New Jersey-2022-S2975-Introduced

An Act concerning the administration of school meals programs, and supplementing Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

"School meals program" means and includes the National School Lunch Program established pursuant to the "Richard B. Russell National School Lunch Act," 42 U.S.C. s.1751 et seq., and administered pursuant to P.L.1974, c.53 (C.18A:33-4 et seq.); the federal School Breakfast Program established pursuant to the "Child Nutrition Act of 1966," 42 U.S.C. s.1771 et seq., and administered pursuant to P.L.2003, c.4 (C.18A:33-9 et seq.), including any school breakfast after the bell program established pursuant to section 1 of P.L.2014, c.66 (C.18A:33-11.1) or P.L.2018, c.25 (C.18A:33-11.2 et seq.); the Summer Food Service Program established pursuant to 42 U.S.C. s.1761 and 7 C.F.R. Part 225 and administered pursuant to P.L.2018, c.28 (C.18A:33-24 et seq.); the Seamless Summer Option authorized by 42 U.S.C. s.1761; the Child and Adult Care Food Program established pursuant to 42 U.S.C. s.1766; an emergency meals distribution program established pursuant to P.L.2020, c.6 (C.18A:33-27.2 et seq.); and any other similar State or federal nutrition assistance program that is designed to ensure that children enrolled in school, or that children or adults attending a day care center or other, similar temporary care facility, have regular and affordable access to nutritious meals.

b. Notwithstanding any other law, rule, or regulation to the contrary, all school meals programs operating in the State shall be administered and enforced by the Department of Education.

c. All of the functions, powers, and duties heretofore exercised by the Department and Secretary of Agriculture with respect to the administration or enforcement of any school meals program in the State, including, without limitation, those functions, powers, and duties derived from 42 U.S.C. s.1751 et seq., 42 U.S.C. s.1761, 42 U.S.C. s.1766, 42 U.S.C. s.1771 et seq., P.L.1974, c.53 (C.18A:33-4 et seq.), P.L.2003, c.4 (C.18A:33-9 et seq.), section 1 of P.L.2014, c.66 (C.18A:33-11.1), P.L.2018, c.25 (C.18A:33-11.2 et seq.), P.L.2018, c.28 (C.18A:33-24 et seq.), P.L.2020, c.6 (C.18A:33-27.2 et seq.), and any amendments or supplements thereto, are transferred to, and vested in, the Department and Commissioner of Education.

d. All appropriations, grants, and other moneys that are currently available, or that are to be made available, to the Department of Agriculture for the purposes of administering or enforcing any school meals program, including, but not limited to, any moneys available from the "Nourishing Young Minds Initiative Fund," established pursuant to section 1 of P.L.2017, c.132 (C.18A:33-22), shall be transferred to the Department of Education. Such moneys shall be used by the Department of Education for the objects and purposes specified in the appropriation, grant, or other award, subject to any terms, restrictions, limitations, or other requirements imposed by State or federal law.

e. All files, books, papers, records, equipment, and other property held or used by the Department of Agriculture for the purpose of administering and enforcing a school meals program, including, but not limited to, property and resources received after the effective date of this section, shall be transferred to the Department of Education.

f. Any employees of the Department of Agriculture who are responsible for administering a school meals program prior to the effective date of this section, and who the Commissioner of Education deems to be necessary for the proper administration of the school meals programs, shall be transferred to the Department of Education.

g. The Secretary of Agriculture and the Commissioner of Education may enter into interagency agreements, as necessary and appropriate, to effectuate the transfers required by this section.

h. Whenever, in any law, rule, regulation, contract, order, reorganization plan, document, judicial or administrative proceeding, or otherwise, reference is made to the National School Lunch Program or a school lunch program, the federal School Breakfast Program, a school breakfast program, or a breakfast after the bell program, the Summer Food Service Program or Seamless Summer Option, the Child and Adult Care Food Program, or an emergency meals distribution program, the same shall be deemed to mean and refer to the National School Lunch Program or a school lunch program, the federal School Breakfast Program, a school breakfast program, or a breakfast after the bell program, the Summer Food Service Program or Seamless Summer Option, the Child and Adult Care Food Program, or an emergency meals distribution program, as the case may be, which is administered and enforced by the Department of Education, as provided by this section.

i. The transfer of authority under this section shall not affect any order, rule, or regulation made or promulgated by the Department of Agriculture prior to the effective date of the transfer, and any such orders, rules, and regulations shall continue with full force and effect until repealed pursuant to law, or until superseded by orders, rules, or regulations adopted by the Department of Education pursuant to subsection k. of this section, whichever occurs first.

j. The transfer of authority under this section shall not affect any civil or criminal actions or proceedings that have been brought by or against the Department of Agriculture in association with its administration and enforcement of a school meals program, and which are pending as of the effective date of this section; nor shall the transfer affect any order or recommendation that has been made by, or any other matters or administrative proceedings that are pending before, the Department of Agriculture as of the effective date of this section.

k. 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.), and shall be authorized to issue orders or guidance, as may be necessary to effectuate the powers and duties that have been transferred thereto pursuant to this section.

2. This act shall take effect on the first day of the third month next following the date of enactment, except that the Secretary of Agriculture and Commissioner of Education shall take anticipatory administrative action, in advance thereof, as may be necessary for the implementation of this act.

STATEMENT

This bill would transfer authority over all school meals programs in the State from the Department of Agriculture (DOA) to the Department of Education (DOE). A "school meals program" is defined to mean and include: the National School Lunch Program; the federal School Breakfast Program, including a school breakfast after the bell program; the Summer Food Service Program or Seamless Summer Option; the Child and Adult Care Food Program; any emergency meals distribution program; and any other similar State or federal nutrition assistance program that is designed to ensure that children enrolled in school, or that children or adults attending a day care center or other, similar temporary care facility, have regular and affordable access to nutritious meals.

The transfer of authority under the bill would not affect any civil or criminal actions or proceedings that have been brought by or against the DOA in association with its administration and enforcement of a school meals program, and which are pending as of the bill's effective date. Nor would the transfer affect any order or recommendation that has been made by, or any other matters or administrative proceedings that are pending before, the DOA as of the bill's effective date. The existing orders, rules, and regulations of the DOA that have been issued in relation to the State's school meals programs would also remain in effect until they are either repealed or superseded by rules, regulations, and orders adopted by the DOE pursuant to the bill, whichever occurs first.

Although the DOA currently has authority to administer and enforce all school meals programs operating in the State, this authority is superfluous to, and takes the department's attention away from, its main purposes and functions, which are to promote and protect the State's agriculture and agribusiness industries and lands, and to conserve soil and water resources for agricultural purposes. The primary purpose and function of the DOE, by contrast, is to support schools, students, educators, and school districts in order to ensure that students are capable of achieving academic excellence. Because access to nutritional meals is a proven means by which students enhance their capacity for academic success, and because the DOE's mission already requires it to focus on programs geared toward schools and students, the DOE is better positioned, and is the more appropriate department, to administer the school meals programs and to provide assistance to schools, students, parents, and guardians, in association with the operation of those programs.