NY State Senate Bill 2017-S6444

Senate Bill S6444

2017-2018 Legislative Session

Relates to providing for the rights of students and responsibilities of schools participating in free or reduced-price meal programs

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
May 22, 2017	referred to education

co-Sponsors

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2017-S6444 (ACTIVE) - Details

See Assembly Version of this Bill:: A7376
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §908, Ed L

2017-S6444 (ACTIVE) - Summary

Relates to providing for the rights of students and responsibilities of schools participating in free or reduced fee meal programs; ensures proper information is disseminated and that no student is discriminated against or stigmatized for the use of such programs.

2017-S6444 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6444        Revised 5/31/17

 TITLE OF BILL :  An act to amend the education law, in relation to
providing for the rights of students and responsibilities of schools
participating in free or reduced-price meal programs

 PURPOSE OR GENERAL IDEA OF BILL :

Provides for the rights of students and responsibilities of schools
participating in free or reduced-price meal programs; ensures proper
information is disseminated and that no student is discriminated
against or shamed for the use of such programs.

 SUMMARY OF SPECIFIC PROVISIONS :

The Education Law is amended by adding a new section to 908.

 JUSTIFICATION :

Every day in this country students come to school without a way to pay
for school meals. At least 75 percent of school districts have some
unpaid student meal debt at the end of the school year. Part of this
debt has occurred because the students who qualify for the federal
free or reduced-price school meal program are not signed up for the
program, or because families cannot afford to pay for the meals and
owe meal debt.

This bill ensures that schools provide assistance to the parents or
guardians of students to complete a school meal application. This
includes contacting the parent or guardian and making sure they
receive an application in a language that is appropriate for them, or
that they receive assistance filling out the application if they are
unable to do so. A school should also check if students are
categorically eligible because they receive certain public benefits,
such as the Supplemental Nutrition Assistance Program or Temporary
Assistance to Needy Families. This will ensure that kids get the
nutrition they need to actively participate and learn in school, and
it ensures that schools are reimbursed for the meals that they serve.

This bill also ensures that students are not publicly identified,
shamed, stigmatized, or treated differently if they cannot pay for a
meal or if they owe a meal debt. It can be apparent which students are
participating in the free or reduced-price program. Since there is
stigma associated with participating in the free or reduced-price meal
program, some students forgo the meal altogether so that they are not
teased or stigmatized.

The United States Department of Agriculture has informed school
districts that they must establish a policy for handling unpaid school
meal fees in 2017. This bill ensures that those policies do not
further stigmatize students who receive free or reduced-price meals.
The Food Research Action Center, a national non-profit organization,
has identified best practices to prevent lunch shaming and the
identification of students who receive free or reduced-price meals,
which includes implementing universal meal programs when appropriate
and prohibiting measures such as requiring chores or the use of
wristbands or hand stamps if students owe a meal debt.

In addition, students should not be denied access to the same meals
that other children get by the use of alternate meals for students who
owe a meal debt.

Regardless of whether or not a student has money to pay for a meal or
owes money for earlier meals, a school shall provide a meal to a
student who requests one.

Schools should communicate with the parent or guardian about a meal
debt, and not the student. Addressing the issue of unpaid meal debt to
parents or guardians rather than singling out individual students will
also assist in making the programs accessible to all students who
qualify without shaming them in front of other students.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take immediately.

2017-S6444 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6444
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2017
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in  relation  to  providing  for  the
   rights  of  students  and responsibilities of schools participating in
   free or reduced-price meal programs

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 908 to
 read as follows:
   §  908.  HUNGER  FREE  SCHOOLS.  1.  FOR PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MEAL APPLICATION" SHALL MEAN AN APPLICATION FOR FREE OR  REDUCED-
 PRICE  MEALS  PURSUANT  TO  THE NATIONAL SCHOOL LUNCH PROGRAM AND SCHOOL
 BREAKFAST PROGRAM; AND
   (B) "SCHOOL" SHALL MEAN ANY INSTITUTION WITHIN THE STATE THAT PROVIDES
 PRIMARY OR SECONDARY EDUCATION.
   2. (A) A SCHOOL SHALL PROVIDE:
   (I) A FREE, PRINTED MEAL APPLICATION IN EVERY SCHOOL ENROLLMENT  PACK-
 ET,  OR  IF  THE  SCHOOL  CHOOSES TO USE AN ELECTRONIC MEAL APPLICATION,
 PROVIDE IN SCHOOL ENROLLMENT PACKETS AN EXPLANATION  OF  THE  ELECTRONIC
 MEAL  APPLICATION  PROCESS AND INSTRUCTIONS FOR HOW PARENTS OR GUARDIANS
 MAY REQUEST A PAPER APPLICATION AT NO COST; AND
   (II) MEAL APPLICATIONS AND INSTRUCTIONS IN A LANGUAGE THAT PARENTS AND
 GUARDIANS UNDERSTAND. IF A PARENT OR GUARDIAN CANNOT READ OR  UNDERSTAND
 A MEAL APPLICATION, THE SCHOOL SHALL OFFER ASSISTANCE IN COMPLETING SUCH
 APPLICATION.
   (B)  IF  A SCHOOL BECOMES AWARE THAT A STUDENT WHO HAS NOT SUBMITTED A
 MEAL APPLICATION IS ELIGIBLE FOR FREE OR REDUCED-PRICE MEALS, THE SCHOOL
 SHALL COMPLETE AND FILE AN APPLICATION FOR THE STUDENT UNDER THE AUTHOR-
 ITY GRANTED BY TITLE 7, SECTION 245.6(D) OF THE CODE  OF  FEDERAL  REGU-
 LATIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11059-04-7

 S. 6444                             2
 
   (C)  PARAGRAPHS  (A)  AND  (B)  OF  THIS SUBDIVISION DO NOT APPLY TO A
 SCHOOL THAT PROVIDES FREE MEALS TO ALL STUDENTS IN A YEAR IN  WHICH  THE
 SCHOOL DOES NOT COLLECT MEAL APPLICATIONS FROM STUDENTS.
   3.  (A)  REGARDLESS OF WHETHER OR NOT A STUDENT HAS MONEY TO PAY FOR A
 MEAL OR OWES MONEY FOR EARLIER MEALS, A SCHOOL:
   (I) SHALL PROVIDE A UNITED STATES DEPARTMENT OF AGRICULTURE REIMBURSA-
 BLE MEAL TO A STUDENT WHO REQUESTS ONE, UNLESS THE STUDENT'S  PARENT  OR
 GUARDIAN  HAS  SPECIFICALLY PROVIDED WRITTEN PERMISSION TO THE SCHOOL TO
 WITHHOLD A MEAL; AND
   (II) SHALL NOT THROW AWAY A MEAL AFTER IT HAS BEEN SERVED  BECAUSE  OF
 THE STUDENT'S INABILITY TO PAY FOR THE MEAL OR BECAUSE MONEY IS OWED FOR
 EARLIER MEALS.
   (B) IF A STUDENT OWES MONEY FOR FIVE OR MORE MEALS, A SCHOOL SHALL:
   (I)  CHECK  THE STATE LIST OF STUDENTS CATEGORICALLY ELIGIBLE FOR FREE
 MEALS TO DETERMINE IF THE STUDENT IS CATEGORICALLY ELIGIBLE; AND
   (II) CONTACT THE STUDENT'S PARENT AND GUARDIAN WITH WRITTEN  AND  ORAL
 COMMUNICATIONS,  NOT  INCLUDING THE APPLICATION OR INSTRUCTIONS INCLUDED
 IN A SCHOOL ENROLLMENT PACKET, TO ENCOURAGE MEAL APPLICATION  SUBMISSION
 AND OFFER ASSISTANCE IN COMPLETING THE APPLICATION.
   4. A SCHOOL SHALL NOT:
   (A)  PUBLICLY  IDENTIFY,  SHAME,  STIGMATIZE,  OR  TREAT DIFFERENTLY A
 STUDENT WHO CANNOT PAY FOR A MEAL OR WHO OWES A MEAL DEBT;
   (B) REQUIRE A STUDENT WHO CANNOT PAY FOR A MEAL OR  WHO  OWES  A  MEAL
 DEBT TO DO CHORES OR OTHER WORK TO PAY FOR MEALS;
   (C)  DENY  ANY  STUDENT  FROM PARTICIPATING IN AFTERSCHOOL PROGRAMS OR
 OTHER EXTRACURRICULAR ACTIVITIES BECAUSE THE STUDENT CANNOT  PAY  FOR  A
 MEAL OR OWES A MEAL DEBT; AND
   (D)  TAKE  DISCIPLINARY  ACTION  THAT  DIRECTLY  RESULTS IN DENYING OR
 DELAYING A STUDENT THE SAME MEAL THAT IS AVAILABLE TO OTHER STUDENTS AND
 SUBSTITUTING IT WITH AN ALTERNATE MEAL BECAUSE A STUDENT CANNOT PAY  FOR
 A MEAL OR OWES A MEAL DEBT.
   5. A SCHOOL SHALL DIRECT COMMUNICATIONS ABOUT A STUDENT'S MEAL DEBT TO
 A  PARENT  OR  GUARDIAN  AND  NOT  THE  STUDENT. NOTHING IN THIS SECTION
 PROHIBITS A SCHOOL FROM SENDING A STUDENT HOME WITH A  LETTER  ADDRESSED
 TO  A PARENT OR GUARDIAN PROVIDED THAT IT IS DONE IN A WAY THAT DOES NOT
 STIGMATIZE THE STUDENT SUCH AS IN AN UNMARKED ENVELOPE.
   6. A SCHOOL SHALL NOT REQUIRE A PARENT OR  GUARDIAN  TO  PAY  FEES  OR
 COSTS FROM COLLECTION AGENCIES HIRED TO COLLECT A MEAL DEBT.
   § 2. This act shall take effect immediately.

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Senate Bill S6444

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

Jamaal T. Bailey

Jesse Hamilton

Diane J. Savino

Luis R. Sepúlveda

2017-S6444 (ACTIVE) - Details

2017-S6444 (ACTIVE) - Summary

2017-S6444 (ACTIVE) - Sponsor Memo

2017-S6444 (ACTIVE) - Bill Text download pdf

Comments