Bill Text: NY S01678 | 2023-2024 | General Assembly | Amended

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

Spectrum: Moderate Partisan Bill (Democrat 20-5)

Status: (Introduced) 2024-01-03 - REFERRED TO EDUCATION [S01678 Detail]

Download: New_York-2023-S01678-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1678--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 13, 2023
                                       ___________

        Introduced  by  Sens.  HINCHEY,  GOUNARDES,  MARTINEZ,  RYAN, SEPULVEDA,
          SKOUFIS, THOMAS -- read twice and ordered printed, and when printed to
          be committed to the Committee on Education  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

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

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

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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05356-04-3
        S. 1678--A                          2

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