any plan previously adopted [under] for the school, pursuant to paragraph (2) of this subsection, to become void and inoperable.
(4) 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 relevant timeframes established pursuant to subsection b. of section 6 of P.L.2022, c.104 (C.18A:33-10.1), for each school in the district that is subject to the requirements of subparagraph (b) of paragraph (1) of this subsection. A new plan adopted pursuant to this paragraph and section 6 of P.L.2022, c.104 (C.18A:33-10.1) shall supersede and supplant any plan previously adopted for the school pursuant to paragraph (2) or (3) of this subsection, and the adoption of such new plan, as provided in this paragraph and section 6 of P.L.2022, c.104 (C.18A:33-10.1) shall cause any plan previously adopted for the school, pursuant to paragraph (2) or (3) of this section, as the case may be, 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 paragraph (2) of subsection a. of this section.
(2) A school district shall submit a plan, by November 1, 2004, for all grades of each school, other than the schools described in paragraph (1) of this subsection, for which a plan is required by paragraph (2) of subsection a. of this section.
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, 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 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 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, 2004 for schools for which plans are required to be submitted 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 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 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 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 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 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 pursuant to paragraph (2) of subsection b. of this section.
(cf: P.L.2022, c.104, s.5)
4. Section 6 of P.L.2022, c.104 (C.18A:33-10.1) is amended to read as follows:
6. a. (1) Notwithstanding the provisions of section 2 of P.L.2003, c.4 (C.18A:33-10) to the contrary[,]: (a) following the enactment of P.L.2022, c.104 (C.18A:33-3.2 et al.), each public school in the State in which 10 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 meals under the National School Lunch Program or the federal School Breakfast Program shall establish a breakfast program in the school; and (b) 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 whether any students enrolled in the school, in the current or in any preceding school year, either are or have previously been determined to be federally eligible for free or reduced price meals.
(2) A school district shall submit, to the Department of Agriculture, a school breakfast program plan for each school in the district that is subject to the requirements of paragraph (1) of this subsection. The plan shall be submitted in a form and manner prescribed by the Secretary of Agriculture and in accordance with the relevant timeframes specified by subsection b. of this section.
b. (1) A plan for all grades in each school having students enrolled in one or more of the grades, pre-K through sixth grade, shall be submitted as follows:
(a) by November 1, 2023, for schools that are subject to the breakfast program requirements set forth in subparagraph (a) of paragraph (1) of subsection a. of this section; or
(b) by November 1, 2024, for schools that are subject to the breakfast program requirements set forth in subparagraph (b) of paragraph (1) of subsection a. of this section.
(2) A plan for all grades in each school not described in paragraph (1) of this subsection shall be submitted as follows:
(a) by November 1, 2024, for schools that are subject to the breakfast program requirements set forth in subparagraph (a) of paragraph (1) of subsection a. of this section; or
(b) by November 1, 2025, for schools that are subject to the breakfast program requirements set forth in subparagraph (b) of paragraph (1) of subsection a. of this section.
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 12 of P.L.2022, c.104 (C.18A:33-14a). 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, as follows:
(1) by September 1, 2024, for schools for which plans are required to be submitted pursuant to subparagraph (a) paragraph (1) of subsection b. of this section[, and];
(2) by September 1, 2025, for schools for which plans are required to be submitted pursuant to subparagraph (b) of paragraph (1) or subparagraph (a) of paragraph (2) of subsection b. of this section; and
(3) by September 1, 2026, for schools for which plans are required to be submitted pursuant to subparagraph (b) of 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, the district 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 of Agriculture, for the purposes of this subsection, shall include recommendations on how a school breakfast program can [operate] most effectively and efficiently be operated in accordance with federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C.18A:33-14a).
(3) The [department] Department of Agriculture shall provide the model plan developed thereby, pursuant to this subsection, to [a] each school district that is subject to the provisions of this subsection, by March 1, 2024 for schools for which plans are required to be submitted pursuant to subparagraph (a) of paragraph (1) of subsection b. of this section, [and] by March 1, 2025 for schools for which plans are required to be submitted pursuant to subparagraph (b) of paragraph (1) or subparagraph (a) of paragraph (2) of subsection b. of this section, and by March 1, 2026 for schools for which plans are required to be submitted pursuant to subparagraph (b) of 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 that is provided thereto pursuant to this paragraph, by September 1, 2024 for schools for which plans are required to be submitted pursuant to subparagraph (a) of paragraph (1) of subsection b. of this section, [and] by September 1, 2025 for schools for which plans are required to be submitted pursuant to subparagraph (b) of paragraph (1) or subparagraph (a) of paragraph (2) of subsection b. of this section, and by September 1, 2026 for schools for which plans are required to be submitted pursuant to subparagraph (b) of paragraph (2) of subsection b. of this section.
f. (1) A school, or a school district acting on behalf of a school in the district, may, in a form and manner prescribed by the Department of Agriculture, apply to the department for a waiver of the breakfast program requirements established pursuant to paragraph (1) of subsection a. of this section.
(2) The department shall grant a waiver of the breakfast program requirements established pursuant to paragraph (1) of subsection a. of this section, and shall continue a waiver pursuant to paragraph (4) of this subsection, if the school, or the school district acting on behalf of the school, demonstrates to the department's satisfaction that the provision of a breakfast program at the school will result in financial hardship for either the school or the school district. Conditions under which a waiver may be granted shall include, but need not be limited to, the following:
(a) there is a lack of facilities or equipment necessary to offer a school breakfast program at the school, and the acquisition of such facilities or equipment would cause financial hardship to the school or school district; or
(b) breakfast program participation rates at the school are either too low to allow the program to operate on a cost-effective basis or would cause substantial scheduling difficulties.
(3) Not more frequently than biennially, the department may request that updated financial and demographic information be submitted to the department by a school, or by a school district acting on behalf of a school, which has obtained a waiver of school breakfast program requirements pursuant to this subsection. A school or school district, upon such request, shall submit the updated financial and demographic information in a form and manner, and within a timeframe, prescribed by the department.
(4) The department shall rescind a waiver previously granted under this subsection if it determines, based upon its review of updated financial and demographic information submitted pursuant to paragraph (3) of this subsection, that there has been a change in circumstances that has eliminated the financial hardship warranting continuation of the waiver pursuant to paragraph (2) of this subsection. Nothing in this paragraph shall be deemed to prohibit a school or school district from submitting a new waiver application, pursuant to paragraph (1) of this subsection, in one or more years following the rescission of a waiver pursuant to this paragraph.
(5) The department shall establish standards and procedures for the filing of waiver applications and the awarding and rescission of waivers pursuant to this subsection.
(cf: P.L.2022, c.104, s.6)
5. 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 low-income families that are federally eligible for free or reduced price school meals.
The Legislature further finds and declares that New Jersey schools have made great strides in serving breakfast to more students 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 students 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, meaning that approximately 304,000 low-income students who were already enrolled in the program, as of April 2017, were not served this all-important morning meal.
The Legislature further finds and declares that: in 2003, New Jersey enacted a law, at section 2 of P.L.2003, c.4 (C.18A:33-10), [requires] requiring a public school to provide school breakfast to [its] students if at least 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 meals; that [section 6 of] the law, in this area, was significantly expanded, in 2022, pursuant to the "Working Class Families' Anti-Hunger Act," P.L.2022, c.104 (C.18A:33-2.3 et al.) [expands existing law so as to require a] , to require school breakfast to be offered by any public school [to provide school breakfast to students if] where at least 10 percent [or more] of the students enrolled [in the school] on October 1 of the preceding school year were deemed federally eligible for free or reduced priced meals; and that the State law in this area was further expanded, pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), so as to require all public schools to provide school breakfast to all students enrolled therein, on an ongoing basis, and free-of-charge, regardless of the number or percentage of students currently or previously enrolled at each such public school, who are or have been deemed federally eligible for free or reduced price school meals; that, despite [these] the State's extensive and evolving school breakfast program requirements, [current] State law generally does not specify how school breakfast is to be served to students; and that it is, therefore, reasonable and necessary, and consistent with the ongoing expansion of New Jersey's breakfast program laws, for the State to further supplement its laws, in this regard, by requiring high-poverty schools to serve breakfast to students through a breakfast after the bell program, [New Jersey] in order to facilitate the provision of school breakfasts, by such schools [will reach] , to a much larger number and percentage of children in need, [thereby helping] as necessary to further [their] the academic success of such children.
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 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; it is the understanding and the intention of the Legislature to make breakfast an integral part of the school day; and 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.2022, c.104, s.9)
6. 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 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 students, for unsubsidized] federal or State reimbursement, as appropriate, for subsidized school breakfasts that are served to such students under a breakfast after the bell program.
(cf: P.L.2023, c.336, s.4)
7. 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 United States Department of Agriculture.
(2) Breakfasts that are offered, by a participating school district or nonpublic school, under a school breakfast program or a breakfast after the bell program, shall be made available, free of charge, to all students enrolled in the district or in the nonpublic school, as the case may be, 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), the unreimbursed costs of free breakfasts being made available, pursuant to this paragraph, to students who are federally eligible only for reduced price breakfast, shall be borne by the State.
(3) Notwithstanding the provisions of this section or any other law, rule, or regulation to the contrary, breakfasts offered by a participating school district or nonpublic school, under a school breakfast program or [a] breakfast after the bell program operated thereby, shall [also] be made available, free of charge, to [each] all students enrolled at the school or in the district, as the case may be, and no such enrolled student shall be required to pay for school breakfasts served thereto, on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), regardless of whether each such student [who] is determined to be federally [ineligible] eligible for free or reduced price meals[, but who has an annual household income amounting to not less than 186 percent, and not more than 224 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.
(4) Each school district overseeing a public school that operates a School Breakfast Program or a breakfast after the bell program shall use all available and appropriate means to publicize, to parents and students in the district, the fact that free school breakfasts are being made available to all enrolled students, at no cost thereto, in accordance with the provisions of paragraph (3) of this subsection.
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 paragraph [(4)] (3) of 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 participating school district and nonpublic school in the State:
(1) the methods that are being used, by each such school or school district, to determine whether, and to facilitate the prompt identification, accurate accounting, and subsidized meals certification of students who are, respectively, categorically eligible [or], income-eligible, or statutorily eligible for free or reduced price breakfast under the federal School Breakfast Program, as necessary to ensure the ongoing receipt, by participating schools and school districts, of appropriate levels of federal reimbursement for school meals provided thereby to federally eligible students in the State;
(2) the total number and percentage of students receiving subsidized school breakfasts, in the preceding year, who have been determined to be, respectively, [federally] categorically eligible or income-eligible for free school breakfast, [federally] income-eligible only for reduced price school breakfast, [income-eligible for free school breakfast on the basis of State-level income eligibility requirements,] or [neither categorically] statutorily eligible, but neither categorically eligible nor income-eligible, for free [or reduced price] school [breakfast] breakfast; and the number and percentage of [all such] students, in each such category, who are, respectively, from low-income families and from middle-income families; 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 regulations establishing a schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section.
(cf: P.L.2023, c.336, s.5)
8. (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 State aid under the "School Funding Reform Act of 2008," P.L.2007, c.260 (C.18A:7F-43 et seq.), as follows:
(1) by determining the total number of enrolled students, at the school, who were eligible for subsidized school meals in the first school year in which the school initially applied to participate in the special assistance alternative, and by carrying over and using that year's eligibility numbers, as a base, for the purposes of determining and reporting anticipated student school meals participation rates and associated program costs for each of the next three upcoming school years; or
(2) by determining the total number of enrolled students, at the school, who are eligible for subsidized school meals in the current school year, and by carrying over and using that current year's eligibility numbers, as a base, for the purposes of determining and reporting anticipated student school meals participation rates and associated program associated costs for each of the next three upcoming school years.
b. Between base year determinations, a school may include, in its school meals eligibility tallies, any newly or currently enrolled students who have been newly determined, by the school, to be eligible for subsidized school meals in the present school year, including, but not limited to, those students whose eligibility has been newly determined through a local or State direct certification match or other categorical eligibility designation.
c. A school that participates in a special assistance alternative shall:
(1) collect and confidentially maintain relevant information, in accordance with the provisions of section 16 of P.L.2022, c.104 (C.18A:33-21b1) and any other applicable law, rule, or regulation, as may be necessary for the school to determine whether an enrolled student is federally eligible for free or reduced price school meals; and
(2) submit to the Department of Education, in a form and manner, and at a frequency, prescribed thereby, information that has been collected by the school, pursuant to paragraph (1) of this subsection, in relation to each enrolled student's federal eligibility for subsidized school meals.
d. Whenever a student is transferred between participating schools in the same school district, information and documentation supporting a determination regarding a student's categorical eligibility or income-eligibility for subsidized school meals may be transferred, from the student's old school to the student's new school, for the limited purposes authorized by this section and by subsection c. of section 16 of P.L.2022, c.104 (C.18A:33-21b1), provided that such documentation and information is less than four years old at the time of transfer, and is updated at least once every four years after transfer to the new school.
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 it establishes a new base year, pursuant to this section, for the purposes of cost and aid determinations undertaken pursuant to the "School Funding Reform Act of 2008," P.L.2007, c.260 (C.18A:7F-43 et seq.).
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 enrollment in the case of a student who enrolls during the school year, a participating school district or nonpublic school shall provide each student's parent or guardian with:
(1) a hard copy of information on the National School Lunch Program and the federal School Breakfast Program, including, but not limited to:
(a) information on the ability of all categorically eligible [and], income-eligible, and statutorily eligible students to receive free school lunch under the National School Lunch Program, as provided by subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), and 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 certification] processes [that], including, but not limited to, the consensual household income data collection process set forth in this section, which are used, by the participating school or district, to determine whether a student is categorically eligible [or], is income-eligible, or is statutorily eligible for subsidized school meals;
(c) information encouraging, and highlighting the need for [parents and guardians], the student's parent or guardian to [complete a subsidized school meals application for] voluntarily disclose, through the completion and transmittal of the household income data collection form provided thereto, pursuant to paragraph (2) of this subsection, the annual household income of 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] residing in the household, for the school or district's limited use and purposes, as set forth in subsection c. of this section; and
(d) information on the rights that are available to students and their families [under], pursuant to this section and [section 1 of P.L.2015, c.15 (C.18A:33-21)] any other applicable State or federal law, in association with such students' receipt of subsidized school meals; and
(2) a hard copy of a [subsidized school meals application] household income data collection form, as well as instructions for completing the [application] data collection form, and, as necessary, instructions for obtaining assistance in completing the [application] form. The instructions provided to parents and guardians, pursuant to this paragraph, shall expressly indicate whether the requisite household income data collection form being provided thereto, pursuant to this paragraph, is also available, and may be completed and submitted, online; and
(3) a postage-paid acknowledgement card to be signed by the parent or guardian and returned to the school or district, pursuant to subsection d. of this section, in any case where the parent or guardian declines to complete and submit the household income data collection form provided thereto pursuant to paragraph (2) of this subsection.
b. The school meals information and [application] household income data collection form that are 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 any collected personal data may be used, as provided by subsection c. of this section;
(3) (Deleted by amendment, P.L.2023, c.203); and
(4) [include a notice that an application to apply for the school lunch and school breakfast programs may be submitted at any time during the school year and is required to be submitted annually.
The school district may also provide the information and application] be submitted to the parent or guardian either in writing or electronically[, through the usual means by which]. In the latter case, the school district [electronically] shall use the usual means by which it communicates with parents electronically.
c. A [subsidized school meals application] household income data collection form that is voluntarily completed and submitted, by a parent or guardian, pursuant to this section, 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;] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
(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] determine whether the identified student is income-eligible or is statutorily eligible for subsidized school meals, as necessary to enable the school [receives] or school district to receive appropriate reimbursement, from the State [and] or federal [governments] government, for subsidized school meals served to [eligible students, free of charge,] such student 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 cost and aid determinations [under] undertaken pursuant to, and for the purposes of, the "School Funding Reform Act of 2008," P.L.2007, c.260 (C.18A:7F-43 et seq.), including, but not limited to, associated base year determinations which are authorized to be undertaken, for school aid funding purposes, pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
d. The school district shall require [the] any parent or guardian who declines to voluntarily complete and submit the household income data collection form provided thereto, pursuant to this section, to [either] instead sign and submit [an application to apply for the school lunch and school breakfast programs or submit a signed] the acknowledgement card provided thereto by the school district, pursuant to paragraph (3) of subsection a. of this section, expressly indicating that the parent or guardian has received the [application and] information and household income data collection form provided thereto pursuant to subsection a. of this section, and is not interested in [participating in the school lunch and school breakfast programs] completing or submitting the income data collection form, as requested by the school or district. The acknowledgement card shall include a notice stating that [a parent or guardian may submit an application to apply for the school lunch and school breakfast programs] any student enrolled in the school or in the district, on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), will continue to be deemed statutorily eligible for the receipt of free school meals offered by such school or district, through a school meals program, regardless of whether the parent or guardian submits, at any time during the school year, the household income data collection form requested pursuant to this section.
If a school district does not timely receive [an application or] a completed household data collection form or a signed acknowledgement card, following the distribution thereof to a student's parent or guardian pursuant to subsection a. of this section, the school district shall make at least one attempt to contact the student's parent or guardian and request that the parent or guardian submit [either an application or] such completed household data collection form or signed acknowledgement card.
e. [The] Notwithstanding the provisions of this section to the contrary, a participating school district or nonpublic school shall not [apply] be required to provide a student's parent or guardian with a household income data collection form or associated acknowledgement card, as otherwise required by subsection a. of this section, in [the] any case [of a] where the participating school district or nonprofit school [which participates in the Community Eligibility Provision]:
(1) has already determined, through a local or State direct certification match or other categorical designation, that the student is categorically eligible for free or reduced price school meals; or
(2) is able to use other lawful means to obtain relevant and up-to-date household income data for the student, which data is materially equivalent to the data required to be requested thereby pursuant to this section, and is sufficient to determine whether such student is income-eligible for free or reduced price school meals.
(cf: P.L.2023, c.336, s.10)
10. Section 1 of P.L.2017, c.387 (C.18A:33-23) is amended to read as follows:
1. a. Each school district in the State shall notify each student enrolled in the school district, and the student's parent or guardian [of], about the availability of [, and criteria of eligibility for,] the summer meals program, and the locations in the school district where [the] summer meals are being made available to enrolled students, free of charge, in accordance with the provisions of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill). The school district shall provide this notification by distributing flyers provided by the Department of Agriculture pursuant to subsection c. of this section. The school district may also provide electronic notice of the information through the usual means by which the school district communicates with parents and students electronically.
b. Each nonpublic school in the State shall notify each student enrolled in the school, and the student's parent or guardian [of], about the availability of [, and criteria of eligibility for,] the summer meals program and the locations, either in the local school district in which the nonpublic school is located or in which the nonpublic school student resides, where the summer meals are being made available to enrolled students, free of charge, in accordance with the provisions of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill). Each nonpublic school shall provide this notification by distributing flyers provided by the Department of Agriculture pursuant to subsection c. of this section. The school may also provide electronic notice of the information through the usual means by which the school communicates with parents and students electronically.
c. The Department of Agriculture shall develop and distribute flyers, no later than June 1 of the school year, to each school district and nonpublic school in the State to implement the requirements of subsections a. and b. of this section.
(cf: P.L.2017, c.387, s.1)
11. (New section) a. In accordance with federal law at 7 C.F.R. Part 225, and consistent with the provisions of State law at 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), school lunches and breakfasts that are made available, in the State, through a summer meals program operated pursuant to P.L.2018, c.28 (C.18A:33-24 et seq.), or pursuant to any other applicable State or federal law, shall be provided, free of charge, to all students who are enrolled at those schools entitled to participate in the summer meals program, regardless of whether each such student is or has been determined to be federally 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 a 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, in accordance with federal law and the provisions of subsection a. of this section.
c. Notice provided pursuant to section 1 of P.L.2017, c.387 (C.18A:33-23) shall highlight the fact that meals offered under a summer meals program are being made available to all enrolled students, free of charge, pursuant to federal law and subsection a. of this section, regardless of whether each such student is federally eligible for free or reduced price meals.
12. 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 enrolled in a participating school district or nonpublic school in the State shall, in the two languages that are most commonly spoken in the homes of students in each participating school served by the school food authority:
(1) develop and implement an educational campaign to inform the parents and guardians of such students about the various school meals programs that are available for students in New Jersey, and about the availability of subsidized school meals, under such programs, for all students [who are categorically] enrolled at schools in the State, regardless of whether such students are federally eligible [or income-eligible therefor] for free or reduced price school meals; 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 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 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 educational 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 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 all eligible students, including all categorically eligible students, all income-eligible students, and all statutorily eligible students, to obtain subsidized meals under the State's school meals programs[, inform parents and guardians about the various ways in which a student may be determined to be categorically eligible or income-eligible therefor, and identify the federal and State-level criteria that must be satisfied in order for a student to obtain subsidized school meals, under these programs, on the basis of annual household income] in any year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill);
(5) highlight and describe the [application and determination] processes [that], including, but not limited to, the consensual household income data collection process set forth in section 16 of P.L.2022, c.104 (C.18A:33-21b1), which are used[,] by participating schools and school districts, to determine and certify, for federal and State reimbursement purposes, whether each student enrolled in the school or district is categorically eligible [and], is income-eligible [students], or is statutorily eligible for the receipt of 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] 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] State's 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 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, and on a periodic basis thereafter, as necessary, the Department of Education shall provide, to each school food authority that offers a food service to students at a participating school in the State, information concerning the two languages that are most commonly spoken in the homes of students enrolled at each such participating school served thereby. 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 such participating school.
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.2023, c.336, s.12)
13. Section 1 of P.L.2020, c.6 (C.18A:33-27.2) is amended to read as follows:
1. a. Whenever a local board of education receives a written directive, from either the New Jersey Department of Health or the health officer of the jurisdiction, instituting a public health-related school closure due to the COVID-19 epidemic, the district having jurisdiction over the closed school shall implement and operate an emergency school meals distribution program during the period of the school closure. 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, or statutorily eligible therefor.
b. In order to facilitate the emergency distribution of subsidized school meals in the event of an emergency public school closure, as described in subsection a. of this section, each school district shall identify one or more school meal distribution sites that are walkable and easily accessible to enrolled students in the district. The school district shall collaborate with county and municipal government officials in identifying appropriate distribution sites including, but not 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 an emergency school meals distribution site in that housing area.
c. A school district shall identify those students, enrolled in the district, who are categorically eligible [or], income-eligible, or statutorily eligible for subsidized school lunch, subsidized school breakfast, or both, and for whom 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], and shall distribute the subsidized [school] summer meals being offered, under the summer meals program, to [the] each such 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 shall be present at the bus stop to accept the distribution. 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 authorizing another party to engage in the emergency distribution of subsidized school meals, on the district's behalf, pursuant to this section, and any such contract shall be exempt from the public bidding requirements established pursuant to the "Public School Contracts Law," 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 when implementing an emergency meals distribution program, pursuant to this section, in order to promote administrative and operational efficiencies and cost savings.
f. [School] Consistent 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), school lunches and breakfasts that are made available, in the State, through an emergency meals distribution program [operating] operated pursuant to this section, shall be provided, free-of-charge, to [eligible] all 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)] enrolled at schools that are participating in the emergency meals distribution program, regardless of whether each such student is or has been determined to be federally eligible for free or reduced price meals.
(cf: P.L.2023, c.336, s.13)
14. 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 1 of P.L.2015, c.15 (C.18A:33-21); and
Section 1 of P.L.2020, c.29 (C.18A:33-21a).
15. This act shall take effect immediately.
STATEMENT
This bill would require school districts and nonpublic schools participating in the National School Lunch Program, and public and nonpublic schools offering school breakfasts under the federal School Breakfast Program, to respectively provide school lunches or school breakfasts, or both, to all enrolled students, free of charge, regardless of whether each such student is determined to be federally eligible for free or reduced price school meals.
Under existing federal law, a student is federally eligible to receive free or reduced price school lunch under the National School Lunch Program, or free or reduced price school breakfast under the federal School Breakfast Program, only if the student is determined to be categorically eligible for such benefits (i.e., is determined to be a homeless child, a migrant child, a runaway child, a foster child, or a Head Start Child, or is a participant in certain public benefits programs) or can demonstrate either that the student lives in a low-income household - i.e., a household having an annual income of not more than 185 percent of the federal poverty level (FPL). Pursuant to the recently enacted "Working Class Families' Anti-Hunger Act," P.L.2022, c.104 (C.18A:33-3.2 et al.), as amended by P.L.2023, c.336 (C.18A:33-14.2 et al.), New Jersey has additionally provided for free school meals, subsidized by the State, to be provided to public school and non-public school students from "middle-income families" - i.e., families having an income of up to 224 percent of the FPL). This bill would provide for the further expansion of the existing State law, in this area, in order to expressly require all school districts and public or nonpublic schools participating in the National School Lunch Program or the federal School Breakfast Program to provide school lunch or breakfast, or both, as appropriate, to all enrolled students, free of charge, regardless of each such students categorical eligibility or income-eligibility for federally subsidized school meals. Any student who is neither categorically nor income-eligible to receive free school meals subsidized by the federal government would, under the bill's provisions, still be deemed to be statutorily eligible for free school meals fully subsidized by the State.
All students who are deemed to be categorically eligible, income-eligible, or statutorily eligible for subsidized school meals, under the bill's expanded eligibility provisions, would be eligible to continue receiving such school meals, free of charge, through a summer meals program, and, if enrolled at a public school, through an emergency meals distribution program that is activated during a period of public school closure resulting from COVID-19. The bill would revise the existing law to require schools to request that a student's parent or guardian complete a household income data collection form for the limited purposes specified in the bill. This data collection form would serve the same purposes as the current subsidized school meals application that is used to certify students as eligible for free or reduced price school meals; however, parents and guardians would be encouraged, and no longer required, to submit such forms in order for the student to receive free school meals, as provided by the bill. Any parent or guardian declining to provide such income-related data would be required to submit a signed acknowledgement card confirming that declination.
Consistent with State-level reimbursement requirements previously established, pursuant to section 1 of P.L.2019, c.445 (C.18A:33-21.1) and the Working Class Families Anti-Hunger Act, this bill would require the State to provide funding, to each school or school district participating in the National School Lunch Program or federal School Breakfast Program, as may be necessary to reimburse the costs associated with the provision, by such school or district, of subsidized school meals to students who are federally ineligible for free or reduced price school meals.
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 universal free meal 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; however, the exemption previously provided thereby is being restated in section 1 of P.L.1974, c.53 (C.18A:33-4), as amended by section 2 of the bill.
(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.
(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 (the "Hunger-Free Students' Bill of Rights Act"), which was to be used in citing to 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). However, section 3 of P.L.2020, c.29 (C.18A:33-21b) was previously repealed by P.L.2023, c.336 (C.18A:33-14.2 et al.), and section 1 of P.L.2015, c.15 (C.18A:33-21) is being repealed by this bill. In addition, because the only remaining provision of law cited in this section - i.e., 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 (and does 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 of law, particularly when the existing short title does not reflect the purpose of that remaining provision. As a result, this short title section is being repealed.
